CLOSED,Edgar

United States District Court
Southern District of West Virginia (Charleston)
CRIMINAL DOCKET FOR CASE #: 2:02-cr-00185-1


Case title: USA v. Independence Coal
Date Filed: 08/30/2002
Date Terminated: 03/12/2003
Assigned to: Magistrate Judge Mary E. Stanley

Defendant (1)
Independence Coal Company
TERMINATED: 03/14/2003 		represented byM. Shane Harvey
HC 78 Box 1800
Madison, WV 25130
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

William J. Powell
JACKSON KELLY
P. O. Box 1068
Martinsburg, WV 25402
304/263-8800
Fax: 263-7110
TERMINATED: 03/14/2003
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts
Disposition
33:1319(c)(1)(A) ENFORCEMENT - CRIMINAL PENALTIES
(1)		 5 yrs probation, $125.00 sp. assmt., $200,000 fine.

Highest Offense Level (Opening)
Misdemeanor

Terminated Counts
Disposition
None

Highest Offense Level (Terminated)
None

Complaints
Disposition
None

Plaintiff
United States of America
TERMINATED: 03/14/2003 		represented byMartin Harrell
U.S. ENVIRONMENTAL PROTECTION AGENCY
Region III
1650 Arch Street
Philadelphia, PA 19103-3029
TERMINATED: 03/14/2003
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Miller A. Bushong , III
U. S. ATTORNEY'S OFFICE
U. S. Courthouse & IRS Complex
110 Heber Street, Room 261
Beckley, WV 25801
304/253-6722
Fax: 304/253-9206
Email: miller.bushong@usdoj.gov
TERMINATED: 03/14/2003
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
08/29/2002  PROBATION OFFICER ASSIGNED as to Independence Coal. PRETRIAL SERVICES: unassigned; PRESENTENCE INVESTIGATION: unassinged; SUPERVISION: Edgar. (tmr) (Entered: 05/13/2003)
08/30/20021INFORMATION as to Independence Coal count 1 (tmr)
09/18/20022ORDER as to Independence Coal; transferring the witihn information charging deft with misdeameanor violations of 33 U.S. 1319(c)(1)(A) is transferred to Samuel L. Kay, Clerk of Courts, for reassignment to a U.S. Magistrate Judge for all further proceedings. cc: defendant and counsel; USA; USM; USP; Judge (Signed by Judge John T. Copenhaver, Jr.) (tmr)
09/19/20023ORDER as to Independence Coal; reassigning this action to the docket of the Honorable Mary E. Stanley, U.S. Magistrate Judge, for all further proceedings. cc: defendant and counsel; USA; USM; USP; Judge (Signed by Samuel L. Kay, Clerk of Courts) (tmr)
09/24/20024MOTION by USA as to Independence Coal to schedule guilty plea hearing (tmr)
09/25/20025ORDER as to Independence Coal; granting govt's [4-1] motion to schedule guilty plea hearing; set Plea Hearing Deadline for 11:00 11/6/02 cc: defendant and counsel; USA; USM; USP; Judge (Signed by Magistrate Judge Mary E. Stanley) (tmr)
09/25/20026NOTICE OF APPEARANCE for Independence Coal by Retained Attorney William J. Powell (tmr)
11/04/20027MOTION by Independence Coal to Continue plea hearing (tmr)
11/05/20028ORDER as to Independence Coal; granting deft's [7-1] motion to Continue plea hearing; reset Plea Hearing Deadline for 3:00 12/16/02 cc: defendant and counsel; USA; USM; USP; Judge (Signed by Magistrate Judge Mary E. Stanley) (tmr)
11/21/20029ORDER as to Independence Coal, granted deft's oral motion to reschedule guilty plea hearing; reset Plea Hearing Deadline for 9:30 12/16/02 cc: defendant and counsel; USA; USM; USP; Judge (Signed by Magistrate Judge Mary E. Stanley) (tmr)
12/12/200218MOTION by USA as to Independence Coal reschedule sentencing hearing (tmr) Modified on 03/31/2003
12/16/2002  SPECIAL ASSMT. PAYMENT RECEIVED as to Independence Coal: $125.00 RECEIVED, RECEIPT NUMBER 11940. cc: U.S. Attorney; U. S. Probation. (tmr)
12/16/2002  PLEA HEARING as to Independence Coal held (Magistrate Judge Mary E. Stanley; Court Reporter: Steinke) Independence Coal (tmr)
12/16/200210CONSENT TO PROCEED BEFORE U. S. MAGISTRATE JUDGE IN A MISDEMEANOR CASE by Independence Coal (tmr)
12/16/200211WRITTEN GUILTY PLEA by Independence Coal to the information (tmr)
12/16/200212LETTER-FORM PLEA AGREEMENT as to Independence Coal (cc: USP) (tmr) (Entered: 03/31/2003)
12/16/200213ORDER Upon hearing held 12/16/02 as to Independence Coal, filing of consent to proceed before a US Magistrate Judge, written guilty plea and plea agreement; set Sentencing for 11:00 2/24/03 ; PSI report due 1/21/03; objections due 2/4/03; final report due 2/18/03. cc: defendant and counsel; USA; USM; USP; Judge (Signed by Magistrate Judge Mary E. Stanley) (tmr)
12/16/200214PROBATION OFFICER ASSIGNMENT/SUPERVISION FORM as to Independence Coal; PROBATION OFFICER: LaDoucer; Type of Assignment: Presentence Investigation. (tmr)
12/18/200215TRANSCRIPT as to Independence Coal for plea hearing held 12/16/02, before Magistrate Judge Mary E. Stanley. Court Reporter: Steinke (tmr)
02/05/200316ORDER as to Independence Coal, granting govt's to reschedule sentencing hearing; reset Sentencing for 11:00 2/28/03 cc: defendant and counsel; USA; USM; USP; Judge (Signed by Magistrate Judge Mary E. Stanley) (tmr)
02/06/200317MOTION by USA as to Independence Coal to reschedule sentencing hearing (tmr)
02/13/200319ORDER as to Independence Coal; granting govt's [17-1] & [18-1] motions to reschedule sentencing hearing ; reset Sentencing for 11:00 3/12/03 cc: defendant and counsel; USA; USM; USP; Judge (Signed by Magistrate Judge Mary E. Stanley) (tmr)
03/12/2003  SENTENCING held (Magistrate Judge Mary E. Stanley; Court Reporter: Electronic) Independence Coal (tmr)
03/12/2003  FINE PAYMENT RECEIVED as to Independence Coal: $200,000.00 RECEIVED, RECEIPT NUMBER 12465. cc: U.S. Attorney; U. S. Probation. (tmr)
03/14/200320JUDGMENT upon sentencing held 12/12/03 as to Independence Coal; count 1, 5 yrs probation, $125.00 sp. assmt., $200,000 fine; sp. assmt. already paid and fine due immediately. (Signed by Magistrate Judge Mary E. Stanley) cc: defendant and counsel; USA; USM; USP; Judge (tmr)
03/14/2003  **CASE CLOSED as to Independence Coal (all defendants) (tmr)
03/19/200322TRANSCRIPT as to Independence Coal for sentencing held 3/12/03, before Magistrate Judge Mary E. Stanley. Court Reporter: Cook (tmr)
03/24/200323PROBATION OFFICER ASSIGNMENT/SUPERVISION FORM as to Independence Coal; PROBATION OFFICER: Lewis; Type of Assignment: Supervision. (tmr) Additional attachment(s) added on 6/2/2004 (Kirkpatrick, Judy).
03/31/200324NOTICE by USA as to Independence Coal, indicating that the deft has paid in full all criminal monetary impositions in this criminal action. cc. Court Administration. (tmr)
05/12/200325PROBATION OFFICER ASSIGNMENT/SUPERVISION FORM as to Independence Coal; PROBATION OFFICER: Edgar; Type of Assignment: Supervision. (tmr) (Entered: 05/13/2003)
05/21/200326PROBATION FORM NO. 7A as to Independence Coal CONDITIONS OF PROBATION AND/OR SUPERVISED RELEASE. (pdb)
10/02/200327PETITION/ORDER as to Independence Coal: Directing a site visit as to the violations listed in the petition. (signed by Magistrate Judge Mary E. Stanley)(cc: counsel; USA; USM; USP; Judge). (tmr)
10/23/200328ORDER as to Independence Coal, set Preliminary Revocation Hearing for 10:00 11/4/03. cc: defendant and counsel; USA; USM; USP; Judge (Signed by Magistrate Judge Mary E. Stanley) (tmr)
11/04/2003  PRELIMINARY HEARING ON PETITION as to Independence Coal held (Magistrate Judge Mary E. Stanley; Court Reporter: Electronic) (tmr)
11/06/200329PROBATION MODIFICATION ORDER Upon hearing held 11/4/03 as to Independence Coal; directing that the deft's current terms of probation shall continue in full force and effect and are modified as more fully set forth herein. cc: defendant and counsel; USA; USM; USP; Judge (Signed by Magistrate Judge Mary E. Stanley) (tmr)
01/30/200430ORDER as to Independence Coal, upon deft's request, directing that the deft be permitted up to and including the 31st day of March of each year to submit the requested financial information required by Special Conditions of Supervision No. 8, and that Special Condition No. 8 is so modified (cc: defendant and counsel; USA; USM; USP; Judge) (signed by Magistrate Judge Mary E. Stanley) (jkk)