CLOSED

U.S. District Court
EASTERN DISTRICT OF NORTH CAROLINA (Western Division)
CRIMINAL DOCKET FOR CASE #: 5:01-cr-00189-H-1


Case title: USA v. Johnny F. Smith Truc

Date Filed: 08/15/2001

Assigned to: Senior Judge Malcolm J. Howard

Defendant (1)
Johnny F. Smith Trucking Co.
TERMINATED: 08/30/2001
represented byJames C. Dever , III
Maupin, Taylor, Ellis & Adams
3200 Beechleaf Court
Suite 500
Raleigh, NC 27604-1064
919-981-4000
TERMINATED: 08/30/2001
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
18:286 CONSPIRE TO DEFRAUD GOVERNMENT RESPECT TO CLAIM
(1)
Special Assessment $400.00 - Fine $1,442.900. - Restitution - $961,933. (Restitution, Fine, and Special Assessment was paid on the day of Plea 8/30/01

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None


Plaintiff
USA
TERMINATED: 08/30/2001

Date Filed #Docket Text
08/15/2001MOTION by USA as to .#Sealed deft. to seal information cys dist: USA,Counsel, PTS,Judge H. (jh) (Entered: 08/27/2001)
08/15/2001SEALED INFORMATION as to .#Sealed deft. (1) count(s) 1 c: USA,PTS,Counsel,Judge H. (jh) (Entered: 08/27/2001)
08/17/2001ORDER as to .#Sealed deft. granting [1-1] motion to seal information as to .#Sealed deft. (1) ( Signed by Judge Howard ) c: USA,Counsel,PTS,Judge H. (jh) (Entered: 08/27/2001)
08/17/2001  Deadline updated as to .#Sealed deft., set Arraignment before Judge Malcolm J. Howard for 10:00 8/30/01 for .#Sealed deft. (jh) (Entered: 08/27/2001)
08/30/20014WAIVER OF INDICTMENT by .#Sealed deft. - cys dist. (ab) (Entered: 09/04/2001)
08/30/20015Document Filed by USA as to .#Sealed deft. Titled: - partial summary of facts in support of guilty plea. cys dist to Judge Howard - (ab) (Entered: 09/04/2001)
08/30/20016Document Filed by USA as to Johnny F. Smith Truck and dragline service, INC - . Titled: - ex parte request for disposition of funds rec'd pursuant to plea agreement - cys dist to Judge Howard. (ab) (Entered: 09/04/2001)
08/30/2001  Arraignment as to .#Sealed deft. held before Judge Malcolm J. Howard . Court Reporter: Donna Tomawski .#Sealed deft. (1) count(s) 1 in Greenville before Judge - Plea of guilty - Robert Habans representing Johnny F. Smith Truck & Dragline Service, Inc. proffer by Govt - Memorandum of P/A Filed - Deft waives right to have presentence report prepared (jh) (Entered: 09/24/2001)
08/30/2001MEMORANDUM of Plea Agreement as to .#Sealed deft. Conditionally Approved cys dist (jh) (Entered: 09/24/2001)
08/30/2001  PLEA entered by .#Sealed deft. . Court accepts plea. Guilty: .#Sealed deft. (1) count(s) 1 (Terminated motions - ) in Greenville before Judge Howard (CR-Donna Tomawski) - deft present w/counsel - defts plea freely & vol. ent. - factual basis exists - Sent. this date - waive presentence report - (jh) (Entered: 09/24/2001)
08/30/2001  Sentencing held before Judge Malcolm J. Howard . Court Reporter: Donna Tomawski .#Sealed deft. (1) count(s) 1 in Greenville - Johnny F. Smith Truck & Dragline represented by Robert Habans (Atty: James Dever) (jh) (Entered: 09/24/2001)
08/30/20018JUDGMENT .#Sealed deft. (1) count(s) 1. Special Assessment $400.00 - Fine $1,442.900. - Restitution - $961,933. (Restitution, Fine, and Special Assessment was paid on the day of Plea 8/30/01 Signed by Judge Howard OB Ref: #32, P.98 cys dist (jh) (Entered: 09/24/2001)
08/30/2001  Information unsealed as to .#Sealed deft. (jh) (Entered: 09/25/2001)
08/30/2001  Information unsealed as to .#Sealed deft. (jh) (Entered: 09/25/2001)
10/10/2001  Letter stating the cost for copies of the waiver/indictment, criminal information, plea agreement and judgment mailed to Tracey hartman, Gordon, Silberman, Wiggins & Childs, Fourteen Hundred Southtrust Tower, Birmingham, Alabama 35203-3204. ($40.00 - 80 pgs) (ld) (Entered: 10/10/2001)