| TERMED |
Case title: USA v. Kerrville Painting, et al
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Date Filed: 09/04/2003 Date Terminated: 11/29/2004 |
| Assigned to: Judge Billy Roy Wilson | ||
Defendant (1) |
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Kerrville Painting Company Inc
TERMINATED: 11/29/2004 |
represented by | Gary D. Corum
Wilson, Engstrom, Corum & Coulter Post Office Box 71 Little Rock, AR 72203-0071 (501) 375-6453 Email: gary@wecc-law.com TERMINATED: 11/29/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Retained Nate Coulter Wilson, Engstrom, Corum & Coulter Post Office Box 71 Little Rock, AR 72203-0071 (501) 375-6453 Email: nate@wecc-law.com TERMINATED: 11/29/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Retained |
Pending Counts |
Disposition |
|
| 18:371.F CONSPIRACY TO DEFRAUD THE UNITED STATES NMT 15 yrs; NMT $250,000; (1s) |
5 years probation; $2,000 assessment; $324,613.00 restitution | |
| 42:6928.F STORES/TREATS/TRANSPORTS ETC. - RE-USED OIL NMT 5 yrs; NMT $50,000; (2s) |
5 years probation; $2,000 assessment; $324,613.00 restitution | |
| 42:6928.F STORES/TREATS/TRANSPORTS ETC. - RE-USED OIL NMT 5 yrs; NMT $50,000; (3s) |
5 years probation; $2,000 assessment; $324,613.00 restitution | |
| 33:1311A.F POLLUTANT DISCHARGES ILLEGAL - 2ND OFFENSE NLT $5,000; NMT $50,000; NMT 3 yrs; (4s) |
5 years probation; $2,000 assessment; $324,613.00 restitution | |
| 33:1311A.F POLLUTANT DISCHARGES ILLEGAL - 2ND OFFENSE NLT $5,000; NMT $50,000; NMT 3 yrs; (5s) |
5 years probation; $2,000 assessment; $324,613.00 restitution | |
Highest Offense Level (Opening) |
||
| Felony | ||
Terminated Counts |
Disposition |
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| 18:371.F CONSPIRACY TO DEFRAUD THE UNITED STATES; NMT 15 years; NMT $250,000 (1) |
dismissed on the motion of the govt | |
| 42:6928.F DISPOSAL HAZARDOUS WASTE - NO PERMIT; NMT 5 years; $50,000 each day (2) |
dismissed on the motion of the govt | |
| 42:6928.F TRANSPORT HAZARDOUS WASTE - NO MANIFEST; NMT 5 years; NMT $50,000 each day (3) |
dismissed on the motion of the govt | |
| 33:1311A.F POLLUTANT DISCHARGE INTO WATERS OF THE UNITED STATES; NMT 3 years; $5,000 - $50,000 per day (4) |
dismissed on the motion of the govt | |
| 33:1319.F DISCHARGE HAZARDOUS WASTE; NMT 3 years; $5,000 - $50,000 per day (5) |
dismissed on the motion of the govt | |
| 18:666C.F BRIBERY OF A FEDERAL AGENT; NMT 10 years; NMT $250,000 (7) |
dismissed on the motion of the govt | |
| 18:666C.F BRIBERY INVOLVING FEDERAL PROGRAMS NMT 10 yrs; NMT $250,000; (7s) |
dismissed on the motion of the govt | |
| 18:1020.F HIGHWAY PROJECTS - FALSE STATEMENTS; NMT 5 years; NMT $250,000 (8-41) |
dismissed on the motion of the govt | |
| 18:1020.F HIGHWAY PROJECTS NMT 5 yrs; NMT $250,000; (8s-41s) |
dismissed on the motion of the govt | |
| 18:1001.F FALSE STATEMENTS; NMT 5 years; NMT $250,000 (42-46) |
dismissed on the motion of the govt | |
| 18:1001.F STATEMENTS OR ENTRIES GENERALLY NMT 5 yrs; NMT $250,000; (42s-46s) |
dismissed on the motion of the govt | |
Highest Offense Level (Terminated) |
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| Felony | ||
Complaints |
Disposition |
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| None |
Plaintiff |
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United States of America
TERMINATED: 11/29/2004 |
represented by | Robert J. Govar
U. S. Attorney's Office - Little Rock Eastern District of Arkansas Post Office Box 1229 Little Rock, AR 72203-1229 (501) 340-2616 LEAD ATTORNEY ATTORNEY TO BE NOTICED William C. Adair , Jr. Arbitration/Mediation, Inc. 16219 Nation Street Little Rock, AR 72223 501-821-6898 Email: Bill.Adair@sbcglobal.net TERMINATED: 11/29/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| Date Filed | # | Docket Text |
|---|---|---|
| 09/04/2003 | 1 | INDICTMENT by USA William C. Adair Jr.. Counts filed against Kerrville Painting (1) count(s) 1, 2, 3, 4, 5, 7, 8-41, 42-46, Nickolas Mouzakis (2) count(s) 1, 2, 3, 4, 5, 7, 8-41, 42-46, 47, Kevin Foster (3) count(s) 1, 6, Cecil Zimmerman (4) count(s) 1, 2, 3, 4 (cdw) (Entered: 09/05/2003) |
| 09/04/2003 | 2 | CASE SUMMARY: summons issued for defendant Kerrville Painting; arraignment set for 10:00 a.m. on Thursday, 9/25/03 for Kerrville Painting (cdw) (Entered: 09/05/2003) |
| 09/25/2003 | 10 | MINUTES before Mag. Judge Henry L. Jones Jr. on first appearance of Kerrville Painting on plea & arraignment; Attorneys Gary D. Corum, Nate Coulter present as to Kerrville Painting; deft enters plea of not guilty; jury trial (6 days) set for Monday, 10/27/03 at 9:00 a.m.; 10 days to file pretrial motions; ERO Ruthie Wrather (cdw) (Entered: 09/25/2003) |
| 09/25/2003 | 11 | NOTICE of jury trial Monday, 10/27/03 at 9:00 a.m. as to Kerrville Painting before Judge William R. Wilson (cdw) (Entered: 09/25/2003) |
| 10/07/2003 | 36 | MOTION to extend time to file pre-trial motions by Kerrville Painting, Nickolas Mouzakis (rkc) (Entered: 10/07/2003) |
| 10/09/2003 | 37 | ORDER by Judge William R. Wilson granting defts Muskie, Kerrville Painting's motion to extend time to file pretrial motions [36-1], all pretrial motions are to be filed no more than 14 days before trial (cc: all counsel and defendants) (cdw) Modified on 10/14/2003 (Entered: 10/09/2003) |
| 10/17/2003 | 42 | RESPONSE by plaintiff USA to motion for extension of time to file pre-trial motions of Kerrville Painting Co. and Nick Muskie (rkc) Modified on 10/23/2003 (Entered: 10/17/2003) |
| 10/21/2003 | 45 | ORDER by Judge William R. Wilson granting motion to continue jury trial [44-1], [41-1]; jury trial reset Mon. 4/19/04 at 9:00 a.m. as to all defendants and the delay is excludable pursuant to 18:3161(h)(7) as to Kerrville Painting, Nick Muskie, Kevin Foster, Cecil Zimmerman (cc: all counsel and defendants) (rkc) (Entered: 10/22/2003) |
| 12/23/2003 | 52 | MOTION for discovery by Kerrville Painting, Nick Muskie (rkc) (Entered: 12/23/2003) |
| 01/06/2004 | 53 | MOTION for Rule 44(c)(2) hearing and to extend time to respond to motion for discovery by USA as to Kerrville Painting, Nick Muskie (rkc) (Entered: 01/06/2004) |
| 01/09/2004 | 54 | MOTION for order dismissing motion for Rule 44(c)(2) hearing and to extend time to respond to motion for discovery of Kerrville Painting and Nick Muskie by USA as to Kerrville Painting, Nick Muskie, Kevin Foster, Cecil Zimmerman (rkc) Modified on 01/16/2004 (Entered: 01/12/2004) |
| 01/13/2004 | 55 | ORDER by Judge William R. Wilson finding the motion for Rule 44(c)(2) hearing [53-1] moot, finding the motion to extend time to respond to motion for discovery [53-2] moot, granting motion for order dismissing motion for Rule 44(c)(2) hearing [54-1], finding the motion to extend time to respond to motion for discovery of Kerrville Painting and Nick Muskie [54-2] moot. (cc: all counsel and defendants) (rkc) (Entered: 01/13/2004) |
| 02/03/2004 | 56 | MOTION to continue jury trial by USA as to Kerrville Painting, Nick Muskie, Kevin Foster, Cecil Zimmerman (rkc) (Entered: 02/04/2004) |
| 02/23/2004 | 57 | ORDER by Judge William R. Wilson granting motion to continue jury trial [56-1]; jury trial reset Mon. 8/16/04 at 9:00 a.m. as to Kerrville Painting, Nick Muskie, Kevin Foster, Cecil Zimmerman and the delay is excludable pursuant to 18:3161(h)(8)(A) as to Kerrville Painting, Nick Muskie, Kevin Foster, Cecil Zimmerman (cc: all counsel defendants) (rkc) (Entered: 02/23/2004) |
| 03/12/2004 | 58 | RESPONSE by plaintiff USA to motion for discovery [52-1] (rkc) (Entered: 03/12/2004) |
| 03/16/2004 | 59 | ORDER by Judge William R. Wilson denying defts Muskie & Kerrville Painting Co's motion for discovery [52-1] (cc: all counsel and defendants) (cdw) (Entered: 03/17/2004) |
| 04/08/2004 | 62 | MOTION to shorten time for defts to file pretrial motions by USA as to Kerrville Painting, Nick Muskie, Kevin Foster, Cecil Zimmerman (cdw) (Entered: 04/08/2004) |
| 05/05/2004 | 66 | MOTION for disclosure of evidence and to produce witnesses' statements by USA as to Kerrville Painting, Nick Muskie, Kevin Foster (rkc) (Entered: 05/05/2004) |
| 05/21/2004 | 67 | ORDER by Judge William R. Wilson granting motion for disclosure of evidence [66-1], granting motion to produce witnesses' statements [66-2] granting motion to shorten time for defts to file pretrial motions [62-1] only to the extent that ALL defts. are ordered to file their pretrial motions no later than 5:00 p.m. on Wed. 7/14/04. (cc: all counsel and defendants) (rkc) (Entered: 05/21/2004) |
| 07/21/2004 | 76 | SUPERSEDING indictment Kerrville Painting (1) count(s) 1s, 2s, 3s, 4s, 5s, 7s, 8s-41s, 42s-46s, Nick Muskie (2) count(s) 1s, 2s, 3s, 4s, 5s, 7s, 8s-41s, 42s-46s, 47s, Kevin Foster (3) count(s) 1s, 6s, Cecil Zimmerman (4) count(s) 1s, 2s, 3s, 4s (rkc) (Entered: 07/22/2004) |
| 07/21/2004 | 77 | CASE SUMMARY summons: none requested for defendant Kerrville Painting (rkc) (Entered: 07/22/2004) |
| 07/27/2004 | 81 | MOTION for disclosure of defts' expert witnesses by USA as to Kerrville Painting, Nick Muskie, Kevin Foster, Cecil Zimmerman (rkc) (Entered: 07/27/2004) |
| 07/27/2004 | 82 | MOTION for order for defts to give notice of intent to introduce F.R.Evid. Rule 404(b) evidence by USA as to Kerrville Painting, Nick Muskie, Cecil Zimmerman (rkc) Modified on 08/17/2004 (Entered: 07/27/2004) |
| 07/28/2004 | 85 | DISCLOSURE of expert witnesses by plaintiff USA (rkc) (Entered: 07/28/2004) |
| 07/30/2004 | 88 | TRANSCRIPT ( 1 volume) of proceedings for the following date(s): July 28, 2004 (change of plea before Judge Wilson) (mcn) (Entered: 07/30/2004) |
| 08/04/2004 | 90 | NOTICE of change of plea Mon. 8/9/04 9:00 a.m. as to Kerrville Painting before Judge William R. Wilson (rkc) (Entered: 08/04/2004) |
| 08/06/2004 | Docket Modification (Utility Event) finding the motion for order for defts to give notice of intent to introduce F.R.Evid. Rule 404(b) evidence [82-1] moot; finding the motion to sever defts [73-1] moot; finding the motion for a bill of particulars [71-1] moot; finding the motion to suppress [69-1] moot due to defts pleading guilty (maj) Modified on 08/09/2004 (Entered: 08/06/2004) | |
| 08/09/2004 | 95 | MINUTES: Kerrville Painting (through deft Nick Muskie) appeared before Judge Wilson to enter a guilty plea to Counts 1s - 5s of the superseding indictment; plea accepted; Counts 7s - 46s dismissed as to this deft Sentencing set as to Kerrville Painting for November 19, 2004 at 1:30 p.m. (G. Power) (maj) (Entered: 08/09/2004) |
| 08/09/2004 | 96 | PLEA Agreement as to Kerrville Painting (maj) (Entered: 08/09/2004) |
| 08/09/2004 | 98 | NOTICE of sentencing on 11/19/04 @ 1:30 p.m. as to Kerrville Painting before Judge William Wilson (lej) (Entered: 08/10/2004) |
| 11/01/2004 | 109 | MOTION for order to decrease offense level one additional level by USA as to Kerrville Painting, Nick Muskie, Kevin Foster (rkc) (Entered: 11/02/2004) |
| 11/19/2004 | 116 | MINUTES: Sentencing held as to Kerrville Painting before Judge Wilson; deft appeared through representative, Nick Muskie, w/counsel Gary Corum and Nate Coulter; sentence imposed; 5 years Probation; $324,614 restitution; $100,000 lump sum is due and monthly payments of $5,000 subsequently until corporation assets are depleted; $2,000 special assessment; J&C to follow (C. Newburg) (maj) (Entered: 11/19/2004) |
| 11/29/2004 | 117 | PRESENTENCE Report on Kerrville Painting (original sealed and placed in a vault). (lej) (Entered: 11/29/2004) |
| 11/29/2004 | 118 | JUDGMENT and Commitment by Judge William R. Wilson issued to U.S. Marshal sentencing Kerrville Painting (1) on counts 1s, 2s, 3s, 4s, and 5s to 5 years probation; $2,000 assessment; $324,613.00 restitution; dismissing counts 1, 2, 3, 4, 5, 7s, 7, 8s-41s, 8-41 on the motion of the govt (cc: all counsel) (lej) (Entered: 11/29/2004) |
| 01/24/2005 | DOCKETING LETTER: 8 USCA Number 04-4030 (dac) (Entered: 01/24/2005) | |
| 02/15/2005 | CERTIFICATE of Clerk's Record; 3 sealed copies of PSR transmitted to USCA re appeal of Foster [124-1] (dac) (Entered: 02/15/2005) | |
| 02/16/2005 | 133 | TRANSCRIPT ( 1 volume) of proceedings for the following date: 8/11/04 change of plea hrg of Kevin Foster [124-1] (dac) (Entered: 02/16/2005) |
| 02/16/2005 | 134 | TRANSCRIPT ( 1 volume) of proceedings for the following date: 11/19/04 sentencing hrg of Foster ( [124-1] ) (dac) (Entered: 02/16/2005) |
| 02/16/2005 | CERTIFICATE of Record; transcript of plea & transcript of sentencing transmitted to USCA re appeal of Foster [124-1] (dac) (Entered: 02/16/2005) | |
| 02/17/2005 | 135 | TRANSCRIPT ( 1 volumes) of proceedings for the following date(s): 11/19/05 (sentencing hearing before Judge Wilson) (rkc) (Entered: 02/17/2005) |
| 05/23/2005 | 136 | MANDATE from Circuit Court of Appeals dismissing the appeal of Kevin Foster on appellant's motion[124-1] (transcripts remain in USCA8) (dac) (Entered: 05/23/2005) |
| 05/26/2005 | DOCKET NOTE: transcript of change of plea & sentencing of Kevin Foster returned from USCA8 (dac) (Entered: 05/26/2005) | |
| 10/26/2007 | 140 | ORDER TERMINATING PROBATION PRIOR TO ORIGINAL EXPIRATION DATE as to Kerrville Painting Company, Inc. Signed by Judge William R. Wilson Jr. on 9/26/2007. (lmr) (Entered: 10/29/2007) |