CLOSED

U.S. District Court
EASTERN DISTRICT OF NORTH CAROLINA (Western Division)
CRIMINAL DOCKET FOR CASE #: 5:05-cr-00231-BO-1


Case title: USA v. Lake Wheeler Grocery

Date Filed: 08/25/2005
Date Terminated: 05/24/2006

Assigned to: District Judge Terrence W. Boyle

Defendant (1)
Lake Wheeler Grocery & Hardware, Inc.
TERMINATED: 05/24/2006
represented byThomas Courtland Manning
Manning Law Firm
P. O. Box 12105
1312 Annapolis Dr., Suite 203
Raleigh, NC 27605
919-834-3499
Fax: 919-834-3864
Email: manninglaw@att.net
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
18:1955(a) Operating an Illegal Gambling Business
(1)
PROBATION (1) year; fine in the amount of $15,000.00; Special assessment of $400.00. - Preliminary Order of Forfeiture entered on 9/26/2005.

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None


Plaintiff
USA represented byJoe Exum , Jr.
U. S. Attorney's Office
310 New Bern Ave.
Raleigh, NC 27601
919-856-4530
Fax: 856-4487
Email: jay.exum@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Stephen A. West
United States Attorney
310 New Bern Ave.
Suite 800
Raleigh, NC 27601
919-856-4048
Fax: 856-4821
Email: steve.west@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
08/25/20051INFORMATION as to Lake Wheeler Grocery (1) count(s) 1 - Forfeiture Notice included - cps dist (mm) (Entered: 08/29/2005)
09/13/2005  Issued NOTICE TO APPEAR as to Lake Wheeler Grocery : set Arraignment and trial before Judge Terrence W. Boyle for 2:00 9/26/05 for Lake Wheeler Grocery by mail (mm) (Entered: 09/16/2005)
09/23/20052WAIVER OF PRESENTENCE INVESTIGATION REPORT by Lake Wheeler Grocery - filed by govt - c: Judge Boyle (mm) (Entered: 09/26/2005)
09/26/20053WAIVER OF INDICTMENT by Lake Wheeler Grocery - cps dist (mm) (Entered: 09/26/2005)
09/26/2005  Arraignment as to Lake Wheeler Grocery held in Raleigh, NC; deft sworn, rule 11 conducted before Judge Terrence W. Boyle . Court Reporter: Sharon Kroeger Lake Wheeler Grocery (1) count(s) 1 (mm) (Entered: 09/26/2005)
09/26/20054MEMORANDUM of Plea Agreement as to Lake Wheeler Grocery - cps dist (mm) (Entered: 09/26/2005)
09/26/2005  PLEA entered by Lake Wheeler Grocery. Govt summarized evidence, factual basis exists, plea made freely and vol/ . Court accepts plea. Guilty: Lake Wheeler Grocery (1) count(s) 1 (Terminated motions - ) (mm) (Entered: 09/26/2005)
09/26/20055ORDER Directing Forfeiture as to Lake Wheeler Grocery ( Signed by Judge Boyle OB Ref: cps dist) (mm) (Entered: 09/26/2005)
09/30/20056NOTICE of filing of corporate authorization by Lake Wheeler Grocery & Hardware, Inc. - c: Judge Boyle (Deputy Clerk, MG) (Entered: 10/03/2005)
04/20/20067NOTICE OF HEARING as to Lake Wheeler Grocery & Hardware, Inc. Sentencing set for 5/31/2006 09:00 AM in Courtroom 1 in Raleigh, NC before Judge Terrence W. Boyle. (Deputy Clerk, MG) (Entered: 04/20/2006)
04/25/20068NOTICE OF HEARING to reset case as to Lake Wheeler Grocery & Hardware, Inc. Sentencing set for 5/23/2006 09:00 AM in Courtroom 5th Floor before Judge Terrence W. Boyle. (Deputy Clerk, MG) (Entered: 04/25/2006)
05/24/20069Minute Entry for proceedings held before Judge Terrence W. Boyle:Sentencing held in Raleigh, NC on 5/24/2006 for Lake Wheeler Grocery & Hardware, Inc. (1), Count(s) 1. PROBATION (1) year; fine in the amount of $15,000.00; Special assessment of $400.00 - Preliminary Order of Forfeiture entered on 9/26/2005. (Court Reporter Margaret M. Powell.) (Deputy Clerk, LR) (Entered: 06/01/2006)
05/24/200610JUDGMENT as to Lake Wheeler Grocery & Hardware, Inc. (1), Count(s) 1. PROBATION (1) year; fine in the amount of $15,000.00; Special assessment of $400.00. - Preliminary Order of Forfeiture entered on 9/26/2005. Signed by Judge Terrence W. Boyle on 5/24/2006. (Deputy Clerk, LR) (Entered: 06/01/2006)
07/06/200611JUDGMENT as to Lake Wheeler Grocery & Hardware, Inc. (1), Count(s) 1, PROBATION (1) year; fine in the amount of $15,000.00; Special assessment of $400.00. - Preliminary Order of Forfeiture entered on 9/26/2005. **AMENDED JUDGMENT** see pages 3 and 4 as to the fine. Signed by Judge Terrence W. Boyle on 6/26/2006. (Deputy Clerk, LR) (Entered: 07/06/2006)
07/27/200612 MOTION TO TERMINATE PROBATION by Lake Wheeler Grocery & Hardware, Inc.. (Manning, Thomas) (Entered: 07/27/2006)
08/02/2006  Contacted AUSA Jay Exum as to the motion to terminate probation as to Lake Wheeler Grocery & Hardware, Inc.; the Govt has no objections to the motion and unless requested by the court, no written response will be filed. Motion will be submitted. (Deputy Clerk, LR) (Entered: 08/02/2006)
08/02/2006  Motion Submission to Judge Boyle as to Lake Wheeler Grocery & Hardware, Inc. re 12 MOTION TO TERMINATE PROBATION. (Deputy Clerk, LR) (Entered: 08/02/2006)
08/25/200613ORDER granting 12 Motion to terminate probation as to Lake Wheeler Grocery & Hardware, Inc. (1). Signed by Judge Terrence W. Boyle on 8/24/2006. (Deputy Clerk - LR, ) (Entered: 08/25/2006)
04/18/200714USM Return of Service on of publication executed as to the News and Observer on 4/12/07 (Deputy Clerk - JJ, ) (Entered: 04/18/2007)
06/19/200715NOTICE of Publication (West, Stephen) (Entered: 06/19/2007)
06/19/200716USM Return of Service on Order of Forfeiture executed as to Lake Wheeler Grocery & Hardware, Inc. on 6/18/07 (Deputy Clerk - JJ, ) (Entered: 06/19/2007)
08/08/200717 MOTION for Forfeiture of Property for Final Order of Forfeiture by USA as to Lake Wheeler Grocery & Hardware, Inc.. (Attachments: # 1 Text of Proposed Order Final Order of Forfeiture) (West, Stephen) (Entered: 08/08/2007)
08/09/2007  Motion Submission to Judge Boyle as to Lake Wheeler Grocery & Hardware, Inc. re 17 MOTION for Forfeiture of Property for Final Order of Forfeiture. (Deputy Clerk - LR) (Entered: 08/09/2007)
08/14/200718FINAL ORDER OF FORFEITURE granting 17 Motion for Forfeiture of Property as to Lake Wheeler Grocery & Hardware, Inc. (1). It is hereby ORDERED, ADJUDGED, and DECREED that 1. the property listed in the September 26, 2005 Preliminary Order of Forfeiture is hereby forfeited to the United States. That the United States Department of Justice is directed to dispose of the currency and property according to law, including destruction. 2. that any and all forfeited funds shall be deposited by the United States Department of Justice as soon as located or recovered into the Department of Justice's Asset forfeiture Fund in accordance with 28 U.S.C. §524(c) and 21 U.S.C. §881(e).Signed by Judge Terrence W. Boyle on 8/13/07. (Deputy Clerk - BRB, ) (Entered: 08/14/2007)
08/29/200719USM Return of Service on Final Order executed as to $3,423.00 in U.S. Currency on 8/27/07 (Deputy Clerk - JJ, ) (Entered: 08/30/2007)
08/29/200720USM Return of Service on Final Order executed as to Video poker machines on 8/27/07 (Deputy Clerk - JJ, ) (Entered: 08/30/2007)