CLOSED, LRA

U.S. District Court
Southern District of Mississippi (Jackson)
CRIMINAL DOCKET FOR CASE #: 3:09-cr-00063-WHB-LRA All Defendants


Case title: USA v. Mt. Fuji Restaurants, Inc. et al

Date Filed: 08/11/2009
Date Terminated: 12/17/2009

Assigned to: District Judge William H. Barbour, Jr
Referred to: Magistrate Judge Linda R. Anderson

Defendant (1)
Mt. Fuji Restaurants, Inc.
TERMINATED: 12/01/2009
doing business as
Stix Restaurant
TERMINATED: 12/01/2009
represented byDewitt L. Fortenberry , Jr.
Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C.
P. O. Box 14167
Jackson, MS 39236
601-351-2400
Fax: 601-351-2424
Email: rfortenberry@bakerdonelson.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
BRINGING IN AND HARBORING ALIENS
(1)
Defendant sentenced to 2 years probation and is to implement and comply with the Immigration Compliance Program.

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None

Assigned to: District Judge William H. Barbour, Jr
Referred to: Magistrate Judge Linda R. Anderson

Defendant (2)
Flowood Partners, LLC
TERMINATED: 12/17/2009
represented byDewitt L. Fortenberry , Jr.
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
BRINGING IN AND HARBORING ALIENS
(1)
Defendant sentenced to 2 years probation, $400 special assessment and is to implement and comply with the Immigration Compliance Program.

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None


Interested Party
Probation Jackson


Interested Party
Probation Officer Chris Whitver


Plaintiff
USA represented byDavid Michael Hurst , Jr.
U. S. ATTORNEY'S OFFICE - Jackson
501 East Court Street
Suite 4.430
Jackson, MS 39201
601/973-2880
Fax: 601/965-4409
Email: mike.hurst@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
08/11/2009INFORMATION - FELONY as to Mt. Fuji Restaurants, Inc. (1) count(s) 1, Flowood Partners, LLC (2) count(s) 1. (Attachments: # 1 Criminal Cover Sheet Mt. Fuji, # 2 Criminal Cover Sheet Flowood) (cwl) (Entered: 08/11/2009)
08/11/2009Praecipe for Summons by USA as to Mt. Fuji Restaurants, Inc. (cwl) (Entered: 08/11/2009)
08/11/2009Praecipe for Summons by USA as to Flowood Partners, LLC (cwl) (Entered: 08/11/2009)
08/11/2009Corrected Praecipe for Summons by USA as to Mt. Fuji Restaurants, Inc. (cwl) (Entered: 08/11/2009)
08/11/2009Corrected Praecipe for Summons by USA as to Flowood Partners, LLC (cwl) (Entered: 08/11/2009)
08/13/2009  Set/Reset Hearings as to Mt. Fuji Restaurants, Inc., Flowood Partners, LLC: Arraignment/Initial Appearance/Change of Plea Hearing set for 8/26/2009 01:30 PM before District Judge William H. Barbour Jr. (Lewis, Nijah) (Entered: 08/13/2009)
08/27/2009  Attorney update in case as to Mt. Fuji Restaurants, Inc., Flowood Partners, LLC. Attorney Dewitt L. Fortenberry, Jr for Mt. Fuji Restaurants, Inc. and Flowood Partners, LLC added., Set/Reset Hearings as to Mt. Fuji Restaurants, Inc., Flowood Partners, LLC:( Arraignment set for 8/27/2009 03:30 PM before District Judge William H. Barbour Jr., Change of Plea Hearing set for 8/27/2009 03:30 PM before District Judge William H. Barbour Jr., Initial Appearance set for 8/27/2009 03:30 PM before District Judge William H. Barbour Jr. ) (Lewis, Nijah) (Entered: 08/27/2009)
08/27/2009  Minute Entry for proceedings held before District Judge William H. Barbour, Jr:Arraignment/Initial Appearance and Change of Plea Hearing as to Mt. Fuji Restaurants, Inc., Flowood Partners, LLC held on 8/27/2009. MOU and guilty plea accepted by David Chen who is the corporate representative for both corporations. (Court Reporter Nancy Binder) (Lewis, Nijah) (Entered: 08/28/2009)
08/27/2009  Minute Entry for proceedings held before District Judge William H. Barbour, Jr:Plea entered by Mt. Fuji Restaurants, Inc. (1) Guilty Count 1 and Flowood Partners, LLC (2) Guilty Count 1., ( Sentencing set for 11/19/2009 01:00 PM before District Judge William H. Barbour Jr. ) (Court Reporter Nancy Binder) (Lewis, Nijah) (Entered: 08/28/2009)
08/28/200910 WAIVER OF INDICTMENT by Flowood Partners, LLC (Lewis, Nijah) (Entered: 08/28/2009)
08/28/200911 WAIVER OF INDICTMENT by Mt. Fuji Restaurants, Inc. (Lewis, Nijah) (Entered: 08/28/2009)
08/28/200914 COURT'S EXHIBIT LIST to plea hearing held on 8/27/09 as to Mt. Fuji Restaurants, Inc., Flowood Partners, LLC. (cwl) (Entered: 09/03/2009)
08/28/200916 EXHIBITS: C-1 and C-2 to plea hearing held on 8.27/09 by Mt. Fuji Restaurants, Inc., Flowood Partners, LLC. (cwl) (cwl). Modified on 10/19/2009 (cwl). (Entered: 09/03/2009)
09/28/2009  Summons Returned Executed on 8/26/09 as to Flowood Partners, LLC (cwl) (Entered: 09/29/2009)
09/28/200915 Summons Returned Executed on 8/26/09 as to Mt. Fuji Restaurants, Inc. (cwl) (Entered: 09/29/2009)
11/19/2009  Minute Entry for proceedings held before District Judge William H. Barbour, Jr:Sentencing held on 11/19/2009 for Mt. Fuji Restaurants, Inc. (1), Count(s) 1, Defendant sentenced to 2 years probation and is to implement and comply with the Immigration Compliance Program.; Flowood Partners, LLC (2), Count(s) 1, Defendant sentenced to 2 years probation and is to implement and comply with the Immigration Compliance Program. Each Defendant is ordered to pay a special assessment fee of $400.00. (Court Reporter Cherie Bond) (Lewis, Nijah) Modified on 11/19/2009 (Lewis, Nijah). Modified on 11/19/2009 (Lewis, Nijah). (Entered: 11/19/2009)
11/24/200917 Agreed Preliminary ORDER of Forfeiture as to Mt. Fuji Restaurants, Inc.. Signed by District Judge William H. Barbour, Jr on 11-19-09 (Lewis, Nijah) (Entered: 11/24/2009)
11/24/200918 Agreed Preliminary ORDER of Forfeiture as to Flowood Partners, LLC. Signed by District Judge William H. Barbour, Jr on 11-19-09 (Lewis, Nijah) (Entered: 11/24/2009)
11/30/200919 PRESENTENCE INVESTIGATION REPORT (Sealed) as to Flowood Partners, LLC (Attachments: # 1 notice and defendant's obj., # 2 addendum)(Lewis, Nijah) (Entered: 11/30/2009)
11/30/200920 PRESENTENCE INVESTIGATION REPORT (Sealed) as to Mt. Fuji Restaurants, Inc. (Attachments: # 1 addendum, # 2 notice and objection letter)(Lewis, Nijah) (Entered: 11/30/2009)
12/01/200921 JUDGMENT as to Mt. Fuji Restaurants, Inc. (1), Count(s) 1, Defendant sentenced to 2 years probation and is to implement and comply with the Immigration Compliance Program.. Signed by District Judge William H. Barbour, Jr on 12/1/09 (cwl) (Entered: 12/01/2009)
12/17/200922 JUDGMENT as to Flowood Partners, LLC (2), Count(s) 1, Defendant sentenced to 2 years probation, $400 special assessment and is to implement and comply with the Immigration Compliance Program.. Signed by District Judge William H. Barbour, Jr on 12/16/09 (SEC) (Entered: 12/23/2009)
01/04/201023 SERVICE by Publication filed by USA. as to Mt. Fuji Restaurants, Inc., Flowood Partners, LLC. Last publication date 12/30/2009. (Gilbert, Jason) (Entered: 01/04/2010)
02/08/201024  MOTION for Forfeiture of Property by David Michael Hurst, Jr as to Mt. Fuji Restaurants, Inc., Flowood Partners, LLC (Hurst, David) (Entered: 02/08/2010)
02/10/201025 ORDER granting 24 Motion for Forfeiture of Property as to Mt. Fuji Restaurants, Inc. (1). Signed by District Judge William H. Barbour, Jr on 2/10/2010 (Lewis, Nijah) (Entered: 02/10/2010)