CLOSED

U.S. District Court
Northern District of Mississippi (Greenville Division)
CRIMINAL DOCKET FOR CASE #: 4:06-cr-00104-WAP-DAS-3


Case title: USA v. Berry et al

Date Filed: 06/26/2006
Date Terminated: 07/23/2008

Assigned to: W. Allen Pepper
Referred to: David A. Sanders

Defendant (3)
RehabSource, Inc.
TERMINATED: 07/23/2008
represented byEdward Blackmon , Jr
BLACKMON & BLACKMON
P O Drawer 105
Canton, MS 39046-0105
(601) 859-1567
Email: edblackmon@blackmonlawfirm.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
PUBLIC MONEY, PROPERTY OR RECORDS
(1s)
SPECIAL ASSESSMENT: $400.00; RESTITUTION: 458,237
CRIMINAL FORFEITURE
(28)
FINAL ORDER OF FORFEITURE

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
FALSE STATEMENTS RELATING TO HEALTH CARE MATTERS
(15-16)
DISMISSED

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
None


Plaintiff
USA represented byCurtis Ivy , Jr.
U.S. ATTORNEY'S OFFICE
900 Jefferson Avenue
Oxford, MS 38655-3608
(662) 234-3351
Email: curtis.ivy@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Ralph M. Dean
U.S. ATTORNEY'S OFFICE
900 Jefferson Avenue
Oxford, MS 38655-3608
(662) 234-3351
Email: ralph.dean@usdoj.gov
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
06/22/2006SEALED INDICTMENT as to Jennifer Yvonne Berry (1) count(s) 1, 2-12, 13-14, 15-16, 17-26, 28, Johnnie Lee Winfield (2) count(s) 1, 2-12, 15-16, 17-26, 27, 28, RehabSource, Inc. (3) count(s) 15-16, 28. (Attachments: # 1 Notice of Penalities; # 2 Criminal Cover Sheet - Berry; # 3 Criminal Cover Sheet - Winfield; # 4 Criminal Cover Sheet - RehabSource) (sta, USDC) (Entered: 06/26/2006)
06/23/2006Arrest Warrant Issued by Clerk in case as to RehabSource, Inc.. (sta, USDC) (Entered: 06/26/2006)
07/14/2006Minute Entry for proceedings held before Judge Eugene M. Bogen: Initial Appearance as to Jennifer Yvonne Berry, RehabSource, Inc. held on 7/14/2006. Arraignment as to Jennifer Yvonne Berry (1) Count 1,2-12,13-14,15-16,17-26,28 and RehabSource, Inc. (3) Count 15-16,28 held on 7/14/2006. Defendant plead not guilty. (Tape #1.) (Attachments: # 1 Tape) (bdm, USDC)
08/10/200618 SCHEDULING ORDER as to Jennifer Yvonne Berry, Johnnie Lee Winfield, RehabSource, Inc. Discovery due by 8/30/2006. Motions due by 9/11/2006. Plea Agreement due by 9/18/2006. MVD/Jury Trial set for 10/2/2006, 9:00 AM in Greenville Courtroom 1 before W. Allen Pepper. Signed by Judge Eugene M. Bogen on 8/10/06. (bdm, USDC)
08/18/200619 NOTICE OF TRIAL as to Jennifer Yvonne Berry, Johnnie Lee Winfield, RehabSource, Inc. - MVD/Jury Trial set for 10/2/2006 09:00 AM in Greenville Courtroom 1 before W. Allen Pepper. (Attachments: # 1 NOTICE)(swf, USDC)
08/25/200624 NOTICE OF TRIAL as to Jennifer Yvonne Berry, Johnnie Lee Winfield, RehabSource, Inc. MVD/Jury Trial RE-set for 12/4/2006 09:00 AM in Greenville Courtroom 1 before W. Allen Pepper. (swf, USDC)
08/25/200625 NOTICE OF ATTORNEY APPEARANCE: Edward Blackmon, Jr appearing for Jennifer Yvonne Berry, RehabSource, Inc. (Blackmon, Edward)
11/01/200629 NOTICE OF TRIAL as to Jennifer Yvonne Berry, Johnnie Lee Winfield, RehabSource, Inc. - MVD/Jury Trial RE-set for 3/19/2007 09:00 AM in Greenville Courtroom 1 before W. Allen Pepper. (Attachments: # 1 NOTICE)(swf, USDC)
12/15/200630 First MOTION in Limine To Exclude Improper Argument & Inadmissible Evidence by USA as to Jennifer Yvonne Berry, Johnnie Lee Winfield, RehabSource, Inc.. (Ivy, Curtis)
12/15/200631 First MOTION for Protective Order to Disclose Protected Materials by USA as to Jennifer Yvonne Berry, Johnnie Lee Winfield, RehabSource, Inc.. (Ivy, Curtis)
12/19/200632 ORDER granting 31 United States' Motion for Protective Order re confidentiality of discoverable material as to all defendants -- Jennifer Yvonne Berry (1), Johnnie Lee Winfield (2), and RehabSource, Inc. (3). Signed by Judge Eugene M. Bogen on 12/15/2006. (maw, USDC)
01/16/200737 NOTICE OF TRIAL as to Jennifer Yvonne Berry, Johnnie Lee Winfield, RehabSource, Inc. - MVD/Jury Trial RE-set for 5/21/2007 09:00 AM in Greenville Courtroom 1 before W. Allen Pepper. (Attachments: # 1 NOTICE)(swf, USDC)
01/31/200738 ORDER granting in part and denying in part 30 Motion in Limine to Exclude Improper Argument and Inadmissible Evidence. Signed by Judge W. Allen Pepper, Jr. on 1/30/2007. (pbs, USDC)
04/10/200757 NOTICE OF TRIAL as to Jennifer Yvonne Berry, Johnnie Lee Winfield, RehabSource, Inc. - MVD/Jury Trial RE-set for 8/6/2007 09:00 AM in Greenville Courtroom 1 before W. Allen Pepper. (Attachments: # 1 NOTICE)(swf, USDC)
06/26/200763 ORDER TO CONTINUE - Ends of Justice as to Jennifer Yvonne Berry, Johnnie Lee Winfield, RehabSource, Inc. Time excluded from 8/6/2007 until 10/1/2007. Motions terminated as to Jennifer Yvonne Berry, Johnnie Lee Winfield, RehabSource, Inc.: 61 Second MOTION to Continue Trial Setting filed by Johnnie Lee Winfield. Motions due by 9/10/2007. Plea Agreement due by 9/17/2007. MVD/Jury Trial set for 10/1/2007 9:00 AM in Greenville Courtroom 1 before W. Allen Pepper, Jr. Signed by Judge W. Allen Pepper, Jr. on 6/25/2007. (pbs, USDC)
06/26/200764 NOTICE OF TRIAL as to Jennifer Yvonne Berry, Johnnie Lee Winfield, RehabSource, Inc. MVD/Jury Trial RE-set for 10/1/2007 09:00 AM in Greenville Courtroom 1 before W. Allen Pepper. (Attachments: # 1 NOTICE)(swf, USDC)
07/30/200768 ORDER TO CONTINUE - Ends of Justice as to Jennifer Yvonne Berry, Johnnie Lee Winfield, RehabSource, Inc. Time excluded from 10/01/2007 until 11/05/2007. Motion terminated: 65 MOTION to Continue Trial. Motions due by 10/15/2007. Plea Agreement due by 10/22/2007. MVD/Jury Trial set for 11/5/2007 9:00 AM in Greenville Courtroom 1 before W. Allen Pepper, Jr. Signed by Judge W. Allen Pepper, Jr. on 7/30/2007. (pbs, USDC)
07/30/200769 NOTICE OF TRIAL as to Jennifer Yvonne Berry, Johnnie Lee Winfield, RehabSource, Inc. - MVD/Jury Trial RE-set for 11/5/2007 09:00 AM in Greenville Courtroom 1 before W. Allen Pepper. (Attachments: # 1 NOTICE)(swf, USDC)
08/08/200771 RESPONSE to Motion by Johnnie Lee Winfield as to Jennifer Yvonne Berry, Johnnie Lee Winfield, RehabSource, Inc. re 66 MOTION Use Extrinsic Evidence (Coghlan, Kenneth)
09/10/200772 ORDER granting 66 Motion To Use Extrinsic Evidence as to Jennifer Yvonne Berry (1). Signed by Judge W. Allen Pepper, Jr. on 9/10/2007. (pbs, USDC)
10/09/200773  MOTION by USA as to Jennifer Yvonne Berry, Johnnie Lee Winfield, RehabSource, Inc.. (Attachments: # 1 Exhibit A) (Ivy, Curtis)
10/26/200777 ORDER granting 73 Motion as to Jennifer Yvonne Berry (1), Johnnie Lee Winfield (2), RehabSource, Inc. (3) re: Summary Chart. Signed by Judge W. Allen Pepper on 10/26/07. (pwh, USDC)
11/02/200782  MOTION for Joinder to ECF Doc. No. 79 Motion to Enforce Subpoenas and to Cmpel Immunity by Johnnie Lee Winfield by Jennifer Yvonne Berry as to Jennifer Yvonne Berry, RehabSource, Inc.. (Blackmon, Edward)
11/05/200784 Minute Entry for proceedings held before Judge W. Allen Pepper :Voir Dire begun on 11/5/2007 Jennifer Yvonne Berry (1) on Count 1,2-12,13-14,15-16,17-26,28 and Johnnie Lee Winfield (2) on Count 1,2-12,15-16,17-26,27,28 and RehabSource, Inc. (3) on Count 15-16,28 (Court Reporter Nina Horne.) (swf)
11/05/2007  Jury Impaneled as to Jennifer Yvonne Berry, Johnnie Lee Winfield, RehabSource, Inc. (swf)
11/06/200785 Minute Entry for proceedings held before Judge W. Allen Pepper :Jury Trial as to Jennifer Yvonne Berry, Johnnie Lee Winfield, RehabSource, Inc. held on 11/6/2007 (Court Reporter Nina Horne.) (swf)
11/06/200786 NOTICE OF CORRECTION OF MINUTES (Doc 85) FOR NOV. 6, 2007 as to Jennifer Yvonne Berry, Johnnie Lee Winfield, RehabSource, Inc. (swf, USDC)
11/07/200788 Minute Entry for proceedings held before Judge W. Allen Pepper :Jury Trial as to Jennifer Yvonne Berry, Johnnie Lee Winfield, RehabSource, Inc. held on 11/7/2007 (Court Reporter Nina Horne.) (swf)
11/08/200789 Minute Entry for proceedings held before Judge W. Allen Pepper :Jury Trial as to Jennifer Yvonne Berry, Johnnie Lee Winfield, RehabSource, Inc. held on 11/8/2007 (Court Reporter Nina Horne.) (swf)
11/09/200791 Minute Entry for proceedings held before Judge W. Allen Pepper :Jury Trial as to Jennifer Yvonne Berry, Johnnie Lee Winfield, RehabSource, Inc. held on 11/9/2007 (Court Reporter Nina Horne.) (swf)
11/13/200794 Minute Entry for proceedings held before Judge W. Allen Pepper :Jury Trial as to Jennifer Yvonne Berry, RehabSource, Inc. held on 11/13/2007 (Court Reporter Nina Horne.) (swf)
11/13/2007100 PLEA AGREEMENT as to RehabSource, Inc. (swf) (Entered: 11/14/2007)
11/13/2007101 WAIVER OF INDICTMENT by RehabSource, Inc. (swf) (Entered: 11/14/2007)
11/13/2007102 INFORMATION with penalties as to RehabSource, Inc. (3) count(s) 1s. (swf) (Entered: 11/14/2007)
11/13/2007103 Minute Entry for proceedings held before Judge W. Allen Pepper :Waiver of Indictment Hearing as to RehabSource, Inc. held on 11/13/2007. (Court Reporter Nine Horne.) (swf) (Entered: 11/14/2007)
11/14/200799 Minute Entry for proceedings held before Judge W. Allen Pepper :Jury Trial as to Jennifer Yvonne Berry, RehabSource, Inc. held on 11/14/2007 (Court Reporter Nina Horne.) (swf)
11/14/2007104 WITNESS LIST by Jennifer Yvonne Berry, Johnnie Lee Winfield, RehabSource, Inc. (swf)
11/14/2007105 Jury Notes as to Jennifer Yvonne Berry, Johnnie Lee Winfield, RehabSource, Inc. (swf)
11/14/2007106 EXHIBIT LIST by Government and Defendants Jennifer Yvonne Berry, Johnnie Lee Winfield, RehabSource, Inc. (swf)
11/14/2007108 RECEIPT FOR RETURNED EXHIBITS with attachments as to Jennifer Yvonne Berry, Johnnie Lee Winfield, RehabSource, Inc. (swf)
12/20/2007114 FINAL ORDER OF FORFEITURE as to RehabSource, Inc. Signed by Judge W. Allen Pepper on 12/20/07. (sta, USDC)
01/10/2008118 NOTICE OF HEARING as to RehabSource, Inc. - Sentencing set for 3/12/2008 10:30 AM in Greenville Courtroom 1 before W. Allen Pepper. (Attachments: # 1 NOTICE# 2 NOTICE)(swf, USDC)
01/30/2008121 OBJECTION by RehabSource, Inc. to Pre-Sentence Report on Behalf of Defendant, Rehabsource, Inc. (Blackmon, Edward)
02/28/2008122  MOTION to Continue Sentencing by Jennifer Yvonne Berry, RehabSource, Inc.. (Attachments: # 1 Exhibit "A" Correspondence from Dr. Laurie S. Swaim, M.D.) (Blackmon, Edward)
03/06/2008123 ORDER granting 122 Motion to Continue Sentencing as to Jennifer Yvonne Berry (1) and RehabSource, Inc. (3). Sentencing continued until further order of the Court. Signed by Judge W. Allen Pepper, Jr. on 3/06/2008. (pbs, USDC)
04/14/2008  TRANSCRIPT of Waiving Indictment, Filing of Information and Taking of Plea Proceedings as to RehabSource, Inc. held on 11/13/2007 before Judge W. Allen Pepper, Jr. Court Reporter: Nina N. Horne. (rcm) (Entered: 04/15/2008)
04/30/2008132 NOTICE OF HEARING as to RehabSource, Inc. - Sentencing set for Friday, 6/20/2008 11:30 AM in Greenville Courtroom 1 before W. Allen Pepper. (Attachments: # 1 NOTICE)(swf, USDC)
05/14/2008134 NOTICE OF HEARING as to RehabSource, Inc. - Sentencing RE-set for Monday, 7/21/2008 11:30 AM in Greenville Courtroom 1 before W. Allen Pepper. (Attachments: # 1 NOTICE)(swf, USDC)
06/26/2008137 NOTICE OF HEARING as to RehabSource, Inc. - Sentencing RE-set for WEDNESDAY, 7/16/2008 11:30 AM in Greenville Courtroom 1 before W. Allen Pepper. (swf, USDC)
07/08/2008  Case as to Jennifer Yvonne Berry, Johnnie Lee Winfield, RehabSource, Inc. Reassigned to David A. Sanders. Eugene M. Bogen no longer assigned to the case. (sta, USDC)
07/16/2008139 Minute Entry for proceedings held before W. Allen Pepper:Sentencing as to RehabSource, Inc. held on 7/16/2008. (Court Reporter Susan Alford.) (swf)
07/18/2008141 NOTICE OF CORRECTION - CORRECTING Doc 139 - MINUTES of sentencing held on 7/16/08 as to RehabSource, Inc. (swf, USDC)
07/23/2008144 JUDGMENT as to RehabSource, Inc. (3), Count(s) 15-16, DISMISSED; Count(s) 1s, SPECIAL ASSESSMENT: $400.00; RESTITUTION: 458,237; Count(s) 28, FINAL ORDER OF FORFEITURE. Signed by W. Allen Pepper on 07/18/08. (sta, USDC) (Entered: 08/12/2008)
09/30/2009147 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of proceedings as to RehabSource, Inc. held on 7/16/08 Sentencing before Judge W. Allen Pepper, Jr.. Court Reporter/Transcriber Susan L. Alford, Telephone number (662) 801-3366.

NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The Policy is located on our website at www.msnd.uscourts.gov.

Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/19/2009. Redacted Transcript Deadline set for 10/28/2009. Release of Transcript Restriction set for 12/28/2009. (rtc)