CLOSED

U.S. District Court
Eastern District of Virginia - (Norfolk)
CRIMINAL DOCKET FOR CASE #: 2:01-cr-00027-RBS All Defendants


Case title: USA v. Horton, et al

Date Filed: 02/23/2001
Date Terminated: 04/22/2005

Assigned to: District Judge Rebecca Beach Smith

Defendant (1)
Robert Earl Horton
TERMINATED: 04/22/2005
represented byI. Lionel Hancock , III
Bohannon, Bohannon & Hancock
4101 Granby St
Suite 202
Norfolk, VA 23504
(757) 623-5450
Fax: (757) 623-5451
TERMINATED: 04/22/2005
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
18:286 (18:287.F) CONSPIRACY TO OBTAIN PAYMENT BY FILING FALSE OR FRAUDULENT CLAIMS (DATE OF OFFENSE: DECEMBER 1997)
(1)
3 YEARS PROBATION; $12,277.52 RESTITITUION; $100.00 SPECIAL ASSESSMENT
18:1001 & 2 (18:1001.F) WILLFULLY AIDED, ABETTED & MADE FALSE PRESENTATIONS BY SUBMITTING AN ALTERED INVOICE (DATE OF OFFENSE: JULY 12, 1996)
(2)
3 YEARS PROBATION - TO RUN CONCURRENTLY WITH COUNTS 1, 3-6; $12,277.52 RESTITUTION; $100.00 SPECIAL ASSESSMENT
18:287 & 2 (18:287.F) AIDED & ABETTED, MADE & PRESENTED FALSE CLAIMS FOR PAYMENT
(3)
3 YEARS PROBATION; $12,277.52 RESTITUTION; $100.00 SPECIAL ASSESSMENT
18:287 & 2 (18:287.F) AIDED & ABETTED, MADE & PRESENTED FALSE CLAIMS FOR PAYMENT
(4)
3 YEARS PROBATION - TO RUN CONCURRENTLY WITH COUNTS 1-3,5-6; $12,277.52 RESTITUTION; $100.00 SPECIAL ASSESSMENT
18:1001(a)(2)&2 (18:1001.F) AIDED, ABETTED & MADE FALSE REPRESENTATIONS BY SUBMITTING AN ALTERED INVOICE (DATE OF OFFENSE: 3/6/97)
(5)
3 YEARS PROBATION - TO RUN CONCURRENTLY WITH COUNTS 1-4,6; $12,277.52 RESTITUTION; $100.00 SPECIAL ASSESSMENT
18:287 & 2 (18:287.F) AIDED & ABETTED, MADE & PRESENTED FALSE CLAIMS FOR PAYMENT
(6)
3 YEARS PROBATION - TO RUN CONCURRENTLY WITH COUNTS 1-5; $12,277.52 RESTITUTION; $100.00 SPECIAL ASSESSMENT

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None

Assigned to: District Judge Rebecca Beach Smith

Defendant (2)
Robert's Auto Parts & Body Shop, Inc.
TERMINATED: 09/17/2001
represented byI. Lionel Hancock , III
(See above for address)
TERMINATED: 09/17/2001
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
18:286 (18:287.F) CONSPIRACY TO OBTAIN PAYMENT BY FILING FALSE OR FRAUDULENT CLAIMS (DATE OF OFFENSE: DECEMBER 1997)
(1)
3 YEARS PROBATION; $3,000.00 FINE; $12,277.52 RESTITUTION; $400 SPECIAL ASSESSMENT
18:1001 & 2 (18:1001.F) WILLFULLY, AIDED, ABETTED & MADE FALSE REPRESENTATION BY SUBMITTING AN ALTERED INVOICE (DATE OF OFFENSE: JULY 12, 1996)
(2)
3 YEARS PROBATION - TO BE SERVED CONCURRENTLY WITH COUNTS 1,3-6; $3,000.00 FINE; $12,277.52 RESTITUTION; $400.00 SPECIAL ASSESSMENT
18:287 & 2 (18:287.F) AIDED & ABETTED, MADE & PRESENTED FALSE CLAIMS FOR PAYMENT
(3)
3 YEARS PROBATION - TO BE SERVED CONCURRENTLY WITH COUNTS 1-2,4-6; $3,000.00 FINE; $12,277.52 RESTITUTION; $400 SPECIAL ASSESSMENT
18:287 & 2 (18:287.F) AIDED & ABETTED, MADE & PRESENTED FALSE CLAIMS FOR PAYMENT
(4)
3 YEARS PROBATION - TO BE SERVED CONCURRENTLY WITH COUNTS 1-3,5-6; $3,000.00 FINE; $12,277.52 RESTITUTION; $400 SPECIAL ASSESSMENT
18:1001(a)(2) & 2 (18:1001.F) AIDED, ABETTED & MADE FALSE REPRESENTATIONS BY SUBMITTING AN ALTERED INVOICE. (DATE OF OFFENSE: MARCH 6, 1997)
(5)
3 YEARS PROBATION - TO BE SERVED CONCURRENTLY WITH COUNTS 1-4,6; $3,000.00 FINE; $12,277.52 RESTITUTION; $400.00 SPECIAL ASSESSMENT
18:287 & 2 (18:287.F) AIDED & ABETTED, MADE & PRESENTED FALSE CLAIMS FOR PAYMENT
(6)
3 YEARS PROBATION - TO BE SERVED CONCURRENTLY WITH COUNTS 1-5; $3,000.00 FINE; $12,277.52 RESTITUTION; $400.00 FINE

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None


Plaintiff
USA
TERMINATED: 02/23/2001
represented byMelissa R. Sternlicht
United States Attorney's Office
101 W Main St
Suite 8000
Norfolk, VA 23510
**NA*
(757) 441-6331
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
02/23/2001INDICTMENT as to Robert Earl Horton (1) count(s) 1, 2, 3-4, 5, 6, returned and filed in Open Court. On motion of Govt. Court directed a summons to issue. (nlyt) (Entered: 02/26/2001)
02/23/2001  SUMMONS issued and del to USM for Robert Earl Horton. Arraignment set for 9:00 a.m. on 3/7/01. (nlyt) (Entered: 02/26/2001)
02/23/2001INDICTMENT as to Robert's Auto Parts (2) count(s) 1, 2, 3-4, 5, 6 (nlyt) (Entered: 02/26/2001)
02/23/2001  SUMMONS issued and del to USM for Robert's Auto Parts and Body Shop, Inc. Arraignment set for 9:00 a.m. on 3/7/01 (nlyt) (Entered: 02/26/2001)
02/28/2001SUMMONS Returned Executed as to Robert Earl Horton , filed. (nlyt) (Entered: 02/28/2001)
02/28/2001SUMMONS Returned Executed as to Robert's Auto Parts , filed. (nlyt) (Entered: 02/28/2001)
03/07/2001Unsecured BOND entered by Robert Earl Horton in Amount $10,000.00, filed. (nlyt) (Entered: 03/07/2001)
03/07/2001ORDER Setting Conditions of Release as to Robert Earl Horton ent and filed. ( Signed by Magistrate Judge F. B. Stillman ) Copies Mailed: yes (nlyt) (Entered: 03/08/2001)
03/07/2001  Initial appearance as to Robert's Auto Parts held before Magistrate Judge F. B. Stillman (Sharon Borden, OCR). USA appeared through: Ian Thornhill, AUSA. Dft. present appeared through: Lionel Hancock, ret. (Defendant informed of rights.) (popo) (Entered: 09/17/2001)
03/07/2001  Arraignment as to Robert's Auto Parts held after initial appearance before Magistrate Judge F. Bradford Stillman. Dft. waived formal arraignment. Dft. plead not guilty. Jury demanded. Motion Filings due 3/19/01 for Robert's Auto Parts; Government's Response to Motions due 3/30/01 for USA; Jury Trial set for 10:00 on 5/8/01 for Robert's Auto Parts. Court stated that dft. must be present at prel. hearings unless he exec. & files waiver of appearance form. (Court hours: 9:00-9:15 (.3) (popo) (Entered: 09/17/2001)
03/07/2001  Initial appearance as to Robert Earl Horton held before Magistrate Judge F. B. Stillman ( Sharon Borden, O.C.R.) USA appeared through: Ian Thornhill, AUSA. Dft appeared through: Lionel Hancok, Esq., ret. (Defendant informed of rights.) (nlyt) (Entered: 09/17/2001)
03/07/2001  Arraignment as to Robert Earl Horton held after initial appearance before Magistrate Judge F. Bradford Stillman. Deft waived formal arraignment. Deft plead not guilty. Jury demanded. Motion Filings due 3/19/01 for Robert Earl Horton; Government's Response to Motions due 3/30/01 for USA; Jury Trial set for 10:00 5/8/01 for Robert Earl Horton. Court stated that dedt must be present at prel. hearings unless he exc. & files waive of appearance form. Court Hours: .3 (nlyt) (Entered: 09/17/2001)
03/16/2001MOTION #1 by Robert Earl Horton for Discovery, Production, and Inspection , filed. (nlyt) Modified on 03/19/2001 (Entered: 03/19/2001)
03/16/2001MOTION #2 by Robert Earl Horton for Disclosure of 404(b) Evidence , filed. (nlyt) Modified on 03/21/2001 (Entered: 03/19/2001)
03/16/2001MOTION #3 with Memorandum in Support by Robert Earl Horton for Early Disclosure of Jencks Material , filed. (nlyt) Modified on 03/21/2001 (Entered: 03/19/2001)
03/16/2001MOTION #4 by Robert Earl Horton Requiring Government to Admit or Deny Use of Electronic Surveillance , filed. (nlyt) Modified on 03/21/2001 (Entered: 03/19/2001)
03/16/2001MOTION #5 by Robert Earl Horton To Interview Government Informants , filed. (nlyt) Modified on 03/19/2001 (Entered: 03/19/2001)
03/16/200110 MOTION #6 by Robert Earl Horton for Bill of Particulars , filed. (nlyt) (Entered: 03/19/2001)
03/16/200111 MOTION #7 by Robert Earl Horton to Order the Government to Disclose to the Defense whether or not it intends to Utilize Witnesses or other evidence to establish bad acts , filed. (nlyt) Modified on 03/21/2001 (Entered: 03/19/2001)
03/16/200112 MOTION #8 by Robert Earl Horton for Leave to File Additional Motions as they become Appropriate , filed. (nlyt) Modified on 03/21/2001 (Entered: 03/19/2001)
03/16/200113 MOTION #10 by Robert Earl Horton for Disclosure of Identity of Confidential Informants , filed. (nlyt) Modified on 03/21/2001 (Entered: 03/19/2001)
03/16/200114 MOTION #9 by Robert Earl Horton For Expanded Peremptory Challenges Pursuant to Local Rule 9(D) , filed. (nlyt) Modified on 03/21/2001 (Entered: 03/19/2001)
03/19/200115 GOVERNMENT REQUEST as to Robert Earl Horton For Discovery and Inspection, filed. (nlyt) Modified on 03/21/2001 (Entered: 03/20/2001)
03/22/200116 ORDER changing Trial Date from May 8, 2001 to May 10, 2001 as to Robert Earl Horton, ent and filed. ( Signed by Magistrate Judge F. B. Stillman ) Copies Mailed: yes (nlyt) (Entered: 03/22/2001)
03/22/2001  Jury trial proceedings as to Robert Earl Horton reset for 10:00 am on 5/10/01 for Robert Earl Horton and for Robert's Auto Parts. (nlyt) (Entered: 03/22/2001)
03/29/200117 RESPONSE by USA as to Robert Earl Horton re [11-1] motion to Order the Government to Disclose to the Defense whether or not it intends to Utilize Witnesses or other evidence to establish bad acts, and [6-1] motion for Disclosure of 404(b) Evidence, filed. (nlyt) (Entered: 03/29/2001)
03/29/200118 RESPONSE by USA as to Robert Earl Horton re [8-1] motion Requiring Government to Admit or Deny Use of Electronic Surveillance, filed. (nlyt) (Entered: 03/29/2001)
03/29/200119 RESPONSE by USA re [7-1] motion by Robert Earl Horton for Early Disclosure of Jencks Material, filed. (nlyt) (Entered: 03/29/2001)
03/29/200120 RESPONSE by USA as to Robert Earl Horton re [14-1] motion For Expanded Peremptory Challenges Pursuant to Local Rule 9(D), filed. (nlyt) (Entered: 03/29/2001)
03/29/200121 RESPONSE by USA as to Robert Earl Horton re [13-1] motion for Disclosure of Identity of Confidential Informants, filed. (nlyt) (Entered: 03/29/2001)
03/29/200122 RESPONSE by USA as to Robert Earl Horton re [10-1] motion for Bill of Particulars, filed. (nlyt) (Entered: 03/29/2001)
03/29/200123 RESPONSE by USA as to Robert Earl Horton re [12-1] motion for Leave to File Additional Motions as they become Appropriate, filed. (nlyt) (Entered: 03/29/2001)
03/29/200124 RESPONSE by USA as to Robert Earl Horton re [9-1] motion To Interview Government Informants, filed. (nlyt) (Entered: 03/29/2001)
03/29/200125 RESPONSE by USA as to Robert Earl Horton re [5-1] motion for Discovery, Production, and Inspection, filed. (nlyt) (Entered: 03/29/2001)
04/20/200126 NOTICE OF THE GOVERNMENT'S INTENT to Introduce Evidence under Fed Rule of Evidence 404(b), filed. (nlyt) (Entered: 04/20/2001)
04/20/2001NOTICE OF THE GOVERNMENT'S INTENT to Introduce Evidence under Fed Rules of Evidence 404(b), filed. (nlyt) (Entered: 04/20/2001)
04/30/200127 PROTECTIVE ORDER as to Robert Earl Horton (Signed by Judge Robert G. Doumar on 4/30/01) & filed on 4/30/01. cc to AUSA, Counsel for Dft. & o.b. (popo) (Entered: 04/30/2001)
04/30/2001PROTECTIVE ORDER as to Robert's Auto Parts (Signed by Judge Robert G. Doumar on 4/30/01) & filed on 4/30/01. cc to AUSA, Counsel for Dft. & o.b. (popo) (Entered: 04/30/2001)
05/03/2001  Proposed Jury Instructions by USA as to Robert Earl Horton, Robert's Auto Parts, received. (nlyt) (Entered: 05/04/2001)
05/07/2001  Proposed Jury Instructions by Robert Earl Horton, Robert's Auto Parts, received. (nlyt) (Entered: 05/07/2001)
05/09/200128 MOTION by Robert Earl Horton to Dismiss , filed. (nlyt) (Entered: 05/09/2001)
05/09/2001MOTION by Robert's Auto Parts to Dismiss , filed. (nlyt) (Entered: 05/09/2001)
05/09/2001  SUPPLEMENTAL Proposed Jury Instructions by USA as to Robert Earl Horton, Robert's Auto Parts, received. (nlyt) (Entered: 05/09/2001)
05/10/200129 RESPONSE by USA as to Robert Earl Horton re [28-1] motion to Dismiss, filed. (nlyt) (Entered: 05/10/2001)
05/10/2001RESPONSE by USA as to Robert's Auto Parts re [5-1] motion to Dismiss, filed. (nlyt) (Entered: 05/10/2001)
05/10/2001  Voir dire begun as to Robert Earl Horton (1) count(s) 1, 2, 3-4, 5, 6. (mgra) (Entered: 05/11/2001)
05/10/2001  Jury trial proceedings as to Robert Earl Horton, Robert's Auto Parts held before Judge Rebecca B. Smith (Rep.: Penny Wile of Zahn, Hall & Zahn) USA appeared through: Ian K. Thornhill, SAUSA & Darryl J. Mitchell, AUSA. Dft(s) appeared, on bond, through: I. Lionel Hancock, III, ret. Matter came on for trial by jury. Counsel and defts. appeared. Defts' motion to dismiss argued. Court denied the motion and will let the evidence go forward. Defts. withdrew the motion for expanded peremptory challenges pursuant to local rule 9(D). Jury appeared as summoned and were sworn on their voir dire. 12 jurors and 2 alternate jurors were selected. Jurors not selected were excused subject to call. On motion, witnesses were excluded from the courtroom. Out of the presence of the jury, the court recognized defts' witnesses to appear tomorrow morning at 11:00 a.m. Opening statements heard. Gov't presented evidence in part. Jurors excused and court adjourned until tomorrow monring at 10:00 a.m. (mgra) Modified on 05/15/2001 (Entered: 05/11/2001)
05/10/2001  ORAL ORDER denying [5-1] motion to Dismiss as to Robert's Auto Parts (2) ( Entered by Rebecca B. Smith ) (nlyt) (Entered: 05/11/2001)
05/10/2001  ORAL ORDER as to Robert Earl Horton denying [28-1] motion to Dismiss, withdrawing [14-1] motion For Expanded Peremptory Challenges Pursuant to Local Rule 9(D) as to Robert Earl Horton (1) ( Entered by Judge Rebecca Smith ) (scar) (Entered: 05/11/2001)
05/11/2001  Continuation of jury trial proceedings as to Robert Earl Horton, Robert's Auto Parts held before Judge Rebecca B. Smith ( Rep.: Penny Wile of Zahn, Hall & Zahn) USA appeared through: Ian K. Thornhill, SAUSA & Darryl J. Mitchell, AUSA. Dft(s) appeared, on bond, through: I. Lionel Hancock, III, ret. Jurors, counsel and defts. appeared. Gov't resumed presentation of evidence. Jurors excused and court adjourned until Tuesday, May 15, 2001, at 10:00 a.m. (mgra) Modified on 05/15/2001 (Entered: 05/11/2001)
05/15/2001  Continuation of jury trial proceedings as to Robert Earl Horton, Robert's Auto Parts held before Judge Rebecca B. Smith (Gloria Smith, OCR.) USA appeared through: Ian K. Thornhill, SAUSA & Darryl J. Mitchell, AUSA. Dft(s) appeared, on bond, through: I. Lionel Hancock, III, ret. Counsel and defts. appeared. Court excused a juror and substituted alternate juror number one in his place. Jurors appeared. Gov't resumed presentation of evidence and rested. Out of the presence of the jury, defts. moved for judgment of acquittal as to the corporate deft. Robert's Auto Parts & Body Shop, Inc. Argued. Court denied the motion. Also, gov't moved for motion in limine in re possible testimony of Ruth Unruh. Court questioned Ruth Unruh and discussed her testimony. Court granted govt's motion in limine. Deft. presented evidence in part. Jurors excused and court adjourned until tomorrow morning at 10:00 a.m. (mgra) (Entered: 05/15/2001)
05/16/2001  Continuation of jury trial proceedings as to Robert Earl Horton, Robert's Auto Parts held before Judge Rebecca B. Smith (Gloria Smith, OCR.) USA appeared through: Ian K. Thornhill, SAUSA & Darryl J. Mitchell, AUSA. Dft(s) appeared, on bond, through: I. Lionel Hancock, III, ret. Counsel and defts. appeared. Court stated that an alternate juror has been excused. Jurors appeared. Defts. resumed presentation of evidence and rested. Gov't did not present any rebuttal evidence. Jurors excused until 12:00 p.m. tomorrow. Court stated that any additional instructions have to be submitted to the court by 9:15 a.m. Court adjourned until 10:30 a.m. (mgra) (Entered: 05/17/2001)
05/17/2001  Proposed Supplemental Jury Instruction #3 by USA as to Robert Earl Horton, Robert's Auto Parts, received. (nlyt) (Entered: 05/17/2001)
05/17/2001  Proposed Supplemental Jury Instruction #4 by USA as to Robert Earl Horton, Robert's Auto Parts, received. (nlyt) (Entered: 05/17/2001)
05/17/2001  Proposed Supplemental Jury Instruction 7-11 by Robert Earl Horton, Robert's Auto Parts as to Robert Earl Horton, Robert's Auto Parts (nlyt) (Entered: 05/18/2001)
05/17/2001  Continuation of jury trial proceedings as to Robert Earl Horton, Robert's Auto Parts held before Judge Rebecca B. Smith (Gloria Smith & Diane Gray, OCR) USA appeared through: Ian K. Thornhill, SUASA & Darryl J. Mitchell, AUSA. Dft(s) appeared, on bond, through: I. Lionel Hancock, III, ret. Counsel and defts. appeared. Final arguments of counsel heard. Jury received court's charge and retired to the jury room to begin their deliberations. Sometime later, the jury returned with the following verdicts (attached). Verdicts (2) filed in open court. Jurors excused. Sentencings set for defts. on Tuesday, September 11, 2001, at 9:30 a.m. Court stated that the deft. will remain on bond with no change in his conditions. Court will reconvene tomorrow, May 18, 2001, at 2:00 p.m., for post-trial motions. (mgra) (Entered: 05/18/2001)
05/17/200130 JURY VERDICT as to Robert Earl Horton Guilty: Robert Earl Horton (1) count(s) 1, 2, 3-4, 5, 6 (mgra) (Entered: 05/18/2001)
05/17/2001  Sentencing set for 9:30 a.m., on 9/11/01, for Robert Earl Horton (1), count(s) 1, 2, 3-4, 5, 6. (mgra) (Entered: 05/18/2001)
05/17/2001JURY VERDICT as to Robert's Auto Parts Guilty: Robert's Auto Parts (2) count(s) 1, 2, 3-4, 5, 6 (mgra) (Entered: 05/18/2001)
05/17/2001  Sentencing set for 9:30 a.m., on 9/11/01, for Robert's Auto Parts (2), count(s) 1, 2, 3-4, 5, 6. (mgra) (Entered: 05/18/2001)
05/18/200131 ORDER furnishing dinner, at govt's expense, to jurors on May 17, 2001, entered & filed May 18, 2001. (Signed by Judge Rebecca B. Smith) Certified copy to jury clerk. (mgra) (Entered: 05/18/2001)
05/18/2001ORDER furnishing dinner, at govt's expense, to jurors on May 17, 2001, entered & filed May 18, 2001. (Signed by Judge Rebecca B. Smith) Certified copy to jury clerk. (mgra) (Entered: 05/18/2001)
05/18/2001  Minute entry as to Robert Earl Horton, Robert's Auto Parts: Matter came for a hearing on post-trial motions before Judge Rebecca B. Smith (Diane Gray, OCR.) USA appeared through: Ian K. Thornhill, SAUSA & Darryl J. Mitchell, AUSA. Dft(s) appeared, on bond, through: I. Lionel Hancock, III, ret. Defts' moved for judgment of acquittal pursuant to Rule 29 as to counts 2, 5, and 6. Court ruled from the bench and denied the Rule 29 motion. Defts. renewed their previous motion for judgment of acquittal for the record. Court will allow the deft. to leave the State of Virginia to go to the State of North Carolina for business if the deft. or his counsel notify pretrial services within 24 hours of his departure and within 24 hours of his return. Deft. shall give Mr. Hancock and pretrial services his telephone number where he can be contacted. (mgra) (Entered: 05/18/2001)
06/13/200132 ORDER as to Robert Earl Horton, to Travel for business purposes to Moorehead City, No Carolina from 6/15/01 to 6/16/01 returning by midnight , ent and filed. ( Signed by Judge Rebecca B. Smith ) Copies Mailed: 6/14/01 (nlyt) (Entered: 06/14/2001)
06/13/2001ORDER as to Robert's Auto Parts, to Travel for business purposes in Moorehead City, No Carolina from 6/15/01 to 6/16/01 to midnight, ent and filed. ( Signed by Judge Rebecca B. Smith ) Copies Mailed: 6/14/01 (nlyt) (Entered: 06/14/2001)
07/31/200133 TRANSCRIPT filed in case as to Robert Earl Horton for dates of May 16, 2001 (Testimony of Robert Earl Horton) (nlyt) (Entered: 08/01/2001)
07/31/200110 TRANSCRIPT filed in case as to Robert's Auto Parts for dates of May 16, 2001 (Testimony of Robert Earl Horton) (nlyt) (Entered: 08/01/2001)
08/20/200134 TRANSCRIPT filed in case as to Robert Earl Horton for dates of May 17, 2001 (Excerpt of Trial Proceedings) (nlyt) Modified on 08/22/2001 (Entered: 08/20/2001)
08/20/200111 TRANSCRIPT filed in case as to Robert's Auto Parts for dates of May 17, 2001 (Excerpt of Trial Proceedings) (nlyt) (Entered: 08/20/2001)
08/22/200135 POSITION with Respect to Sentencing Factors by Robert Earl Horton, filed. (nlyt) (Entered: 08/22/2001)
08/31/200136 POSITION with Respect to Sentencing Factors by USA and Response to Deft's objections as to Robert Earl Horton, filed. (nlyt) (Entered: 09/04/2001)
08/31/200112 POSITION with Respect to Sentencing Factors and Response to Deft's objections by USA as to Robert's Auto Parts, filed. (nlyt) (Entered: 09/04/2001)
09/10/200137 AMENDED POSITION with Respect to Sentencing Factors by Robert Earl Horton, filed. (nlyt) (Entered: 09/10/2001)
09/10/200113 AMENDED POSITION with Respect to Sentencing Factors by Robert's Auto Parts, filed. (nlyt) (Entered: 09/10/2001)
09/11/2001  Sentencing held before Judge Rebecca B. Smith (Gloria Smith, OCR) USA appeared through: Ian Thornhill, SAUSA and Darryl Mitchell, AUSA. Dft(s) appeared through: Lionel Hancock, ret counsel. Robert's Auto Parts (2) count(s) 1, 2, 3-4, 5, 6 (Entered: 09/12/2001)
09/12/2001  Sentencing held before Judge Rebecca B. Smith (Gloria Smith, OCR). USA appeared through: Ian Thornhill, SUASA and Darryl Mitchell, AUSA. Dft(s) appeared through: Lionel Hancock, III, ret counsel. Court granted defts. motion for downward departure. Robert Earl Horton (1) count(s) 1, 2, 3-4, 5, 6 (Entered: 09/12/2001)
09/17/2001  CASE assigned to Judge Rebecca B. Smith (popo) (Entered: 09/17/2001)
09/17/200114 JUDGMENT Robert's Auto Parts (2) count 1. 3 YEARS PROBATION; $3,000.00 FINE; $12,277.52 RESTITUTION; $400 SPECIAL ASSESSMENT , Robert's Auto Parts (2) count 2. 3 YEARS PROBATION - TO BE SERVED CONCURRENTLY WITH COUNTS 1,3-6; $3,000.00 FINE; $12,277.52 RESTITUTION; $400.00 SPECIAL ASSESSMENT , Robert's Auto Parts (2) count 3. 3 YEARS PROBATION - TO BE SERVED CONCURRENTLY WITH COUNTS 1-2,4-6; $3,000.00 FINE; $12,277.52 RESTITUTION; $400 SPECIAL ASSESSMENT , Robert's Auto Parts (2) count 4. 3 YEARS PROBATION - TO BE SERVED CONCURRENTLY WITH COUNTS 1-3,5-6; $3,000.00 FINE; $12,277.52 RESTITUTION; $400 SPECIAL ASSESSMENT , Robert's Auto Parts (2) count 5. 3 YEARS PROBATION - TO BE SERVED CONCURRENTLY WITH COUNTS 1-4,6; $3,000.00 FINE; $12,277.52 RESTITUTION; $400.00 SPECIAL ASSESSMENT , Robert's Auto Parts (2) count 6. 3 YEARS PROBATION - TO BE SERVED CONCURRENTLY WITH COUNTS 1-5; $3,000.00 FINE; $12,277.52 RESTITUTION; $400.00 SPECIAL ASSESSMENT. The dedt shall not incur new credit charges or open additional lines of credit without the approval of the probation officer. The deft shall provide the probation officer access to any requested financial information. The deft shall pay a fine of $3,000.00 due immediately. Fine shall be paid on a schedule of $1,000.00 a year. Interest is waived. The deft shall make restitution of $12,277.52 to The Navy Public Works Ctr, US Navy, Norfolk, Va. Joint & several with Robert Earl Horton, docket # 2:01cr27-01 and Frankie Joe Morgan, docket #2:00m370-01. The special assessment is due immediately. (Signed by Judge Rebecca B. Smith ) Copies Mailed: 9/17/01 (nlyt) (Entered: 09/17/2001)
09/17/2001  Permanent Record (nlyt) (Entered: 09/17/2001)
09/17/2001  CASE assigned to Judge Rebecca B. Smith (nlyt) (Entered: 09/18/2001)
09/17/200138 JUDGMENT Robert Earl Horton (1) count 1. 3 YEARS PROBATION; $12,277.52 RESTITITUION; $100.00 SPECIAL ASSESSMENT , Robert Earl Horton (1) count 2. 3 YEARS PROBATION - TO RUN CONCURRENTLY WITH COUNTS 1, 3-6; $12,277.52 RESTITUTION; $100.00 SPECIAL ASSESSMENT , Robert Earl Horton (1) count 3. 3 YEARS PROBATION; $12,277.52 RESTITUTION; $100.00 SPECIAL ASSESSMENT , Robert Earl Horton (1) count 4. 3 YEARS PROBATION - TO RUN CONCURRENTLY WITH COUNTS 1-3,5-6; $12,277.52 RESTITUTION; $100.00 SPECIAL ASSESSMENT , Robert Earl Horton (1) count 5. 3 YEARS PROBATION - TO RUN CONCURRENTLY WITH COUNTS 1-4,6; $12,277.52 RESTITUTION; $100.00 SPECIAL ASSESSMENT , Robert Earl Horton (1) count 6. 3 YEARS PROBATION - TO RUN CONCURRENTLY WITH COUNTS 1-5; $12,277.52 RESTITUTION; $100.00 SPECIAL ASSESSMENT. The deft shall not incur new credit charges or open additional lines of credit without the approval of the probation officer. The deft shall provide the probation officer access to any requested financial information. The Court does not deny federal benefits. The deft shall be on Home Detention, which shall include electronic monitoring at the deft's expense, for a period of 4 months. During this time, deft shall remain at his home except for purposes of running his buisness during normal business hours of 8:00 a.m. - 5:00 p.m. Monday - Friday and 8:00 a.m. - 1:00 p.m. on Saturday. If the deft needs emergency case, he shall notify this probation officer 24 hours of receiving the case and present the medical paperwork indicating what the emergency was and where he went for treatment. The deft must notify the probation officer in advance of scheduled doctor's appointments. He may attend one religious service on Sunday of each week, and have two hours a week to pick up groceries, pharmaceuticals, and take care of any additional business, all with the prior approval of the probation officer. He shall maintain a telephone at his place of residence without party lines, telephone answering machinces, a modem, "call forwarding," "caller ID," "call waiting," "portable cordless telephones or any other devices or services that may interfere with the proper functioning of the electronic monitoring equipment for the above period. He shall wear an electronic monitoring device, follow electronicmonitoring procedures, and apy the cost of the electronic monitoring, all as directed by the probation officer. The deft shall apply monies received from income tax refunds, lottery winnings, inheritances, judgments, and any anticipated or unexpected financial gains to the outstanding court-ordered financial obligation. Court finds deft is unable to pay fine, cost of prosecution, cost of imprisonment or supervised release. The deft shall make restitution in the amount of $12,277.52 (Court Noted $4,000 was paid) joint and several with Robert's Auto Parts & Body Shop, Inc. (2:01cr27-02) and Frankie Joe Morgan (2:00m370-01). Payment to be made to The Navy Public Works Center, United States Navy, Norfolk, Va 23511-3689. Restitution, as to Ct 1, shall be paid in monthly installments of $250.00 a month to commence 30 days from today, the date of the sentence hearing. The Court reserves the right to evaluate that amount depending upon his financial circumstances. Probation Officer to evaluate every 6 months and the Court reserves the right to increase up to $500.00. ( Signed by Judge Rebecca B. Smith ) Copies Mailed: 9/17/01 (nlyt) Modified on 09/18/2001 (Entered: 09/18/2001)
09/17/2001  Permanent Record (nlyt) (Entered: 09/18/2001)
10/04/200139 TRANSCRIPT filed in case as to Robert Earl Horton for dates of September 11, 2001 (Excerpt from Disposition) (nlyt) (Entered: 10/05/2001)
10/04/200115 TRANSCRIPT filed in case as to Robert's Auto Parts for dates of September 11, 2001 (Excerpt from Disposition) (nlyt) (Entered: 10/05/2001)
04/10/200216 WAIVER OF HEARING to Modify Conditions of Probation as to Robert's Auto Parts, entered and filed 4/10/02 ( signed by Judge Rebecca B. Smith ) Copies mailed: 4/11/02 (clerk) (Entered: 04/11/2002)
02/14/200340 MOTION by Robert Earl Horton for Early Termination of Probation (clerk) Modified on 02/18/2003 (Entered: 02/18/2003)
02/20/200341 ORDER as to Robert Earl Horton granting [40-1] motion by Robert Earl Horton for Early Termination of Probation. Deft's probation with the court shall terminate effective 3/1/03. ent 2/19/03 & filed 2/20/03 (Signed by Judge Rebecca B. Smith ) Copies Mailed: 2/20/03 (scar) Modified on 02/21/2003 (Entered: 02/21/2003)
03/15/2010  Exhibit of Paper (5/10/01 Jury Trial) & (9/11/01 Sentencing) Returned to USAO - Received 3/17/10. (ptom) (Entered: 03/19/2010)
10/12/2010  Case file sent to Federal Records Center. (tlev, ) (Entered: 02/23/2011)