| CLOSED |
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 by | I. 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 by | I. 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 by | Melissa 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 |
|---|---|---|
| 02/23/2001 | 1 | INDICTMENT 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) | |
| 02/23/2001 | 1 | INDICTMENT 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) | |
| 02/28/2001 | 2 | SUMMONS Returned Executed as to Robert Earl Horton , filed. (nlyt) (Entered: 02/28/2001) |
| 02/28/2001 | 2 | SUMMONS Returned Executed as to Robert's Auto Parts , filed. (nlyt) (Entered: 02/28/2001) |
| 03/07/2001 | 3 | Unsecured BOND entered by Robert Earl Horton in Amount $10,000.00, filed. (nlyt) (Entered: 03/07/2001) |
| 03/07/2001 | 4 | ORDER 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) | |
| 03/16/2001 | 5 | MOTION #1 by Robert Earl Horton for Discovery, Production, and Inspection , filed. (nlyt) Modified on 03/19/2001 (Entered: 03/19/2001) |
| 03/16/2001 | 6 | MOTION #2 by Robert Earl Horton for Disclosure of 404(b) Evidence , filed. (nlyt) Modified on 03/21/2001 (Entered: 03/19/2001) |
| 03/16/2001 | 7 | MOTION #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) |
| 03/16/2001 | 8 | MOTION #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) |
| 03/16/2001 | 9 | MOTION #5 by Robert Earl Horton To Interview Government Informants , filed. (nlyt) Modified on 03/19/2001 (Entered: 03/19/2001) |
| 03/16/2001 | 10 | MOTION #6 by Robert Earl Horton for Bill of Particulars , filed. (nlyt) (Entered: 03/19/2001) |
| 03/16/2001 | 11 | 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) |
| 03/16/2001 | 12 | 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) |
| 03/16/2001 | 13 | MOTION #10 by Robert Earl Horton for Disclosure of Identity of Confidential Informants , filed. (nlyt) Modified on 03/21/2001 (Entered: 03/19/2001) |
| 03/16/2001 | 14 | 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) |
| 03/19/2001 | 15 | GOVERNMENT REQUEST as to Robert Earl Horton For Discovery and Inspection, filed. (nlyt) Modified on 03/21/2001 (Entered: 03/20/2001) |
| 03/22/2001 | 16 | 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) | |
| 03/29/2001 | 17 | 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) |
| 03/29/2001 | 18 | 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) |
| 03/29/2001 | 19 | RESPONSE by USA re [7-1] motion by Robert Earl Horton for Early Disclosure of Jencks Material, filed. (nlyt) (Entered: 03/29/2001) |
| 03/29/2001 | 20 | 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) |
| 03/29/2001 | 21 | 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) |
| 03/29/2001 | 22 | RESPONSE by USA as to Robert Earl Horton re [10-1] motion for Bill of Particulars, filed. (nlyt) (Entered: 03/29/2001) |
| 03/29/2001 | 23 | 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) |
| 03/29/2001 | 24 | RESPONSE by USA as to Robert Earl Horton re [9-1] motion To Interview Government Informants, filed. (nlyt) (Entered: 03/29/2001) |
| 03/29/2001 | 25 | RESPONSE by USA as to Robert Earl Horton re [5-1] motion for Discovery, Production, and Inspection, filed. (nlyt) (Entered: 03/29/2001) |
| 04/20/2001 | 26 | NOTICE OF THE GOVERNMENT'S INTENT to Introduce Evidence under Fed Rule of Evidence 404(b), filed. (nlyt) (Entered: 04/20/2001) |
| 04/20/2001 | 3 | NOTICE OF THE GOVERNMENT'S INTENT to Introduce Evidence under Fed Rules of Evidence 404(b), filed. (nlyt) (Entered: 04/20/2001) |
| 04/30/2001 | 27 | 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) |
| 04/30/2001 | 4 | PROTECTIVE 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) | |
| 05/09/2001 | 28 | MOTION by Robert Earl Horton to Dismiss , filed. (nlyt) (Entered: 05/09/2001) |
| 05/09/2001 | 5 | MOTION 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) | |
| 05/10/2001 | 29 | RESPONSE by USA as to Robert Earl Horton re [28-1] motion to Dismiss, filed. (nlyt) (Entered: 05/10/2001) |
| 05/10/2001 | 6 | RESPONSE 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) | |
| 05/17/2001 | 30 | 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) | |
| 05/17/2001 | 7 | JURY 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) | |
| 05/18/2001 | 31 | 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) |
| 05/18/2001 | 8 | 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) |
| 05/18/2001 | 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) | |
| 06/13/2001 | 32 | 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) |
| 06/13/2001 | 9 | ORDER 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) |
| 07/31/2001 | 33 | 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) |
| 07/31/2001 | 10 | 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) |
| 08/20/2001 | 34 | 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) |
| 08/20/2001 | 11 | 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) |
| 08/22/2001 | 35 | POSITION with Respect to Sentencing Factors by Robert Earl Horton, filed. (nlyt) (Entered: 08/22/2001) |
| 08/31/2001 | 36 | 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) |
| 08/31/2001 | 12 | 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) |
| 09/10/2001 | 37 | AMENDED POSITION with Respect to Sentencing Factors by Robert Earl Horton, filed. (nlyt) (Entered: 09/10/2001) |
| 09/10/2001 | 13 | 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) | |
| 09/17/2001 | 14 | 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) | |
| 09/17/2001 | 38 | 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) | |
| 10/04/2001 | 39 | TRANSCRIPT filed in case as to Robert Earl Horton for dates of September 11, 2001 (Excerpt from Disposition) (nlyt) (Entered: 10/05/2001) |
| 10/04/2001 | 15 | TRANSCRIPT filed in case as to Robert's Auto Parts for dates of September 11, 2001 (Excerpt from Disposition) (nlyt) (Entered: 10/05/2001) |
| 04/10/2002 | 16 | 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) |
| 02/14/2003 | 40 | MOTION by Robert Earl Horton for Early Termination of Probation (clerk) Modified on 02/18/2003 (Entered: 02/18/2003) |
| 02/20/2003 | 41 | 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) |