CLOSED

U.S. District Court
Western District of Missouri (Kansas City)
CRIMINAL DOCKET FOR CASE #: 4:00-cr-00308-HFS-2


Case title: USA v. Terry, et al

Date Filed: 08/03/2000
Date Terminated: 10/05/2001

Assigned to: Judge Howard F. Sachs
Appeals court case numbers: '07-5658' 'U.S. Supreme Court', '08-3486' '8th Circuit Court of Appeals'

Defendant (2)
SCAT, Inc.
TERMINATED: 10/05/2001
represented bySCAT, Inc.
c/o Gary Ivan Terry
3706-1C Coltswold Terrace
Greensboro, NC 27410
PRO SE

Charles R Brown
Fields & Brown
1100 Main Street
Suite 1600
Kanas City, MO 64105
816-474-1700
Fax: (816)421-6239
Email: fieldsandbrown@fieldsandbrown.com
TERMINATED: 10/05/2001
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
18:287.F FALSE OR FRAUDULENT CLAIMS
(1-10)
Dismissed upon motion of Gov't
18:641.F PUBLIC MONEY, PROPERTY OR RECORDS
(11)
Dismissed upon motion of Gov't
18:1001.F STATEMENTS OR ENTRIES GENERALLY
(12-16)
Dismissed upon motion of Gov't
18:1001.F STATEMENTS OR ENTRIES GENERALLY
(17)
Dft plead guilty to count(s) 17 of a nineteen-count indictment on 9/26/2000. Counts 1-16, inclussive, 18 and 19 are dismissed on the motion of the US. PROBATION: the dft is hereby sentenced to probation for a term of five years; WITH SPECIAL CONDITIO NS. MSA$ 400.00 and RESTITUTION: $545,161.20. The Court determined that the dft does not have the ability to pay interest, and it is ordered that the interest requirement is waived for the Restitution.
18:1001.F STATEMENTS OR ENTRIES GENERALLY
(18)
Dismissed upon motion of Gov't
18:1512B.F INTIMIDATION OR FORCE AGAINST WITNESS
(19)
Dismissed upon motion of Gov't

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None


Plaintiff
USA represented byLinda Parker Marshall
United States Attorney's Office
400 E. 9th St.
Suite 5510
Kansas City, MO 64106
(816)426-3122
Fax: (816)426-3126
Email: linda.marshall@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
08/03/2000INDICTMENT assigned to Judge Howard F. Sachs Counts filed against Gary Ivan Terry (1) count(s) 1-10, 11, 12-18, 19, SCAT, Inc. (2) count(s) 1-10, 11, 12-18, 19 (Michelle Kendall) (Entered: 08/03/2000)
08/16/2000APPEARANCE for Gary Ivan Terry, SCAT, Inc. by Charles R. Brown (Susan Larson) (Entered: 08/17/2000)
08/16/2000MINUTE ENTRY as to defendant SCAT, Inc. Magistrate Robert E. Larsen presiding voluntarily surrendered-Gary I. Terry, as corporate officer , first appearance of SCAT, Inc. , dft SCAT, Inc. arraigned; Atty present; dft #2 is a corporation and bond is not applicable Court Reporter: Sue Anderson-Porter (Susan Larson) (Entered: 08/17/2000)
08/16/2000OMNIBUS hearing report for defendant Gary Ivan Terry, defendant SCAT, Inc. (Susan Larson) (Entered: 08/17/2000)
08/16/2000ORDER by Magistrate Robert E. Larsen as to Gary Ivan Terry, SCAT, Inc. re motion to continue (cc:all counsel) (Susan Larson) (Entered: 08/17/2000)
08/16/2000ORDER by Magistrate Robert E. Larsen as to Gary Ivan Terry, SCAT, Inc. failure to file a motion to reconsider will be deemed as a waiver of the right to object to the orders covered in the Omnibus Hearing Report (cc:all counsel) (Susan Larson) (Entered: 08/17/2000)
08/16/2000MOTION by Gary Ivan Terry, SCAT, Inc. to have case designated a complex case (Susan Larson) (Entered: 08/17/2000)
08/16/200010 ORDER by Magistrate Robert E. Larsen denying motion to have case designated a complex case [9-1] as to Gary Ivan Terry, SCAT, Inc. (cc:all counsel) (Susan Larson) (Entered: 08/17/2000)
08/22/200011 NOTICE of pretrial conference as to defendant Gary Ivan Terry, defendant SCAT, Inc. . Pretrial conference set for 2:50 p.m., 9/8/00 for Gary Ivan Terry, for SCAT, Inc. as ordered by Magistrate Robert E. Larsen (Steve Navarro) (Entered: 08/23/2000)
08/29/200012 MOTION by Gary Ivan Terry, SCAT, Inc. to extend time to file pre-trial motions (Susan Larson) (Entered: 08/30/2000)
08/30/200013 ORDER by Magistrate Robert E. Larsen denying motion to extend time to file pre-trial motions [12-1] as to Gary Ivan Terry, SCAT, Inc. (cc:all counsel) (Michelle Kendall) (Entered: 09/01/2000)
08/31/200015 MOTION by Gary Ivan Terry, SCAT, Inc. to continue (Steve Navarro) (Entered: 09/05/2000)
09/01/200016 ORDER by Judge Howard F. Sachs granting motion to continue [15-1] pretrial conference continued until further notice from the court; accelerated docket reset for 10/23/00 as to Gary Ivan Terry, SCAT, Inc., USA (cc:all counsel) (Steve Navarro) (Entered: 09/05/2000)
09/07/200017 ORDER by Magistrate Robert E. Larsen change of plea set for 9/7/00 at 3:00 p.m. as to Gary Ivan Terry, SCAT, Inc. (cc:all counsel) (Steve Navarro) (Entered: 09/07/2000)
09/22/200018 ORDER by Magistrate Robert E. Larsen change of plea set for 9/26/00 at 1:30 p.m., in courtroom 6D as to Gary Ivan Terry, SCAT, Inc. (cc:all counsel) (Steve Navarro) (Entered: 09/25/2000)
09/26/200021 PLEA Agreement as to SCAT, Inc. (Georgia Kee) (Entered: 09/28/2000)
09/26/200022 MINUTE ENTRY OF PLEA: Magistrate Robert E. Larsen presiding Plea of Guilty was entered by SCAT, Inc. (2) count(s) 19 Presentence Investigation Ordered; Court finds dft's plea is free & voluntary; factual basis presented; Terms and conditions of present bond continued; Court Reporter: Bonnie Rowland (Georgia Kee) (Entered: 09/28/2000)
10/05/200025 REPORT and Recommendation by Magistrate Robert E. Larsen as to defendant SCAT, Inc. Guilty Plea (Steve Navarro) (Entered: 10/05/2000)
11/29/200027 ORDER by Judge Howard F. Sachs that the plea of guilty of the dft to count one of the indictment is now accepted and the dft is adjudged guilty of such offense as to SCAT, Inc. (cc:all counsel) (Georgia Kee) (Entered: 11/30/2000)
02/28/200128 SENTENCING memorandum as to SCAT, Inc. filed by Gary Ivan Terry, SCAT, Inc. (Steve Navarro) (Entered: 02/28/2001)
04/06/200130 MOTION by SCAT, Inc. to extend to file objections to PSI-Report (Georgia Kee) (Entered: 04/09/2001)
04/09/200132 OBJECTIONS by defendant SCAT, Inc. to PSI Report and Sentencing Guidelines (Georgia Kee) (Entered: 04/10/2001)
05/04/200135 MOTION by SCAT, Inc. to extend time to file additional objections to pre-sentence investigation report out of time and suggestions in support thereof (Steve Navarro) (Entered: 05/06/2001)
06/01/200137 MOTION by SCAT, Inc. to extend sentencing (Steve Navarro) (Entered: 06/04/2001)
06/05/200138 ORDER by Judge Howard F. Sachs granting motion to extend time to file additional objections to pre-sentence investigation report out of time and suggestions in support thereof [35-1] as to SCAT, Inc. (cc:all counsel) (Steve Navarro) (Entered: 06/08/2001)
08/02/200140 MOTION by Gary Ivan Terry, SCAT, Inc. for leave to file additional objections out of time (Steve Navarro) (Entered: 08/03/2001)
08/07/200141 ORDER by Judge Howard F. Sachs granting motion for leave to file additional objections out of time; the clerk of court is directed to accept for filing and to docket dfts' additional objections [40-1] as to Gary Ivan Terry, SCAT, Inc. (cc:all counsel) (Steve Navarro) (Entered: 08/08/2001)
08/07/200142 Additional Objections by defendant Gary Ivan Terry, defendant SCAT, Inc. to PSI and supplemental sentencing memorandum (Steve Navarro) (Entered: 08/08/2001)
09/26/200149 MINUTE ENTRY for Sentencing as to defendant SCAT, Inc. Judge Howard F. Sachs presiding Court Reporter: John Bowen (Melanie Beard) (Entered: 10/22/2001)
10/05/200143 JUDGMENT and Commitment issued to U.S. Marshal sentencing as to SCAT, Inc. SCAT, Inc. (2) count(s) 17. Dft plead guilty to count(s) 17 of a nineteen-count indictment on 9/26/2000. Counts 1-16, inclussive, 18 and 19 are dismissed on the motion of the US. PROBATION: the dft is hereby sentenced to probation for a term of five years; WITH SPECIAL CONDITIONS. MSA$ 400.00 and RESTITUTION: $545,161.20. The Court determined that the dft does not have the ability to pay interest, and it is ordered that the interest requirement is waived for the Restitution. party SCAT, Inc. Judge Howard F. Sachs (Melanie Beard) (Entered: 10/10/2001)
10/15/200147 NOTICE OF APPEAL by defendant SCAT, Inc. from Dist. Court decision [44-2] Filed 10/05/01 Entered 10/10/01 Paid $ 105.00 Rct. # 193058 (Shannon Brogan) (Entered: 10/18/2001)
10/18/2001  Delivered to USCA 2 ctfd cpys of appeal ntc and dkt entries; 2 cpys of and Jgm fld: 10/05/01 and NOA Supplement (cc: attys and Judge) (Shannon Brogan) (Entered: 10/18/2001)
10/25/200152 PRESENTENCE Report on SCAT, Inc. (original sealed) (Phyllis Travers) (Entered: 10/25/2001)
10/26/200156 TRANSCRIPT of Sentencing Hearing held on September 26, 2001 before Judge Howard F. Sachs as to defendant Gary Ivan Terry, defendant SCAT, Inc. (Melanie Beard) (Entered: 10/26/2001)
10/29/2001  Notification by Circuit Court of Appellate Docket Number 01-3458 as to Scat, Inc. - Clerk's record due 11/16/01 (Shannon Brogan) Modified on 11/01/2001 (Entered: 10/29/2001)
11/19/2001  Record on Appeal sent to Circuit Court w/three copies presentence report (sealed) and two volumes transcripts pertaining to Scat, Inc. and Gary Terry (Shannon Brogan) (Entered: 11/19/2001)
12/03/2001  Delivered to USCA 2 ctfd cpys of appeal ntc and dkt entries; 2 cpys of Ord fld: 11/29/01 and Jgm fld: 10/05/01 and NOA Supplement (cc: attys and Judge) (Shannon Brogan) Modified on 12/03/2001 (Entered: 11/30/2001)
12/12/2001  Notification by Circuit Court of Appellate Docket Number 01-3870 - clerk's record due 01/02/02 (Shannon Brogan) (Entered: 12/12/2001)
12/13/2001  Record on Appeal sent to Circuit Court re: Gary Ivan Terry w/three copies presentence report (sealed). Transcripts are in USCA's possession in the SCAT, Inc. appeal (Shannon Brogan) (Entered: 12/13/2001)
01/14/200266 CERTIFIED copy of judgment and order from USCA ORDERED THAT appellant's motion to dismiss the appeal is granted. The appeal is hereby dismissed. [64-1] ; Mandate issued: 01/10/02 (Shannon Brogan) (Entered: 01/14/2002)
04/04/200268 AFFIDAVIT of Charles R. Brown (Robin Jones) (Entered: 04/05/2002)
05/08/2002  CERTIFICATE of Record Transmitted to USCA 1 volume original file and 1 red expandable folder - sent at USCA's request (Shannon Brogan) (Entered: 05/08/2002)
05/22/2002  RECORD ON APPEAL returned from U.S. Court of Appeals - two volumes transcripts returned at Judge Sachs' request (Shannon Brogan) (Entered: 05/22/2002)
05/30/2002  CERTIFICATE of Record Transmitted to USCA - two volumes transcripts returned to USCA (Shannon Brogan) (Entered: 05/30/2002)
08/01/200272 CERTIFIED copy of judgment and order from USCA ORDERED THAT affirming the decision of the District Court [47-1] ; Mandate issued: 07/23/2002 (Shannon Brogan) Modified on 08/02/2002 (Entered: 08/02/2002)
08/05/2002  RECORD ON APPEAL returned from U.S. Court of Appeals one volume original file, two volumes transcripts and one red expandable folder of exhibits. Appeal case closed (Shannon Brogan) (Entered: 08/05/2002)
08/05/200273 LETTER to the U.S. Marshal as to SCAT, Inc. (Shannon Brogan) (Entered: 08/05/2002)
10/07/200275 SUGGESTION by plaintiff USA in opposition to motion for Relief from Judgment or Order Pursuant to Rule 60(b) of the Federal Rules of Civil Procedure. [74-1] (Robin Jones) (Entered: 10/08/2002)
11/25/200276 NOTICE of Change of Address by SCAT, Inc. Please submit all legal correspondence herefore to the Defendant's forwarding address: 3706-1C Coltswold Terrace, Greensboro, NC 27410. (Jones, Robin) Modified on 11/26/2002 to replace incorrect image (Jones, Robin). (Entered: 11/26/2002)
01/03/200379 NOTICE of Returned mail to Gary Ivan Terry. (Honeycutt, Cassaundra) (Entered: 01/03/2003)
04/11/200380  MOTION for order for judicial review of an Administrative Decision pursuant to Title 41 U.S.C. Sections 321, 322 by Gary Ivan Terry, SCAT, Inc. Suggestions in opposition/response due by 4/28/2003. (Attachments: # 1 Exhibit 1)(Jones, Robin) (Entered: 04/14/2003)
07/30/200383 PROBATION JURISDICTION transferred to Middle District of North Carolina as to SCAT, Inc. Transmitted Transfer of Jurisdiction form, with certified copies of indictment, judgment and docket sheet. (Kee, Georgia) (Entered: 08/06/2003)
03/23/200685  MOTION to withdraw plea of guilty by Gary Ivan Terry as to Gary Ivan Terry, SCAT, Inc.. Suggestions in opposition/response due by 4/7/2006 unless otherwise directed by the court (Beard, Melanie) (Entered: 03/23/2006)
03/23/200686 Declaration by Gary Ivan Terry as to Gary Ivan Terry, SCAT, Inc. (Beard, Melanie) (Entered: 03/23/2006)
04/07/200687  MOTION for extension of time to file response/reply as to 85 MOTION to withdraw plea of guilty by USA as to Gary Ivan Terry, SCAT, Inc.. Suggestions in opposition/response due by 4/24/2006 unless otherwise directed by the court (Marshall, Linda) (Entered: 04/07/2006)
04/10/200688 ORDER granting plaintiff's motion for extension of time (Doc. 87) signed by Judge Howard F. Sachs on 4/10/2006. Plaintiff is to file its response by 5/1/2006. (Moritz, Julie) (Entered: 04/10/2006)
04/24/200689  MOTION to disqualify judge by Gary Ivan Terry as to Gary Ivan Terry, SCAT, Inc.. Suggestions in opposition/response due by 5/9/2006 unless otherwise directed by the court (Kee, Georgia) Modified on 5/16/2006 to terminate the motion deadlines, per Court order of 5/16/06 (Beard, Melanie). (Entered: 04/24/2006)
04/24/200690  MOTION to appoint counsel by Gary Ivan Terry as to Gary Ivan Terry, SCAT, Inc.. Suggestions in opposition/response due by 5/9/2006 unless otherwise directed by the court (Kee, Georgia) (Entered: 04/24/2006)
04/27/200691 SUGGESTIONS in opposition by USA as to Gary Ivan Terry, SCAT, Inc. re 85 MOTION to withdraw plea of guilty Reply suggestions due by 5/12/2006 unless otherwise directed by the court (Attachments: # 1 # 2 # 3 # 4 # 5)(Marshall, Linda) (Entered: 04/27/2006)
05/03/200692 REPLY SUGGESTIONS to motion by Gary Ivan Terry, SCAT, Inc. re 85 MOTION to withdraw plea of guilty (Attachments: # 1 Exhibit)(Beard, Melanie) (Entered: 05/03/2006)
05/04/200693 NOTICE Certificate of Service by USA as to Gary Ivan Terry, SCAT, Inc. (Marshall, Linda) (Entered: 05/04/2006)
05/16/2006  NOTICE OF DOCKET MODIFICATION. A modification has been made to the document filed on 5/16/06 as Order (document #95). A document has been deleted from the entry. DOCUMENT DELETED AS IT WAS FILED IN ERROR. This is a text entry only - no document is attached. (Beard, Melanie) (Entered: 05/16/2006)
09/15/200695 NOTICE OF APPEAL by Gary Ivan Terry, SCAT, Inc. re 94 Order, Order on motion for order,, Order on Motion to Withdraw Plea of Guilty,, Order on Motion to Appoint Counsel, Filing fee $ 455, receipt number Not Paid. (Beard, Melanie) (Entered: 09/18/2006)
09/20/200696 Transmission of Notice of Appeal and docket sheet as to Gary Ivan Terry, SCAT, Inc. to US Court of Appeals re 95 Notice of Appeal - Final Judgment (Crespo, Wil) (Entered: 09/20/2006)
09/21/2006  USCA Case Number from 8th Circuit Court of Appeals is 06-3368 for 95 Notice of Appeal - Final Judgment filed by Gary Ivan Terry, as to Gary Ivan Terry, SCAT, Inc. no schedule available. THIS IS A TEXT ENTRY ONLY - NO DOCUMENT IS ATTACHED. (Crespo, Wil) (Entered: 09/21/2006)
09/25/200697  MOTION to withdraw plea of guilty by Gary Ivan Terry, SCAT, Inc.. Suggestions in opposition/response due by 10/10/2006 unless otherwise directed by the court (Beard, Melanie) (Entered: 09/26/2006)
09/27/2006  ***Appeals Remark as to Gary Ivan Terry, SCAT, Inc.: mailed this date to the 8th Circuit Court of Appeals the original file and one expandable folder with one volume of Sentence Transcript (Doc #56) and one volume of Change of Plea Transcript (Doc #23). (Crespo, Wil) (Entered: 09/27/2006)
11/16/200699 ORDER denying motion to withdraw plea of guilty as to Gary Ivan Terry (Doc 97) and SCAT, Inc.(Doc. 97) signed by Judge Howard F. Sachs on 11/16/2006. The clerk of the court is to refuse any further filings from defendants in this case. (Moritz, Julie) (Entered: 11/16/2006)
11/16/2006100 SUGGESTIONS in support by Gary Ivan Terry, SCAT, Inc. re 97 MOTION to withdraw plea of guilty (Attachments: # 1 Notice of Exhibit Attachment). Documents received on 11/16/06, before order of 11/16/06 could have been received by flier.(Beard, Melanie) (Entered: 11/17/2006)
11/27/2006101 NOTICE OF APPEAL by Gary Ivan Terry, SCAT, Inc. Filing fee $ 455, receipt number Not Paid. (Beard, Melanie) (Entered: 11/27/2006)
11/27/2006102 Transmission of Notice of Appeal and docket sheet as to Gary Ivan Terry, SCAT, Inc. to US Court of Appeals re 101 Notice of Appeal - Final Judgment (Crespo, Wil) (Entered: 11/27/2006)
12/04/2006  USCA Case Number from 8th Circuit Court of Appeals is 06-3967 for 101 Notice of Appeal - Final Judgment filed by SCAT, Inc., as to Gary Ivan Terry, SCAT, Inc.. No schedule available. THIS IS A TEXT ENTRY ONLY - NO DOCUMENT IS ATTACHED. (Crespo, Wil) (Entered: 12/04/2006)
01/09/2007103 JUDGMENT of USCA as to Gary Ivan Terry, SCAT, Inc. re 101 Notice of Appeal - Final Judgment This is a preliminary judgment of U.S. Court of Appeals; jurisdiction is not recovered until the mandate is issued by the appellate court. It is ordered by the court that the judgment of the district court is summarily affirmed. (Crespo, Wil) (Entered: 01/09/2007)
02/26/2007104 MANDATE of USCA as to Gary Ivan Terry, SCAT, Inc. re 101 Notice of Appeal - Final Judgment with mandate issued on 7/23/07. (Crespo, Wil) (Entered: 02/26/2007)
10/26/2007105 WRIT OF CERTIORARI DENIED by US Supreme Court as to Gary Ivan Terry, SCAT, Inc. re 101 Notice of Appeal - Final Judgment U.S. Supreme Court Case Number 07-5658, order dated 10/1/07. (Crespo, Wil) (Entered: 10/26/2007)
10/17/2008107  NOTICE OF APPEAL (Interlocutory) by Gary Ivan Terry, SCAT, Inc. re 106 Order. Filing fee $ 455, receipt number Not Paid. (Beard, Melanie) (Entered: 10/20/2008)
10/20/2008108 Transmission of Notice of Appeal Supplement to US Court of Appeals, 8th Circuit via electronic mail as to Gary Ivan Terry, SCAT, Inc. to US Court of Appeals. Related Document 107 Notice of Appeal - Interlocutory. (Crespo, Wil) (Entered: 10/20/2008)
10/28/2008109 USCA Case Number from 8th Circuit Court of Appeals is 08-3486 for 107 Notice of Appeal - Interlocutory filed by SCAT, Inc., Gary Ivan Terry as to Gary Ivan Terry, SCAT, Inc. No briefing schedule entered by the Court of Appeals (Crespo, Wil) (Entered: 10/28/2008)
11/04/2008110 JUDGMENT of USCA as to Gary Ivan Terry, SCAT, Inc. re 107 Notice of Appeal - Interlocutory This is a preliminary judgment of U.S. Court of Appeals; jurisdiction is not recovered until the mandate is issued by the appellate court. It is ordered by the court that the judgment of the district court is summarily affirmed. (Crespo, Wil) (Entered: 11/04/2008)
12/01/2008111 MANDATE of USCA as to Gary Ivan Terry, SCAT, Inc. re 107 Notice of Appeal - Interlocutory with mandate issued on 11/26/08. (Crespo, Wil) (Entered: 12/01/2008)