U.S. District Court
Northern District of Texas (Lubbock)
CRIMINAL DOCKET FOR CASE #: 5:03-cr-00037-ALL

Case title: USA v. Butler
Other court case number(s): None
Magistrate judge case number(s): 5:03-mj-00010

Date Filed: 04/10/03


Assigned to: Sam R Cummings
Referred to:

Defendant(s)
-----------------------
Thomas Campbell Butler (1) represented by Charles M Meadows, Jr
Meadows Owens Collier Reed Cousins & Blau
901 Main St
Suite 3700
Dallas, TX 75202-3714
214/744-2419
Fax : 214/747-3732 FAX
Email: cmeadows@meadowsowens.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained
    Daniel H Benson
Texas Tech University
School of Law
1802 Hartford Ave
Lubbock, TX 79409-0004
806/742-3990
Fax : 806/742-0251 FAX
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained
    Daniel C Schwartz
Bryan Cave - Washington
700 Thirteenth St NW
Suite 700
Washington, DC 20005
202/508-6000
Email: dcschwartz@bryancave.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained
    Floyd D Holder, Jr
Law Office of Floyd Holder
Pyramid Plaza
3223 S Loop 289
Suite 420
Lubbock, TX 79423
806/763-9296
Fax : 806/763-4630 FAX
Email: fholder@nts-online.net
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained
    Jonathan R Turley
George Washington University Law School
2000 H Street NW
Washington, DC 20052
202/994-7001
Email: jturley@law.gwu.edu
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained
    Kevin J Wolf
Bryan Cave - Washington
700 Thirteenth St NW
Suite 700
Washington, DC 20005
202/508-6200
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained
    Lezlie B Allen
Meadows Owens Collier Reed Cousins & Blau
901 Main St
Suite 3700
Dallas, TX 75202-3714
214/744-3700
Fax : 214/747-3732 FAX
Email: lallen@meadowsowens.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained


Pending Counts
----------------------

 

Disposition
----------------

None


Highest Offense Level (Opening)
---------------------------------------

None


Terminated Counts
-----------------------------

 

Disposition
----------------

None


Highest Offense Level (Terminated)
--------------------------------------------

None


Complaints
----------------

 

Disposition
----------------

None


Movant(s)
-----------------------
Texas Tech University Health Sciences Center represented by Demetri Anastasiadis
Office of the Texas Attorney General
300 W 15th St
7th Floor
Austin, TX 78701
512/463-2080
Fax : 512/495-9139 FAX
Email: Demetri.Anastasiadis@oag.state.tx.us
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained
    Glenda Robinson-Helfrich
Texas Tech University
3601 4th St Stop 6246
2B141 HSC Bldg
Lubbock, TX 79430-0001
806/743-2986
Email: glenda.helfrich@ttuhsc.edu
ATTORNEY TO BE NOTICED
Designation: Retained


Interested Party(s)
-----------------------
USMS - Lubbock represented by USMS - Lubbock
1205 Texas Ave
Room C-120
Lubbock, TX 79401
806/472-7655
PRO SE

USPT - Lubbock represented by USPT - Lubbock
1205 Texas Avenue
Room 510
Lubbock, TX 79401
806/472-7020
PRO SE

USPO - Lubbock represented by USPO - Lubbock
1205 Texas Ave
Room 106
Lubbock, TX 79401
806/472-7001
PRO SE



Plaintiff
-------------------

USA represented by C Richard Baker
US Attorney's Office
1205 Texas Ave
7th Floor
Lubbock, TX 79401
806/472-7351
Fax : 806/472-7394 FAX
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained
    Michael R Snipes
US Attorney's Office
Department of Justice
1100 Commerce Street
3rd Floor
Dallas, TX 75242-1699
214/659-8600
Fax : 214/767-4104 FAX
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained
    Robert Lee Webster
US Attorney's Office
Department of Justice
1100 Commerce St
3rd Floor
Dallas, TX 75242-1699
214/659-8600
Fax : 214/767-4104 FAX
LEAD ATTORNEY
Designation: Retained
    Roger L McRoberts
US Attorney's Office
1205 Texas Ave
7th Floor
Lubbock, TX 79401
806/472-7351
Fax : 806/472-7394 FAX
Email: Roger.McRoberts@usdoj.gov
LEAD ATTORNEY
Designation: Retained

Filing Date

#

Docket Text

01/15/2003 ARREST of Thomas C Butler (clf)[5:03-mj-00010] (Entered: 01/17/2003)
01/15/20031COMPLAINT as to Thomas C Butler (clf)[5:03-mj-00010] (Entered: 01/17/2003)
01/15/20032Arrest WARRANT issued as to Thomas C Butler (clf)[5:03-mj-00010] (Entered: 01/17/2003)
01/16/20033Minute entry as to Thomas C Butler; IA Held before Magistrate Judge Nancy M. Koenig Court Reporter: Tape 1266(811-1106) (clf)[5:03-mj-00010] (Entered: 01/17/2003)
01/16/2003 Initial appearance as to Thomas C Butler held (Defendant informed of rights.) (clf)[5:03-mj-00010] (Entered: 01/17/2003)
01/16/2003 APPEARANCE Through Counselby Thomas C Butler Floyd Holder (clf)[5:03-mj-00010] (Entered: 01/17/2003)
01/16/20034MOTION by USA as to Thomas C Butler for Pretrial detention , to continue detention hearing for three days (clf)[5:03-mj-00010] (Entered: 01/17/2003)
01/17/20035ORDER fixing dates as to Thomas C Butler; Preliminary Hearing set for 3:00 1/21/03 for Thomas C Butler ; Detention Hearing set for 3:00 1/21/03 for Thomas C Butler cc: all Page(s): 1 ( Signed by Magistrate Judge Nancy M. Koenig ) (klw)[5:03-mj-00010] (Entered: 01/21/2003)
01/21/20036Waiver of Preliminary Examination or Hearing by Thomas C Butler (klw)[5:03-mj-00010] (Entered: 01/21/2003)
01/21/20037Minute entry as to Thomas C Butler :Preliminary and Detention Hearing ; Held before Magistrate Judge Nancy M. Koenig Court Reporter: tape #1267 (10-530) (klw)[5:03-mj-00010] Modified on 10/7/2003 (egb, ). (Entered: 01/21/2003)
01/21/2003 MOTION in open court by USA as to Thomas C Butler to withdraw [4-1] motion for Pretrial detention (klw)[5:03-mj-00010] (Entered: 01/21/2003)
01/21/20038ORDER Setting Conditions of Release as to Thomas C Butler (Motion termed: [0-0] oral motion to withdraw [4-1] motion for Pretrial detention ) as to Thomas C Butler (1), (Motion termed: [4-1] motion for Pretrial detention ) as to Thomas C Butler (1) ;[5:03 ORDER setting bond BOND; Bond set to $ 100,000.00 w/ 10% cash deposited with the US District Court for Thomas C Butler.; Additionally dft shall place his residence at 4611 10th St., Lubbock TX, valued at approximately $200,000.00, as [5:03collateral for his bond and execute all documents necessary to accomplish this; cc: all Page(s): 5 ( Signed by Magistrate Judge Nancy M. Koenig ) (klw)[5:03-mj-00010] (Entered: 01/21/2003)
01/21/20039Cash BOND entered by Thomas C Butler in Amount $ 10,000.00 Receipt # 40252 (klw)[5:03-mj-00010] Modified on 10/7/2003 (egb, ). (Entered: 01/21/2003)
01/21/200310Property BOND (Agreement to Forfeit Property) entered by Thomas C Butler for residence at 4611 10th St., Lubbock, TX - additional conditions of release as Ordered on 1/21/03 (klw)[5:03-mj-00010] (Entered: 01/21/2003)
01/22/200311Arrest WARRANT Returned Executed as to Thomas C Butler on 1/15/03 (egb)[5:03-mj-00010] (Entered: 01/22/2003)
01/23/200312Receipt for Surrenderof Passport as to Thomas C Butler Passport # 150626661 Country: United States of America (egb)[5:03-mj-00010] Modified on 10/7/2003 (egb, ). (Entered: 01/23/2003)
02/04/200313WAIVER of Speedy Trial by Thomas C Butler (clf)[5:03-mj-00010] (Entered: 02/07/2003)
04/10/200314INDICTMENT as to Thomas Campbell Butler (1) count(s) 1, 2-3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13-14, 15. (klw, ) (Entered: 04/16/2003)
04/21/200315DISCOVERY RECEIPT as to Thomas Campbell Butler by attorney for defendnat Floyd D. Holder, Jr (egb, ) (Entered: 04/21/2003)
04/28/200316DISCOVERY RECEIPT as to Thomas Campbell Butler : Discovery received by dft's attorney from AUSA (klw, ) (Entered: 04/28/2003)
04/30/200317NOTICE OF ATTORNEY APPEARANCE by Lezlie B Allen and Charles (Chuck) Meadows Jr appearing for Thomas Campbell Butler (klw, ) (Entered: 04/30/2003)
04/30/200318 MOTION to Amend [8] Order Setting Conditions of Release, by Thomas Campbell Butler with Memorandum of Law in Support. (attachments A-G not scanned)(klw, ) (Entered: 05/01/2003)
04/30/200319ORDER as to Thomas Campbell Butler : Arraignment set for 5/9/2003 10:00 AM before Nancy M Koenig. (Signed by Judge Nancy M Koenig on 4/30/03) (klw, ) (Entered: 05/01/2003)
05/01/200320ORDER as to Thomas Campbell Butler : Any response in opposition, to the dft's motion to amend conditions of release, to be filed within 10 days from the date the motion was filed. (Signed by Judge Nancy M Koenig on 5/1/03) (klw, ) (Entered: 05/01/2003)
05/08/200321RESPONSE to Motion by USA as to Thomas Campbell Butler re 18 MOTION to Amend/Correct [8] Order Setting Conditions of Release. (klw, ) (Entered: 05/08/2003)
05/08/200322STIPULATED ORDER AMENDING CONDITIONS OF RELEASE granting 18 Motion to Amend/Correct as to Thomas Campbell Butler (1) (see Order for Conditions of Release). (Signed by Judge Nancy M Koenig on 5/8/03) (klw, ) (Entered: 05/08/2003)
05/09/200323Minute Entry for proceedings held before Judge Nancy M Koenig :Arraignment as to Thomas Campbell Butler (1) Count 1,2-3,4,5,6,7,8,9,10,11,12,13-14,15 held on 5/9/03. Plea entered by Thomas Campbell Butler (1) Count 1,2-3,4,5,6,7,8,9,10,11,12,13-14,15. by Thomas Campbell Butler : Not Guilty on counts 1-15. Set/Reset Hearings as to Thomas Campbell Butler : Jury Trial set for 7/7/2003 09:00 AM before Sam R Cummings. (Tape #1284 (6951-7350); 1285 (0-150).) (klw, ) (Entered: 05/09/2003)
05/09/2003 Bond Reset as to Thomas Campbell Butler (1) Surety bond as agreed to. (klw, ) (Entered: 05/09/2003)
05/09/200324Cash or Surety Bond Entered as to Thomas Campbell Butler in amount of $ 10,000.00 cash or property as described, (klw, ) (Entered: 05/09/2003)
05/09/200325AGREEMENT TO FORFEIT PROPERTY as to Thomas Campbell Butler : (klw, ) (Entered: 05/09/2003)
05/09/200326PRETRIAL NOTICE AND ORDER as to Thomas Campbell Butler : Jury Trial set for 7/7/2003 09:00 AM before Sam R Cummings. Motions due by 6/16/2003. (Signed by Judge Sam R Cummings on 5/9/03) (egb, ) (Entered: 05/09/2003)
05/12/200327WAIVER of Speedy Trial by Thomas Campbell Butler (klw, ) (Entered: 05/12/2003)
05/12/200328JOINT MOTION to Continue Trial in the Ends of Justice by USA and Defendant as to Thomas Campbell Butler (klw, ) Modified on 5/12/2003 (klw, ). (Entered: 05/12/2003)
05/12/200329ORDER granting 28 Joint Motion to Continue Trial in the Ends of Justice as to Thomas Campbell Butler (1) (Signed by Judge Sam R Cummings on 5/12/03) (klw, ) (Entered: 05/12/2003)
05/12/2003 Set/Reset Scheduling Order Deadlines as to Thomas Campbell Butler : Jury Trial set for 10/6/2003 09:00 AM before Sam R Cummings. Motions due by 8/4/2003. Responses due by 8/18/2003 (per Order entered 5/12/03) (klw, ) (Entered: 05/12/2003)
05/13/200330Property Bond Entered as to Thomas Campbell Butler in amount of $ $225,000.00 - received copy of Deed of Trust file marked by Lubbock County Clerk; receipt given to AUSA & copy to Mr. Holder. (klw, ) (Entered: 05/13/2003)
06/10/200331Sealed Document - placed in sealed area (klw, ) (Entered: 06/10/2003)
06/10/200332Sealed Document - placed in sealed area (klw, ) (Entered: 06/10/2003)
06/10/2003 Document Number Reset To 32 (klw, ) (Entered: 09/03/2003)
06/10/200333EMERGENCY MOTION to Seal Anticipated Superseding Indictment by Thomas Campbell Butler with Brief in Support. (klw, ) Modified on 9/3/2003 (klw, ). (DOCUMENT UNSEALED 9/3/03 PER ORDER ENTERED 8/33/02; ENTRY REDOCKETED ON 9/3/03) Modified on 9/4/2003 (klw, ). (Entered: 09/03/2003)
06/10/200334ORDER granting 33 Motion to Seal Anticipated Superseding Indictment and all pleadings and orders related to it, including this Order, shall be filed under seal as to Thomas Campbell Butler (1) (Signed by Judge Sam R Cummings on 6/10/03) (klw, ) Modified on 9/3/2003 (klw, ). (UNSEALED ON 9/3/03 PER ORDER ENTERED 8/22/03; ENTRY REDOCKETED ON 9/3/03) Modified on 9/4/2003 (klw, ). (Entered: 09/03/2003)
06/19/2003 Document Number Reset To 35 (klw, ) (Entered: 08/20/2003)
06/19/200335DISCOVERY RECEIPT as to Thomas Campbell Butler : (klw, ) Modified on 9/3/2003 (klw, ). (UNSEALED ON 9/3/03 PER ORDER ENTERED 8/22/03; ENTRY REDOCKETED ON 9/3/03) Modified on 9/4/2003 (klw, ). (Entered: 09/03/2003)
08/01/200336 AGREED MOTION for Continuance of Deadline to File Pretrial Motions by Thomas Campbell Butler (klw, ) Modified on 9/3/2003 (klw, ). (UNSEALED ON 9/3/03 PER ORDER ENTERED 8/22/03; ENTRY REDOCKETED ON 9/3/03) Modified on 9/4/2003 (klw, ). (Entered: 09/03/2003)
08/04/200337ORDER granting 36 Agreed Motion for Continuance of Deadline to File Pretrial Motions as to Thomas Campbell Butler (1); All Pre-trial Motions due by 8/25/2003 at 5:00 p.m.. (Signed by Judge Sam R Cummings on 8/4/03) (klw, ) Modified on 9/3/2003 (klw, ). (UNSEALED 9/3/03 PER ORDER ENTERED 8/22/03; ENTRY REDOCKETED ON 9/3/03) Modified on 9/4/2003 (klw, ). (Entered: 09/03/2003)
08/08/200338Sealed Document - placed in sealed area (klw, ) (Entered: 08/08/2003)
08/08/200339ORDER GRANTING GOVT'S AND DFT'S JOINT MOTION TO CONTINUE in the Interest of Justice as to Thomas Campbell Butler. Time excluded from 10/6/03 until 11/3/03. (Signed by Judge Sam R Cummings on 8/8/03) (klw, ) Modified on 9/3/2003 (klw, ). (UNSEALED ON 9/3/03 PER ORDER ENTERED 8/22/03; ENTRY REDOCKETED ON 9/3/03) Modified on 9/4/2003 (klw, ). (Entered: 09/03/2003)
08/15/200341Summons Issued as to Thomas Campbell Butler & forwarded to DUSM Arraignment set for 9/3/2003 10:00 AM before Magistrate Judge Nancy M Koenig. (klw, ) (UNSEALED 9/3/03 PER ORDER ENTERED 8/22/03; ENTRY REDOCKETED ON 9/3/03) Modified on 9/4/2003 (klw, ). (Entered: 09/03/2003)
08/19/200342RULE 12.4 NOTICE as to Thomas Campbell Butler by USA (klw, ) (UNSEALED 9/3/03 PER ORDER ENTERED 8/22/03; ENTRY REDOCKETED ON 9/3/03) Modified on 9/4/2003 (klw, ). (Entered: 09/03/2003)
08/20/200343 MOTION for Extension of Time to File Certain Pretrial Motions by Thomas Campbell Butler (klw, ) Modified on 9/3/2003 (klw, ). (UNSEALED 9/3/03 PER ORDER ENTERED 8/22/03; ENTRY REDOCKETED ON 9/3/03) Modified on 9/4/2003 (klw, ). (Entered: 09/03/2003)
08/20/2003 Document Number Reset To 43 (klw, ) (Entered: 09/03/2003)
08/21/200344ORDER SETTING REARRAIGNMENT as to Thomas Campbell Butler : Re-Arraignment set for 9/3/2002 10:00 AM before Magistrate Judge Nancy M Koenig. (Signed by Judge Nancy M Koenig on 8/21/03) (klw, ) Modified on 9/3/2003 (klw, ). (UNSEALED AND REDOCKETED ON 9/3/03 PER ORDER 8/22/03) (Entered: 09/03/2003)
08/22/200345RESPONSE to Motion by USA as to Thomas Campbell Butler re 43 MOTION for Extension of Time to File Certain Motions (klw, ) Modified on 9/3/2003 (klw, ). (UNSEALED AND REDOCKETED ON 9/3/03 PER ORDER ENTERED 8/22/03) (Entered: 09/03/2003)
08/22/2003  MOTION to Unseal Superseding Indictment by USA as to Thomas Campbell Butler (klw, ); (DOCUMENT UNSEALED ON 9/3/03 PER ORDER ENTERED 8/22/03; ENTRY REDOCKETED ON 9/3/03) Modified on 9/4/2003 (klw, ). (Entered: 09/03/2003)
08/22/200346Summons Returned Executed on 8/21/03 as to Thomas Campbell Butler; served by CM-RRR, card signed by T. Butler on 8/18/03. (klw, )(UNSEALED AND RE-DOCKETED ON 9/3/03 PER ORDER ENTERED 8/22/03) (Entered: 09/03/2003)
08/22/200347ORDER granting 43 Motion for Extension of Time to File Certain Pretrial Motions as to Thomas Campbell Butler (1) Motions due by 9/25/2003. (Signed by Judge Sam R Cummings on 8/22/03) (UNSEALED AND REDOCKETED ON 9/3/03 PER ORDER ENTERED 8/22/03) (klw, ) (Entered: 09/03/2003)
08/22/200348ORDER granting [] Motion to Unseal Superseding Indictment, filed 8/13/03 and all pleadings and orders related to it previously sealed by this Court's Order of 6/10/03, are hereby ordered unsealed and made a matter of public record as of September 3, 2003 as to Thomas Campbell Butler (1). (Signed by Judge Sam R Cummings on 8/22/03) (klw, )(DOCUMENT UNSEALED AND REDOCKETED ON 9/3/03 PER ORDER THIS ORDER OF 8/22/03) (Entered: 09/03/2003)
08/22/200349 MOTION for Leave to File Motions in Limine and Additional Motions out of Time for Good Cause Shown by USA as to Thomas Campbell Butler (klw, )(DOCUMENT UNSEALED AND REDOCKETED ON 9/3/03 PER ORDER ENTERED 8/22/03) (Entered: 09/03/2003)
08/22/200350 MOTION for Discovery by USA as to Thomas Campbell Butler with Brief in Support. (klw, ) (DOCUMENT UNSEALED AND REDOCKETED 9/3/03 PER ORDER ENTERED 8/22/03) (Entered: 09/03/2003)
08/22/200351ORDER granting 49 Motion for Leave to File Motions in Limine and Additional Motions out of Time for Good Cause Shown as to Thomas Campbell Butler (1); Govt. permitted to file Motions in Limine no later than 10/15/03 & is permitted to file motions alleging good cause for late filing other necessary motions which will be considered by the Court. (Signed by Judge Sam R Cummings on 8/22/03) (klw, ) (DOCUMENT UNSEALED AND REDOCKETED ON 9/3/03 PER ORDER ENTERED 8/22/03) (Entered: 09/03/2003)
08/22/200352ORDER granting 50 Motion for Discovery as to Thomas Campbell Butler (1) (Signed by Judge Sam R Cummings on 8/22/03) (klw, )(DOCUMENT UNSEALED AND REDOCKETED ON 9/3/03 PER ORDER ENTERED 8/22/03) (Entered: 09/03/2003)
08/25/200353Sealed Document - placed in sealed area. (klw, )(ENTRY REDOCKETED ON 9/3/03) Modified on 9/4/2003 (klw, ). (Entered: 09/03/2003)
08/25/200354 MOTION For Bill of Particulars by Thomas Campbell Butler with Memorandum of Law. (klw, )(DOCUMENT UNSEALED AND REDOCKETED ON 9/3/03 PER ORDER ENTERED 8/22/03) (Entered: 09/03/2003)
08/25/200355 MOTION For Additional Peremptory Strikes by Thomas Campbell Butler (klw, )(DOCUMENT UNSEALED AND REDOCKETED ON 9/3/03 PER ORDER 8/22/03) (Entered: 09/03/2003)
08/25/200356 MOTION To Sever Tax Count and Contract Counts by Thomas Campbell Butler with Memorandum in Support. (klw, )(DOCUMENT UNSEALED AND REDOCKETED ON 9/3/03 PER ORDER ENTERED 8/22/03) (Entered: 09/03/2003)
08/25/200357 MOTION for Rule 16 Discovery and Inspection by Thomas Campbell Butler with Memorandum in Support. (klw, ) Modified on 9/3/2003 (klw, ).(DOCUMENT UNSEALED AND REDOCKETED 9/3/03 PER ORDER ENTERED 8/22/03) (Entered: 09/03/2003)
08/25/200358 MOTION to Suppress Defendant's Statement by Thomas Campbell Butler with Memorandum of Law. (klw, )(DOCUMENT UNSEALED AND REDOCKETED ON 9/3/03 PER ORDER ENTERED 8/22/03) (Entered: 09/03/2003)
08/25/200359 MOTION For Letter Rogatory by Thomas Campbell Butler (klw, )(DOCUMENT UNSEALED AND REDOCKETED ON 9/3/03 PER ORDER ENTERED 8/22/03) (Entered: 09/03/2003)
08/25/200360 MOTION For Pretrial Production of Jencks Act Material by Thomas Campbell Butler with Memorandum of Law. (klw, ) (DOCUMENT UNSEALED AND REDOCKETED ON 9/3/03 PER ORDER ENTERED 8/22/03) (Entered: 09/03/2003)
08/25/200361 MOTION for Leave to File Motions in Limine on Same Date as Government and For Other Related Relief by Thomas Campbell Butler (klw, )(DOCUMENT UNSEALED AND REDOCKETED ON 9/3/03 PER ORDER ENTERED ON 8/22/03) (Entered: 09/03/2003)
08/25/200362 MOTION for Pretrial Disclosure of Rule 404(b) Material by Thomas Campbell Butler with Memorandum of Law. (klw, ) (DOCUMENT UNSEALED AND REDOCKETED ON 9/3/03 PER ORDER ENTERED 8/22/03) (Entered: 09/03/2003)
08/25/200363 MOTION For Production and Inspection of Grand Jury Minutes and Materials by Thomas Campbell Butler with Memorandum. (klw, )(DOCUMENT UNSEALED AND REDOCKETED ON 9/3/03 PER ORDER ENTERED 8/22/03) (Entered: 09/03/2003)
08/25/200364 MOTION For Use of Jury Questionnaire by Thomas Campbell Butler with Memorandum of Law. (klw, ) (DOCUMENT UNSEALED AND REDOCKETED ON 9/3/03 PER ORDER ENTERED 8/22/03) (Entered: 09/03/2003)
08/25/200365 MOTION To Take Deposition of Tanzanian Witnesses by Thomas Campbell Butler with Memorandum of Law. (klw, )(DOCUMENT UNSEALED AND REDOCKETED ON 9/3/03 PER ORDER 8/22/03) (Entered: 09/03/2003)
08/25/200366 MOTION for Disclosure of Evidence to Challenge Hearsay Declarations and to Impeach by Omission by Thomas Campbell Butler with Memorandum of Law. (klw, ) (DOCUMENT UNSEALED AND REDOCKETED ON 9/3/03 PER ORDER ENTERED 8/22/03) (Entered: 09/03/2003)
08/25/200367NOTICE OF A PUBLIC AUTHORITY DEFENSE UNDER RULE 12.3 as to Thomas Campbell Butler (klw, )(DOCUMENT UNSEALED AND REDOCKETED ON 9/3/03 PER ORDER ENTERED 8/22/03) (Entered: 09/03/2003)
08/25/200368 MOTION for Production and Inspection of Brady Materials and/or Information that May Lead to Exculpatory Evidence by Thomas Campbell Butler with Memorandum of Law. (klw, )(DOCUMENT UNSEALED ON 9/3/03 PER ORDER ENTERED 8/22/03; ENTRY REDOCKETED ON 9/4/03) Modified on 9/4/2003 (klw, ). (Entered: 09/04/2003)
08/25/200369ORDER granting 60 Motion For Pretrial Production of All Jencks Act Material as to Thomas Campbell Butler (1) (Signed by Judge Sam R Cummings on 8/25/03) (klw, )(DOCUMENT UNSEALED ON 9/3/03 PER ORDER ENTERED 8/22/03; ENTRY REDOCKETED ON 9/4/03) Modified on 9/4/2003 (klw, ). (Entered: 09/04/2003)
08/25/200370ORDER granting 61 Motion for Leave to File Motions in Limine on Same Date as Government and For Other Related Relief as to Thomas Campbell Butler (1); Motions in Limine to be filed on 10/15/03; additional motions may be filed out of time for good cause shown. (Signed by Judge Sam R Cummings on 8/25/03) (klw, )(DOCUMENT UNSEALED ON 9/3/03 PER ORDER ENTERED 8/22/03; ENTRY REDOCKETED ON 9/4/03) Modified on 9/4/2003 (klw, ). (Entered: 09/04/2003)
08/25/200371ORDER granting 62 Motion for Disclosure of 404(b) Material as to Thomas Campbell Butler (1) (Signed by Judge Sam R Cummings on 8/25/03) (klw, )(DOCUMENT UNSEALED ON 9/3/03 PER ORDER ENTERED 8/22/03; ENTRY REDOCKETED ON 9/4/03) Modified on 9/4/2003 (klw, ). (Entered: 09/04/2003)
08/25/200372ORDER granting 68 Motion for Production and Inspection of Brady Materials and/or Information That May Lead to Exculpatory Evidence as to Thomas Campbell Butler (1) (Signed by Judge Sam R Cummings on 8/25/03) (klw, )(DOCUMENT UNSEALED ON 9/3/03 PER ORDER 8/22/03; ENTRY REDOCKETED ON 9/4/03) Modified on 9/4/2003 (klw, ). (Entered: 09/04/2003)
08/25/200373Sealed Document - placed in sealed area. (ENTRY REDOCKETED ON 9/4/03) (klw, ) Modified on 9/4/2003 (klw, ). (Entered: 09/04/2003)
08/25/200375ORDER as to Thomas Campbell Butler : Motion Hearing on Defendant's Motion to Suppress Defendant's Statement set for 9/25/2003 09:00 AM before Judge Sam R Cummings. (Signed by Judge Sam R Cummings on 8/26/03) (klw, )(DOCUMENT UNSEALED ON 9/3/03 PER ORDER ENTERED 8/22/03-ENTRY REDOCKETED ON 9/4/03) (Entered: 09/04/2003)
08/26/200374ORDER granting 57 Motion for Rule 16 Discovery and Inspection as to Thomas Campbell Butler (1) (Signed by Judge Sam R Cummings on 8/26/03) (klw, )(DOCUMENT UNSEALED 9/3/03 PER ORDER ENTERED 8/22/03-REDOCKETED ENTRY 9/4/03) (Entered: 09/04/2003)
08/26/200376ORDER denying 54 Motion for Bill of Particulars as to Thomas Campbell Butler (1); denying 55 Motion for Additional Peremptory Strikes as to Thomas Campbell Butler (1); and denying 56 Motion to Sever Tax Count and Contract Counts as to Thomas Campbell Butler (1) (Signed by Judge Sam R Cummings on 8/26/03) (klw, )(DOCUMENT UNSEALED ON 9/3/03 PER ORDER ENTERED 8/22/03-ENTRY REDOCKETED ON 9/4/03) (Entered: 09/04/2003)
08/29/200377Application and Order for Admission Pro Hac Vice by Daniel Carl Schwartz; Daniel Carl Schwartz added as attorney for Thomas Campbell Butler. (Signed by Judge Sam R Cummings on 8/29/03) (klw, )(DOCUMENT UNSEALED ON 9/3/03 PER ORDER ENTERED 8/22/03; ENTRY REDOCKETED ON 9/4/03) (Entered: 09/04/2003)
08/29/200378Application and Order for Admission Pro Hac Vice by Kevin J. Wolfe; Kevin J. Wolfe added as attorney for defendant Thomas Campbell Butler. (Signed by Judge Sam R Cummings on 8/29/03) (klw, )(DOCUMENT UNSEALED ON 9/3/03 PER ORDER ENTERED 8/22/03; REDOCKETED ON 9/4/03) (Entered: 09/04/2003)
08/29/200379 MOTION for Clarification or Reconsideration re 72 Order on Motion for Release of Brady Materials, by USA as to Thomas Campbell Butler (klw, )(DOCUMENT UNSEALED 9/3/03 PER ORDER ENTERED 8/22/03; REDOCKETED ENTRY ON 9/4/03) Modified on 9/4/2003 (klw, ). (Entered: 09/04/2003)
08/29/200380 MOTION to Continue Seal on Superseding Indictment and to Waive Public Arraignment by Thomas Campbell Butler with Memorandum in Support. (klw, )(DOCUMENT UNSEALED 9/3/03 PER ORDER ENTERED 8/22/03; ENTRY REDOCKETED ON 9/4/03) (Entered: 09/04/2003)
08/29/200381ORDER denying 80 Motion to Continue Seal on Superseding Indictment and to Waive Public Arraignment as to Thomas Campbell Butler (1) (Signed by Judge Sam R Cummings on 8/29/03) (klw, )(DOCUMENT UNSEALED 9/3/03 PER ORDER ENTERED 8/22/03; ENTRY REDOCKETED ON 9/4/03) (Entered: 09/04/2003)
08/29/200382DISCOVERY RECEIPT as to Thomas Campbell Butler : (klw, )(DOCUMENT UNSEALED ON 9/3/03 PER ORDER ENTERED 8/22/03; ENTRY REDOCKETED ON 9/4/03) Modified on 9/4/2003 (klw, ). (Entered: 09/04/2003)
08/29/200383DISCOVERY RECEIPT as to Thomas Campbell Butler : (klw, )(DOCUMENT UNSEALED ON 9/3/03 PER ORDER ENTERED 8/22/03; ENTRY REDOCKETED ON 9/4/03) Modified on 9/4/2003 (klw, ). (Entered: 09/04/2003)
08/29/200384DISCOVERY RECEIPT as to Thomas Campbell Butler : (klw, )(DOCUMENT UNSEALED 9/3/03 PER ORDER ENTERED 8/22/03; ENTRY REDOCKETED ON 9/4/04) (Entered: 09/04/2003)
09/02/200385RESPONSE to Motion by USA as to Thomas Campbell Butler re 64 MOTION For Use of Jury Questionnaire (klw, )(DOCUMENT UNSEALED 9/3/03 PER ORDER ENTERED 8/22/03; ENTRY REDOCKETED ON 9/4/03) (Entered: 09/04/2003)
09/02/200386RESPONSE to Motion by USA as to Thomas Campbell Butler re 63 MOTION For Production and Inspection of Grand Jury Minutes and Materials (klw, )(DOCUMENT UNSEALED 9/3/03 PER ORDER ENTERED 8/22/03; ENTRY REDOCKETED ON 9/4/03) (Entered: 09/04/2003)
09/02/200387RESPONSE to Motion by USA as to Thomas Campbell Butler re 66 MOTION for Disclosure of Evidence to Challenge Hearsay Declarations and Impeach by Omission (klw, )(DOCUMENT UNSEALED 9/3/03 PER ORDER ENTERED 8/22/03; ENTRY REDOCKETED ON 9/4/03) (Entered: 09/04/2003)
09/02/200388RESPONSE in Opposition by USA as to Thomas Campbell Butler re 67 Notice of a Public Authority Defense Under Rule 12.3 (klw, )(DOCUMENT UNSEALED 9/3/03 PER ORDER ENTERED 8/22/03; ENTRY REDOCKETED ON 9/4/03) (Entered: 09/04/2003)
09/02/2003 Rule 12.3(a)(4)(A) Request for Disclosure of Witnesses as to Thomas Campbell Butler : (klw, )(DOCUMENT UNSEALED 9/3/03 PER ORDER ENTERED 8/22/03; ENTRY REDOCKETED ON 9/4/03) (Entered: 09/04/2003)
09/02/200389Sealed Document - placed in sealed area. (klw, )(ENTRY REDOCKETED ON 9/4/03) (Entered: 09/04/2003)
09/02/200390Sealed Document - placed in sealed area. (klw, )(ENTRY REDOCKETED ON 9/4/03) (Entered: 09/04/2003)
09/03/200391Minute Entry for proceedings held before Judge Nancy M Koenig : Rearraignment Hearing as to Thomas Campbell Butler held on 9/3/03. Plea entered by Thomas Campbell Butler : Not Guilty on counts 1s-69s. Set/Reset Hearings as to Thomas Campbell Butler : Jury Trial set for 11/3/2003 09:00 AM before Judge Sam R Cummings. (Tape #1305 (3401-4080).) (klw, ) (Entered: 09/04/2003)
09/04/200392Application and Order for Admission Pro Hac Vice by Jonathan Turley for Thomas Campbell Butler (Signed by Judge Sam R Cummings on 9/4/03) (egb, ) (Entered: 09/05/2003)
09/08/200393 MOTION For Order Re: Extrajudicial Statements by Parties, Their Counsel and Their Agents by USA as to Thomas Campbell Butler (klw, ) (Entered: 09/09/2003)
09/08/200394Memorandum in Support re 93 MOTION For Order Re: Extrajudicial Statements by Parties, Their Counsel and Their Agents by USA as to Thomas Campbell Butler (attachment not scanned) (klw, ) Modified on 9/12/2003 (klw, ). Additional attachment(s) added on 9/15/2003 (klw, ). (Entered: 09/09/2003)
09/08/200395RESPONSE to Government's Request for Witness Information by Thomas Campbell Butler as to Thomas Campbell Butler : (klw, ) (Entered: 09/09/2003)
09/09/200396ORDER as to Thomas Campbell Butler : Responses due by 9/12/2003 (Signed by Judge Sam R Cummings on 9/9/03) (clf, ) (Entered: 09/09/2003)
09/09/200397RESPONSE IN OPPOSITION to Motion by USA as to Thomas Campbell Butler; re 65 MOTION To Take Deposition of Tanzanian Witnesses, and 59 MOTION For Letter Rogatory (klw, ) (Entered: 09/10/2003)
09/09/200398 MOTION for Expedited Electronic Service of Documents by Thomas Campbell Butler (klw, ) (Entered: 09/10/2003)
09/09/200399RESPONSE to Motion by USA as to Thomas Campbell Butler; re 62 MOTION for Pretrial Disclosure of Rule 404(b) Material (klw, ) (Entered: 09/10/2003)
09/09/2003100AFFIDAVIT OF SERVICE OF SUBPOENA as to Thomas Campbell Butler; subpoena for TTUHSC served by US Legal Support on TTU, General Counsel, Glenda Helfrich on 9/4/03 (klw, ) (Entered: 09/10/2003)
09/09/2003101 MOTION for Leave to File Reply to Government's Response to Defendant's Motion for Production and Inspection of Grand Jury Minutes and Materials by Thomas Campbell Butler (attachment not scanned) (klw, ) Modified on 9/12/2003 (klw, ). (Entered: 09/10/2003)
09/10/2003102RESPONSE to Motion by USA as to Thomas Campbell Butler; re 98 MOTION for Expedited Electronic Service of Documents (klw, ) (Entered: 09/10/2003)
09/11/2003103ORDER denying 98 Motion for Expedited Electronic Service of Documents as to Thomas Campbell Butler (1) (Signed by Judge Sam R Cummings on 9/11/03) (klw, ) (Entered: 09/11/2003)
09/11/2003104Supplemental Document by USA as to 93 MOTION For Order Re: Extrajudicial Statements by Parties, Their Counsel and Their Agents w/ 1 VHS tape; tape forwarded to Judge Cummings (attachments not scanned) (klw, ) (Entered: 09/11/2003)
09/11/2003105ORDER denying 59 Motion for Letter Rogatory as to Thomas Campbell Butler (1); and denying 65 Motion to Take Depositions of Tanzanian Witnesses as to Thomas Campbell Butler (1) (Signed by Judge Sam R Cummings on 9/11/03) (klw, ) (Entered: 09/11/2003)
09/12/2003106RESPONSE to Motion by Thomas Campbell Butler re 93 MOTION For Order Re: Extrajudicial Statements by Parties, Their Counsel and Their Agents (attachment not scanned) (klw, ) Modified on 9/12/2003 (klw, ). (Entered: 09/12/2003)
09/12/2003107ORDER RE; EXTRAJUDICIAL STATTEMENTS BY PARTIES, THEIR COUNSEL AND AGENTS granting 93 Motion for Order: Re: Extrajudicial Statements by Parties, Their Counsel and Agents as to Thomas Campbell Butler (1); (SEE ORDER FOR SPECIFIC DETAILS) (Order manually faxed to all counsel for defense and AUSA) (Signed by Judge Sam R Cummings on 9/12/03) (klw, ) (Entered: 09/12/2003)
09/12/2003108ORDER denying 64 Motion For Use of Jury Questionnaire as to Thomas Campbell Butler (1) (Signed by Judge Sam R Cummings on 9/12/03) (klw, ) (Entered: 09/12/2003)
09/12/2003109ORDER denying 66 Motion for Disclosure of Evidence to Challenge Hearsay Declarations and to Impeach by Omission as to Thomas Campbell Butler (1) (Signed by Judge Sam R Cummings on 9/12/03) (klw, ) (Entered: 09/12/2003)
09/12/2003110ORDER denying 63 Motion for Production and Inspection of Grand Jury Minutes and Materials as to Thomas Campbell Butler (1) (Signed by Judge Sam R Cummings on 9/12/03) (klw, ) (Entered: 09/12/2003)
09/12/2003111ORDER denying 101 Motion for Leave to File Reply to Government's Response to Defendant's Motion for Production and Inspection of Grand Jury Minutes and Materials as to Thomas Campbell Butler (1) (Signed by Judge Sam R Cummings on 9/12/03) (klw, ) (Entered: 09/12/2003)
09/12/2003112OBJECTIONS to "Subpoena in a Criminal Case" and MOTION to Quash by Texas Tech University Health Sciences Center as to Thomas Campbell Butler (klw, ) (Entered: 09/12/2003)
09/12/2003113ORDER as to Thomas Campbell Butler : The Government and Defendant shall file responses to TTUHSC's Objections to "Subpoena in a Criminal Case" and Motion to Quash by 9:00 a.m. on 9/17/03. (Signed by Judge Sam R Cummings on 9/12/03) (klw, ) (Entered: 09/12/2003)
09/16/2003114 MOTION to Compel Production of Certain Brady Material by Thomas Campbell Butler with Memorandum of Law. (klw, ) (Entered: 09/16/2003)
09/16/2003115ORDER granting 79 Motion for Clarification or Reconsideration of Court's Order on Brady Material as to Thomas Campbell Butler (1) (Signed by Judge Sam R Cummings on 9/16/03) (klw, ) (Entered: 09/16/2003)
09/17/2003116RESPONSE by USA to Order re 113 Order,, Set Deadlines,; Re: TTUHSC's Objections to "Subpoena in a Criminal Case" and Motion to Quash (klw, ) (Entered: 09/17/2003)
09/17/2003117Sealed Document - placed in sealed area (klw, ) (Entered: 09/17/2003)
09/17/2003118Sealed Document - placed in sealed area (klw, ) (Entered: 09/17/2003)
09/17/2003119ORDER granting 112 Motion to Quash by TTUHSC as to Thomas Campbell Butler (1); Ordering that the subpoena is therefore oppressive and unreasonable and must be quashed in its entirety. (Signed by Judge Sam R Cummings on 9/17/03) (klw, ) (Entered: 09/17/2003)
09/19/2003120 MOTION for Clarification of Government's Response to Defendant's Motion for Pre-Trial Disclosure of Rule 404(b) Material by Thomas Campbell Butler (egb, ) (Entered: 09/19/2003)
09/22/2003121Sealed Document - placed in sealed area. (klw, ) (Entered: 09/22/2003)
09/22/2003122RESPONSE to Motion by USA as to Thomas Campbell Butler re 114 MOTION to Compel Production of Certain Brady Material (klw, ) (Entered: 09/22/2003)
09/23/2003123ORDER AFTER IN CAMERA REVIEW OF FBI SPECIAL AGENTS ORNDORFF, FISH AND GREEN'S PERSONNEL FILES as to Thomas Campbell Butler : Finding that the files of these three agents contain no Brady, Giglio or other material favorable to the defendant, or other material or evidence of adverse administrative or personnel actions that reflect on the credibility of the witnesses; Ordering that the files be returned to Supervisory Senior Resident Agent Miles Burden to be returned to Chief Division Counsel Wilbur Gregory; Ordering that Chief Division Counsel Wilbur Gregory maintain the files in a manner that will document the personnel records of the three individual agents which the Court reviewed in camera for purposes of appellate review, & that Special Agent Gregory immediately inform the Court of any substantiated adverse personnel findings relating to the three agents during the pendency of this case, if such should occur. (Signed by Judge Sam R Cummings on 9/23/03) (klw, ) (Entered: 09/23/2003)
09/23/2003125ORDER denying 120 Motion for Clarification of Government's Response to Defendant's Motion for Pre-Trial Disclosure of Rule 404(b) Material as to Thomas Campbell Butler (1) (Signed by Judge Sam R Cummings on 9/23/03) (klw, ) (Entered: 09/23/2003)
09/23/2003124RESPONSE to Motion by USA as to Thomas Campbell Butler re 120 MOTION for Clarification of Government's Response to Defendant's Motion for Pre-Trial Disclosure of Rule 404(b) Material (klw, ) (Entered: 09/23/2003)
09/23/2003126PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW by USA as to Thomas Campbell Butler re 58 MOTION to Suppress (klw, ) (Entered: 09/23/2003)
09/23/2003127MEMORANDUM IN AID OF HEARING ON MOTION TO SUPPRESS by USA as to Thomas Campbell Butler re 58 MOTION to Suppress; (attachments not scanned) (klw, ) (Entered: 09/23/2003)
09/24/2003128ORDER AFTER IN CAMERA REVIEW OF FBI SUPERVISORY SENIOR SPECIAL AGENT MILES BURDEN'S PERSONNEL FILE as to Thomas Campbell Butler : the Court finding that the files of Senior Specialist Resident Agent Miles Burden contain no Henthorn, Brady, Giglio, or other material favorable to the defendant, or other material or evidence of adverse administrative or personnel actions that reflect on the credibility of said witness, IT IS THEREFORE ORDERED that Senior Specialist Resident Agent Miles Burden's file be returned to Chief Division Counsel Wilbur Gregory. IT IS FURTHER ORDERED that Chief Division Counsel Wilbur Gregory maintain the file in a manner that will document the personnel records of Senior Specialist Resident Agent Miles Burden which the Court reviewed in camera for purposes of appellate review, and that Special Agent Gregory immediately inform the Court of any substantiated adverse personnel findings relating to Senior Special Resident Agent Miles Burden during the pendency of this case if such should occur. (Signed by Judge Sam R Cummings on 9/24/03) (egb, ) (Entered: 09/24/2003)
09/24/2003129Affidavit of Service on subpoena served on Jeff Baker, Lubbock Police Deparment 9/19/03 as to Thomas Campbell Butler : (egb, ) (Entered: 09/24/2003)
09/24/2003130 MOTION for In Camera Hearing on Motion to Suppress by Thomas Campbell Butler (egb, ) (Entered: 09/24/2003)
09/24/2003131RESPONSE to Motion by USA as to Thomas Campbell Butler re 130 MOTION for In Camera Hearing on Motion to Suppress (egb, ) (Entered: 09/24/2003)
09/25/2003132 MOTION for Recusal by Thomas Campbell Butler with Memorandum in Support. (klw, ) (Entered: 09/25/2003)
09/25/2003133 MOTION to Dismiss Count 62 or to Strike "Knowing" Language in Count 62 by Thomas Campbell Butler with Memorandum in Support. (klw, ) (Entered: 09/25/2003)
09/25/2003134 MOTION to Strike Prejudicial Surplusage in Count 63 by Thomas Campbell Butler with Memorandum in Support. (klw, ) (Entered: 09/25/2003)
09/25/2003135 MOTION to Reconsider Ruling Denying Access to Foreign Evidence by Thomas Campbell Butler with Memorandum in Support. (klw, ) (Entered: 09/25/2003)
09/25/2003136 MOTION for Hearing and Discovery Concerning Potential Grand Jury Abuse by Thomas Campbell Butler (attachments not scanned)with Memorandum in Support. (klw, ) (Entered: 09/25/2003)
09/25/2003137 MOTION for Change of Venue by Thomas Campbell Butler (attachments not scanned)with Memorandum in Support. (klw, ) (Entered: 09/25/2003)
09/25/2003138ORDER denying 130 Motion for in Camera Hearing on Motion to Suppress as to Thomas Campbell Butler (1) (Signed by Judge Sam R Cummings on 9/25/03) (klw, ) (Entered: 09/25/2003)
09/25/2003139ORDER denying 132 Motion for Recusal as to Thomas Campbell Butler (1); and denying 135 Motion to Reconsider Ruling Denying Access to Foreign Evidence as to Thomas Campbell Butler (1) (Signed by Judge Sam R Cummings on 9/25/03) (klw, ) (Entered: 09/25/2003)
09/25/2003140ORDER regarding defendant's Motion to Suppress Defendant's Statement as to Thomas Campbell Butler : The Court concludes that the statement in question was freely and voluntarily given by the Defendant Butler after he had been given the Miranda warnings on two occasions and after he waived his constitutional rights. There was no overreaching, coercion, or deception on the part of the FBI. The written statement of the Defendant Butler given to the FBI on 1/15/03, shall thus be admissible at time of trial. (Signed by Judge Sam R Cummings on 9/25/03) (klw, ) (Entered: 09/25/2003)
09/25/2003141Minute Entry for proceedings held before Judge Sam R Cummings : Motion Hearing as to Thomas Campbell Butler held on 9/25/03 re 58 MOTION to Suppress filed by Thomas Campbell Butler (Court Reporter Mechelle Daniel.) (klw, ) (Entered: 09/25/2003)
09/29/2003142 MOTION to Exclude Testimony of Government Witnesses Regarding the Public Authority and Entrapment by Estoppel Defenses by Thomas Campbell Butler with Memorandum in Support. (klw, ) (Entered: 09/29/2003)
09/29/2003143Rule 12.3(a)(4)(C) REPLY of Witnesses It Intends to Rely on to Oppose Defendant's Public-Authority Defense and RESPONSE by USA as to Thomas Campbell Butler re 142 MOTION to Exclude Testimony of Government Witnesses Regarding the Public Authority and Entrapment by Estoppel Defenses (klw, ) (Entered: 09/29/2003)
09/30/2003144ORDER denying 142 Motion to Exclude Testimony of Government Witnesses Regarding the Public Authority and Entrapment by Estoppel Defenses as to Thomas Campbell Butler (1) and granting United States additional time to comply with Rule 12.3(a)(5), FRCrP and is permitted to file its notice this date. (Signed by Judge Sam R Cummings on 9/30/03) (klw, ) (Entered: 09/30/2003)
10/02/2003145ORDER AFTER SECOND IN CAMERA REVIEW OF FBI SUPERVISORY SENIOR SPECIAL AGENT MILES BURDEN'S PERSONNEL FILE as to Thomas Campbell Butler : ORDERING that Senior Special Resident Agent Miles Burden's personnel file be returned to Chief Division Counsel Wilbur Gregory; that Chief Division Counsel Wilbur Gregory maintain the personnel file in a manner that will document the personnel records of Senior Special Resident Agent Miles Burden which the Court reviewed in camera for purposes of appellate review; and that Special Agent Gregory immediately inform the Court of any substantiated adverse personnel findings relating to Senior Special Resident Agent Miles Burden during the pendency of this case if such should occur. It is further ORDERED that the Clerk provide a copy of this "Order After Second In Camera Review of Supervisory Senior Special Agent Miles Burden's Personnel File" to defense and government counsel. Copies to all counsel of record. (Signed by Judge Sam R Cummings on 10/2/03) (klw, ) (Entered: 10/02/2003)
10/02/2003146Sealed Document - placed in sealed area. (klw, ) (Entered: 10/02/2003)
10/02/2003147ORDER AFTER FBI POLYGRAPH MANUAL IN CAMERA REVIEW as to Thomas Campbell Butler : Court FINDS no inconsistencies in Agent Greens' testimony when compared with the contents of the Manual that would constitute inconsistent statements or other material which would constitute impeachment material. The Court FURTHER FINDS that the FBI Polygraph Manual does not contain Brady material, is classified "Secret" and is not subject to disclosure to the defense. Accordingly, the Government does not have to provide the FBI Polygraph Manual to the defense. It is Ordered that the FBI Polygraph Manual be returned to the custody of FBI Special Agent Dale Green. It is Further Ordered that the Clerk provide a copy of this "Order After FBI Polygraph Manual In Camera Submission" to prosecution and defense counsel. Copies to all counsel of record. (Signed by Judge Sam R Cummings on 10/2/03) (klw, ) (Entered: 10/02/2003)
10/02/2003148 MOTION to Continue Trial Setting by Thomas Campbell Butler with Memorandum in Support. (attachments not scanned) (klw, ) Modified on 10/3/2003 (klw, ). (Entered: 10/03/2003)
10/03/2003149ORDER denying 148 Motion to Continue Trial Setting as to Thomas Campbell Butler (1) (Signed by Judge Sam R Cummings on 10/2/03) (klw, ) (Entered: 10/03/2003)
10/03/2003150DISCOVERY RECEIPT as to Thomas Campbell Butler signed by attorney for dft: (klw, ) (Entered: 10/03/2003)
10/06/2003151RESPONSE to Motion by USA as to Thomas Campbell Butler re 134 MOTION to Strike Prejudicial Surplusage in Count 63 (klw, ) (Entered: 10/06/2003)
10/06/2003152RESPONSE to Motion by USA as to Thomas Campbell Butler re 137 MOTION for Change of Venue and Brief in Support (klw, ) (Entered: 10/06/2003)
10/07/2003153ORDER denying 134 Motion to Strike Prejudicial Surplusage in Count 63 as to Thomas Campbell Butler (1) (Signed by Judge Sam R Cummings on 10/7/03) (klw, ) (Entered: 10/07/2003)
10/07/2003154ORDER denying 137 Motion for Change of Venue as to Thomas Campbell Butler (1) (Signed by Judge Sam R Cummings on 10/7/03) (klw, ) (Entered: 10/07/2003)
10/07/2003155RESPONSE to Motion by USA as to Thomas Campbell Butler re 136 MOTION for Hearing and Discovery Concerning Potential Grand Jury Abuse (attachments not scanned) (klw, ) Modified on 10/7/2003 (klw, ). (Entered: 10/07/2003)
10/08/2003156RESPONSE to Motion by USA as to Thomas Campbell Butler re 133 MOTION to Dismiss Count 62 or to Strike "Knowing" Language in Count 62 (klw, ) (Entered: 10/08/2003)
10/08/2003157ORDER denying 136 Motion for Hearing and Discovery Concerning Potential Grand Jury Abuse as to Thomas Campbell Butler (1) (Signed by Judge Sam R Cummings on 10/8/03) (klw, ) (Entered: 10/08/2003)
10/08/2003158SECOND RESPONSE to Motion by USA as to Thomas Campbell Butler re 62 MOTION for Pre-Trial Disclosure of Rule 404(b) Material (klw, ) (Entered: 10/08/2003)
10/09/2003159 MOTION for Relief Under The Sixth Amendment, Brady, Fed. R. Crim. P. 16, Fed. R. Evid. 705, And The Clasified Information Procedures Act by Thomas Campbell Butler with Incorporated Memorandum of Law(egb, ) (Entered: 10/09/2003)
10/14/2003160RULE 16(a)(1)(G) EXPERT WITNESS SUMMARY by USA as to Thomas Campbell Butler (attachments not scanned) (klw, ) (Entered: 10/14/2003)
10/14/2003161 MOTION in Limine by USA as to Thomas Campbell Butler with Brief in Support. (klw, ) (Entered: 10/14/2003)
10/14/2003162RULE 16(a)(1)(G) EXPERT WITNESS SUMMARY by USA as to Thomas Campbell Butler (attachments not scanned)(klw, ) (Entered: 10/14/2003)
10/14/2003163AMENDED DOCUMENT by USA. Amendment to 161 MOTION in Limine. (egb, ) (Entered: 10/14/2003)
10/14/2003164 MOTION in Limine Number 2 Regarding Exculpatory Statements in Defendant's Confession by USA as to Thomas Campbell Butler (egb, ) (Entered: 10/14/2003)
10/14/2003165ORDER denying 133 Motion to Dismiss as to Thomas Campbell Butler (1) (Signed by Judge Sam R Cummings on 10/14/03) (egb, ) (Entered: 10/14/2003)
10/14/2003166ORDER as to Thomas Campbell Butler : Responses due by 9:00 a.m. 10/22/2003 to Government's Amended Motion in Limine and Motion in Limine 2 Regarding Exculpatory Statements in Defendant's Confession (Signed by Judge Sam R Cummings on 10/14/03) (egb, ) (Entered: 10/14/2003)
10/14/2003167 MOTION to Disclose Identity of Pleading by Thomas Campbell Butler (egb, ) (Entered: 10/15/2003)
10/15/2003168ORDER as to Thomas Campbell Butler : The following procedures shall govern courthouse security and protocol during this trial: (1) All spectators shall be suitably dressed. No garments or buttons of any kind with messages or symbols will be permitted. No insignia identifying a spectator with any club or organization will be permitted. (2) Spectators shall be observers only. Any spectator, vocally or otherwise, demonstrating an opinion or agreement or disagreement with anything said in the courtoom will be removed from the courtroom and not readmitted. (3) No children under the age of six (6) will be permitted in the courtroom. (4) No spectators, including the media, will be allowed to leave or enter the courtroom other than at recesses. (5) No spectators, media, attorneys, clients, or witnesses will be permitted to bring onto the second floor any of the following items: (a) weapons (b) cellphones (c) pagers or beepers (d) cameras (e) recorders (f) newspapers or magazines (g) umbrellas (h) briefcases (excluding counsel of record) or luggage. Purses will be subject to search. (6) No smoking is permitted in the George H. Mahon Federal Building and United States Courthouse. (7) No food, water, other drink, tobacco, or gum shall be brought onto the second floor by spectators, media, attorneys, clients, or witnesses. (8) The United States Marshal is hereby directed to assist the Court in carrying out this Order. (9) The Clerk is hereby directed to post this Order on the Court's website and in the public area of the Clerk's office. (Signed by Judge Sam R Cummings on 10/15/03) (egb, ) (Entered: 10/15/2003)
10/15/2003169ORDER as to Thomas Campbell Butler : Counsel for the Government and the Defendant shall each have one hour to ask questions during voir dire examination, and each side shall have one hour for opening statements. IT IS SO ORDERED. (Signed by Judge Sam R Cummings on 10/15/03) (egb, ) (Entered: 10/15/2003)
10/15/2003170DISCOVERY RECEIPT as to Thomas Campbell Butler signed by attorney representative for defendant : (egb, ) (Entered: 10/15/2003)
10/15/2003171 MOTION in Limine Regarding Computer Hard Drives and Evidence of Downloaded Materials by Thomas Campbell Butler (egb, ) (Entered: 10/16/2003)
10/15/2003172 MOTION in Limine Regarding Irrelevant and Prejudicial Matters by Thomas Campbell Butler with Memorandum in Support. (egb, ) (Entered: 10/16/2003)
10/15/2003173 MOTION in Limine to Exclude Certain Expert Evidence by Thomas Campbell Butler with Memorandum in Support. (egb, ) (Entered: 10/16/2003)
10/15/2003174 MOTION in Limine to Exclude TTUHSC's Operating Policies and Procedures by Thomas Campbell Butler with Memorandum in Support. (egb, ) (Entered: 10/16/2003)
10/15/2003175 MOTION in Limine Regarding Overview and Summary Witnesses by Thomas Campbell Butler with Memorandum in Support. (egb, ) (Entered: 10/16/2003)
10/15/2003176 MOTION in Limine Regarding Polygraph Evidence by Thomas Campbell Butler with Memorandum in Support. (egb, ) (Entered: 10/16/2003)
10/16/2003177ORDER AFTER AGENCY REVIEW OF DEPARTMENT OF COMMERCE, OFFICE OF EXPORT ENFORCEMENT SPECIAL AGENT JANET FINNEGAN'S PERSONNEL FILE as to Thomas Campbell Butler : Ordering that the Government is not required to disclose the personnel records of Special Agent Janet Finnegan to the defense, and it is unnecessary for the Department of Commerce, Office of Export Enforcement to submit the said personnel file to the Court for further in camera review. FURTHER ORDERING that Acting Asst. Sec. for Export Enforcement Lisa A. Prager maintain the file in a manner which will document the personnel records of Spec. Agent Janet Finnegan which underwent Agency review for purposes of appellate review and that she immediately inform the Court of any substantiated adverse personnel findings relating to Spec. Agent Janet Finnegan during the pendency of this case if such should occur. The Clerk is ORDERED to maintain the letter of Lisa A. Prager, dated 10/14/03, for the purposes of appellate review, if necessary, and to furnish a copy of this Order to prosecution and defense attorneys. (Signed by Judge Sam R Cummings on 10/16/03) (klw, ) (Entered: 10/16/2003)
10/16/2003178Sealed Document - placed in sealed area (klw, ) (Entered: 10/16/2003)
10/16/2003179ORDER as to Thomas Campbell Butler : Responses to six Motions in Limine filed by Defendant on Oct. 15, 2003, shall be filed by 9:00 a.m. on 10/23/2003. (Signed by Judge Sam R Cummings on 10/16/03) (klw, ) (Entered: 10/16/2003)
10/17/2003180SECOND MOTION for Continuance (of Trial date) by Thomas Campbell Butler (attachments not scanned) (klw, ) (Entered: 10/17/2003)
10/17/2003181RESPONSE to Motion by USA as to Thomas Campbell Butler re 175 MOTION in Limine Regarding the Use of Summary Witnesses (klw, ) (Entered: 10/17/2003)
10/17/2003182ORDER denying 175 Motion in Limine Regarding Overview and Summary Witnesses as to Thomas Campbell Butler (1) (Signed by Judge Sam R Cummings on 10/17/03) (klw, ) (Entered: 10/17/2003)
10/17/2003183ORDER as to Thomas Campbell Butler : Government to file its Response to Defendant's Second Motion for Continuance by 9:00 on 10/22/03. (Signed by Judge Sam R Cummings on 10/17/03) (klw, ) (Entered: 10/17/2003)
10/20/2003184RESPONSE to Motion by USA as to Thomas Campbell Butler re 167 MOTION to Disclose Identity of Pleading (klw, ) (Entered: 10/20/2003)
10/20/2003185ORDER AFTER AGENCY REVIEW OF INTERNAL REVENUE SERVICE CRIMINAL INVESTIGATION DIVISION SPECIAL AGENT MIKE E. METZLER'S PERSONNEL FILE as to Thomas Campbell Butler : Ordering that the government is not required to disclose the personnel records of Special Agent Mike E. Metzler to the defense and that it is unnecessary for the IRS-CID to submit the said personnel file to the Court for further in camera review. It is further Ordered that Special Agent in Charge Michael D. Lacenski maintain the file in a manner which will document the personnel records of Special Agent Metzler which underwent Agency review for purposes of appellate review, and that he immediately inform the Court of any substantiated adverse personnel findings relating to Special Agent Metzler during the pendency of this case if such should occur. The Clerk is Ordered to maintain the letter of Michael D. Lacenski, dated 10/16/03, for purposes of appellate review, if necessary, and to furnish a copy of this Order to prosecution and defense attorneys. Copies to counsel of record. (Signed by Judge Sam R Cummings on 10/20/03) (klw, ) (Entered: 10/20/2003)
10/20/2003186Sealed Document - placed in sealed area (klw, ) (Entered: 10/20/2003)
10/20/2003187CONSOLIDATED RESPONSE to Motions by USA as to Thomas Campbell Butler re 176 MOTION in Limine Regarding Polygraph Evidence, and 159 MOTION for Relief Under the Sixth Amendment, Brady, Fed. R. Crim. P. 16, Fed. R. Evid. 705, and the Clasified Information Procedures Act (klw, ) (Entered: 10/20/2003)
10/20/2003188 MOTION for Hearing Regarding Untimely Discovery by Thomas Campbell Butler (klw, ) (Entered: 10/20/2003)
10/21/2003189ORDER as to Thomas Campbell Butler : Government's Response to Defendant's Motion for Hearing Regarding Untimely Discovery shall be filed by 9:00 a.m. on 10/24/03. (Signed by Judge Sam R Cummings on 10/21/03) (klw, ) (Entered: 10/21/2003)
10/21/2003190RESPONSE to Motion by USA as to Thomas Campbell Butler re 172 MOTION in Limine Regarding Irrelevant and Prejudicial Matters. (klw, ) (Entered: 10/21/2003)
10/21/2003191RESPONSE to Motion by USA as to Thomas Campbell Butler re 174 MOTION in Limine to Exclude TTUHSC's Policies. (klw, ) (Entered: 10/21/2003)
10/21/2003192ORDER granting in part and denying in part 172 Motion in Limine Regarding Irrelevant and Prejudicial Matters as to Thomas Campbell Butler (1) (Signed by Judge Sam R Cummings on 10/21/03) (klw, ) Modified on 10/21/2003 (klw, ). (Entered: 10/21/2003)
10/21/2003193ORDER denying 174 Motion in Limine to Exclude TTUHSC's Operating Policies and Procedures as to Thomas Campbell Butler (1) (Signed by Judge Sam R Cummings on 10/21/03) (klw, ) (Entered: 10/21/2003)
10/21/2003194Supplemental Document by Thomas Campbell Butler as to 180 SECOND MOTION to Continue (trial date) (attachments not scanned) (klw, ) (Entered: 10/21/2003)
10/22/2003195RESPONSE to Motion by Thomas Campbell Butler re 164 MOTION in Limine Number 2 Regarding Exculpatory Statements in Defendant's Confession. (klw, ) (Entered: 10/22/2003)
10/22/2003196RESPONSE to Motion by Thomas Campbell Butler re 161 MOTION in Limine and 163 AMENDED MOTION in Limine (klw, ) (Entered: 10/22/2003)
10/22/2003197RESPONSE to Motion by USA as to Thomas Campbell Butler re 171 MOTION in Limine Regarding Computer Hard Drives and Evidence of Downloaded Materials. (attachments not scanned)(klw, ) (Entered: 10/22/2003)
10/22/2003198RESPONSE to Motion by USA as to Thomas Campbell Butler re 173 MOTION in Limine to Exclude Certain Expert Evidence and Incorporated Memorandum of Law (klw, ) (Entered: 10/22/2003)
10/22/2003199ORDER denying 171 Motion in Limine Regarding Computer Hard Drives and Evidence of Downloaded Materials as to Thomas Campbell Butler (1). (Signed by Judge Sam R Cummings on 10/22/03) (klw, ) (Entered: 10/22/2003)
10/22/2003200ORDER granting in part and denying in part 161 Motion in Limine/ 163 Amended Motion in Limine as to Thomas Campbell Butler (1). (Signed by Judge Sam R Cummings on 10/22/03) (klw, ) (Entered: 10/22/2003)
10/22/2003201ORDER granting 164 Motion in Limine Number 2 Regarding Exculpatory Statements in Defendant's Confession as to Thomas Campbell Butler (1). (Signed by Judge Sam R Cummings on 10/22/03) (klw, ) (Entered: 10/22/2003)
10/22/2003202ORDER denying as moot 159 Motion for Relief under the Sixth Amendment, Brady, Fed. R. Crim. P. 16, Fed. R. Evid. 705, and CIPA as to Thomas Campbell Butler (1); and granting 176 Motion in Limine Regarding Polygraph Evidence as to Thomas Campbell Butler (1) (Signed by Judge Sam R Cummings on 10/22/03) (klw, ) (Entered: 10/22/2003)
10/22/2003203Second Supplemental Document by Thomas Campbell Butler as to 180 MOTION to Continue (trial date) (klw, ) (Entered: 10/22/2003)
10/22/2003204Consolidated RESPONSE to Motions by USA as to Thomas Campbell Butler re 188 MOTION for Hearing Regarding Untimely Disclosure and 180 MOTION to Continue (trial date) and Supplement to Second Motion for Continuance.(attachments not scanned) (klw, ) (Entered: 10/22/2003)
10/23/2003205ORDER denying 173 Motion in Limine to Exclude Certain Expert Evidence as to Thomas Campbell Butler (1) (Signed by Judge Sam R Cummings on 10/22/03) (klw, ) (Entered: 10/23/2003)
10/23/2003206ORDER denying 180 Motion to Continue (trial date) as to Thomas Campbell Butler (1); and denying 188 Motion for Hearing Regarding Untimely Discovery as to Thomas Campbell Butler (1). (Signed by Judge Sam R Cummings on 10/22/03) (klw, ) (Entered: 10/23/2003)
10/23/2003207REPLY TO RESPONSE to Motion by Thomas Campbell Butler re 180 MOTION to Continue (trial date) (attachments not scanned) (klw, ) (Entered: 10/23/2003)
10/24/2003208ORDER as to Thomas Campbell Butler : Ordering that after 9:00 a.m. on Monday, October 27, 2003, no additional motions shall be filed without first obtaining leave of court. (Signed by Judge Sam R Cummings on 10/24/03) (klw, ) (Entered: 10/24/2003)
10/24/2003209ORDER denying as moot 167 Motion to Disclose Identity of Pleading as to Thomas Campbell Butler (1) (Signed by Judge Sam R Cummings on 10/24/03) (klw, ) (Entered: 10/24/2003)
10/24/2003210ORDER AFTER AGENCY REVIEW OF BUREAU OF IMMIGRATION & CUSTOMS ENFORCEMENT SPECIAL AGENTS GLENN MEEKS, KEVIN CASEY AND INTELLIGENCE RESEARCH SPECIALIST JOHN WACHTEL'S PERSONNEL FILES as to Thomas Campbell Butler : Ordering that the government is not required to disclose the personnel records of Senior Special Agent Glenn Meeks, Senior Special Agent Kevin Casey, and Intelligence Research Specialist John Wachtel to the defense, and it is unnessary for the agency to submit the said personnel file to the Court for further in camera review. It is Further Ordered that Associate Chief Counsel James N. DeStefano maintain the files in a manner which will document the personnel records of Senior Special Agent Glenn Meeks, Senior Special Agent Kevin Casey, and Intelligence Research Specialist John Wachtel which underwent agency review for purposes of appellate review, and that he immediately inform the Court of any substantiated adverse personnel findings relating to these agents or open Internal Affairs investigations during the pendency of this case if such should occur. Additionally, should the Office of the US Attorney be advised of any open Internal Affairs investigations by the Office of Internal Affairs, that office is ORDERED to immediately notify the Court. The Clerk is ORDERED to maintain the letter of Associate Chief Counsel James N. DeStefano, dated 10/23/03, for purposes of appellate review, if necessary. (Signed by Judge Sam R Cummings on 10/24/03) (klw, ) (Entered: 10/24/2003)
10/24/2003211Sealed Document - placed in sealed area. (klw, ) (Entered: 10/24/2003)
10/24/2003212 MOTION to Require the Government Not to Dismiss Any Witness Which has Previously Been Served with Government Subpoena by Thomas Campbell Butler (klw, ) (Entered: 10/24/2003)
10/24/2003213RULE 16(A)(1)(G) EXPERT WITNESS SUMMARY FOR HEMPHILL, LITTLEJOHN, GAGE AND JOHNSON as to Thomas Campbell Butler : (egb, ) (Entered: 10/27/2003)
10/27/2003214Defendant's Retained Expert Witness Designations (egb, ) (Entered: 10/27/2003)
10/27/2003215NOTICE OF LENGTH OF TRIAL as to Thomas Campbell Butler by USA (egb, ) (Entered: 10/27/2003)
10/27/2003216Proposed Jury Instructions by Thomas Campbell Butler (egb, ) (Entered: 10/27/2003)
10/27/2003217Proposed (Requested) Jury Instructions by USA as to Thomas Campbell Butler (egb, ) (Entered: 10/27/2003)
10/27/2003218ORDER denying 212 Motion to Require the Government Not to Dismiss Any Witness Which Has Previously Been Served with Government Subpoena as to Thomas Campbell Butler (1) (Signed by Judge Sam R Cummings on 10/27/03) (egb, ) (Entered: 10/27/2003)
10/27/2003219NOTICE of Length of Trial as to Thomas Campbell Butler (klw, ) (Entered: 10/28/2003)
10/28/2003220AFFIDAVIT OF SERVICE ON SUBPOENA as to Thomas Campbell Butler : Michael D. Burns personally served subpoena on 10/27/03. (klw, ) (Entered: 10/28/2003)
10/28/2003221AVVIDAVIT OF SERVICE ON SUBPOENA as to Thomas Campbell Butler : Michael Jones served subpoena on 10/27/03 by service on Glenda Helfrich, General Counsel, TTUHSC. (klw, ) (Entered: 10/28/2003)
10/28/2003222AFFIDAVIT OF SERVICE ON SUBPOENA as to Thomas Campbell Butler : Lynne T. Frame personally served subpoena on 10/27/03. (klw, ) (Entered: 10/28/2003)
10/28/2003223Receipt for Return of Passport as to Thomas Campbell Butler Passport Number 150626661 issued by USA; Passport returned to FBI. Release ok'd orally by Mag. Judge Koenig. (klw, ) (Entered: 10/29/2003)
10/29/2003224WITNESS LIST by Thomas Campbell Butler (klw, ) (Entered: 10/29/2003)
10/29/2003225EXHIBIT LIST by Thomas Campbell Butler (klw, ) (Entered: 10/29/2003)
10/29/2003226WITNESS LIST by USA as to Thomas Campbell Butler (klw, ) (Entered: 10/29/2003)
10/29/2003227EXHIBIT LIST by USA as to Thomas Campbell Butler (klw, ) (Entered: 10/29/2003)
10/29/2003228RETURN OF SERVICE ON SUBPOENA as to Thomas Campbell Butler : Cathy McVay personally served subpoena on 10/29/03. (klw, ) (Entered: 10/29/2003)
10/29/2003229RETURN OF SERVICE ON SUBPOENA as to Thomas Campbell Butler : LaJean Chaffin personally served subpoena on 10/29/03. (klw, ) (Entered: 10/29/2003)
10/29/2003230RETURN OF SERVICE ON SUBPOENA as to Thomas Campbell Butler : Deniese Smith personally served subpoena on 10/29/03. (klw, ) (Entered: 10/29/2003)
10/30/2003231DISCOVERY RECEIPT as to Thomas Campbell Butler : (klw, ) (Entered: 10/30/2003)
10/31/2003232 MOTION for Leave to File Defendant's Request to Instruct Potential Juror Under Seal by Thomas Campbell Butler (klw, ) (Entered: 10/31/2003)
10/31/2003233 MOTION for Leave to File Second Motion in Limine and MOTION to Seal Second Motion in Limine by USA as to Thomas Campbell Butler (klw, ) (Entered: 10/31/2003)
10/31/2003234ORDER granting 233 Motion for Leave to File Second Motion in Limine as to Thomas Campbell Butler (1) and granting 233 Motion to Seal Second Motion in Limine as to Thomas Campbell Butler (1) (Signed by Judge Sam R Cummings on 10/31/03) (klw, ) (Entered: 10/31/2003)
10/31/2003235Sealed Document - placed in sealed area. (klw, ) (Entered: 10/31/2003)
10/31/2003236Sealed Document - placed in sealed area. (klw, ) (Entered: 10/31/2003)
10/31/2003237ORDER as to Thomas Campbell Butler : In regard to any bench conferences or chamber conferences, only one attorney from the Government and one attorney from the Defense shall attend such conferences. (Signed by Judge Sam R Cummings on 10/31/03) (klw, ) (Entered: 10/31/2003)
10/31/2003238TRIAL BRIEF on Introduction and Use of Character Evidence and Incorporated Memorandum of Law by Government as to Thomas Campbell Butler : (klw, ) (Entered: 10/31/2003)
10/31/2003239RETURN OF SERVICE ON SUBPOENA as to Thomas Campbell Butler : Floyd Pirtle personally served subpoena on 10/30/03. (klw, ) (Entered: 10/31/2003)
10/31/2003240RETURN OF SERVICE ON SUBPOENA as to Thomas Campbell Butler : John Marshall Orem personally served subpoena on 10/30/03. (klw, ) (Entered: 10/31/2003)
10/31/2003241RETURN OF SERVICE ON SUBPOENA as to Thomas Campbell Butler : Don May personally served subpoena on 10/29/03. (klw, ) (Entered: 10/31/2003)
10/31/2003242RETURN OF SERVICE ON SUBPOENA as to Thomas Campbell Butler : Shirley Berry personally served subpoena on 10/29/03. (klw, ) (Entered: 10/31/2003)
11/03/2003243AMENDED EXHIBIT LIST by USA as to Thomas Campbell Butler (klw, ) (Entered: 11/03/2003)
11/03/2003244LIST OF ADMITTED EXHIBITS by Thomas Campbell Butler (klw, ) (Entered: 11/03/2003)
11/03/2003245FIRST SUPPLEMENT TO EXHIBIT LIST by Thomas Campbell Butler (klw, ) (Entered: 11/03/2003)
11/03/2003246FIRST SUPPLEMENTAL WITNESS LIST by Thomas Campbell Butler (klw, ) (Entered: 11/03/2003)
11/03/2003247TRIAL MEMORANDUM REGARDING HAZMAT REPORTS AND EMAIL EVIDENCE as to Thomas Campbell Butler : (klw, ) (Entered: 11/03/2003)
11/03/2003248TRIAL MEMORANDUM REGARDING CHARACTER EVIDENCE as to Thomas Campbell Butler : (klw, ) (Entered: 11/03/2003)
11/03/2003249ORDER granting 232 Motion for Leave to File Defendant's Request to Instruct Potential Juror Under Seal as to Thomas Campbell Butler (1) (Signed by Judge Sam R Cummings on 11/3/03) (klw, ) (Entered: 11/03/2003)
11/03/2003250Sealed Document - placed in sealed area. (klw, ) (Entered: 11/03/2003)
11/03/2003251Sealed Document - placed in sealed area. (klw, ) (Entered: 11/03/2003)
11/03/2003252Minute Entry for proceedings held before Judge Sam R Cummings : Voir Dire begun on 11/03/03 as to Thomas Campbell Butler (1) on Counts 1s-22s,23s-35s,36s-54s,55s,56s,57s,58s,59s,60s,61s,62s,63s,64s,65s,66s,67s-68s,69s. (Court Reporter Mechelle Daniel.) (klw, ) (Entered: 11/04/2003)
11/03/2003 Minute Entry for proceedings held before Judge Sam R Cummings : Jury Selection as to Thomas Campbell Butler held on 11/3/03. (Court Reporter Mechelle Daniel.) (klw, ) (Entered: 11/04/2003)
11/03/2003 Minute Entry for proceedings held before Judge Sam R Cummings : 1st Day of Jury Trial as to Thomas Campbell Butler held on 11/3/03. Court adjourned until 8:30 AM on 11/4/03. (Court Reporter Mechelle Daniel.) (klw, ) (Entered: 11/04/2003)
11/03/2003253Jury Roll as to Thomas Campbell Butler. (klw, ) (Entered: 11/04/2003)
11/04/2003254RETURN OF SERVICE ON SUBPOENA as to Thomas Campbell Butler : Melvin Laski, M.D. personally served subpoena on 11/3/03. (klw, ) (Entered: 11/04/2003)
11/04/2003255RETURN OF SERVICE ON SUBPOENA as to Thomas Campbell Butler : Janice Fry personally served subpoena on 10/31/03. (klw, ) (Entered: 11/04/2003)
11/04/2003256RETURN OF SERVICE ON SUBPOENA as to Thomas Campbell Butler : Everado Cobos personally served subpoena on 10/31/03. (klw, ) (Entered: 11/04/2003)
11/04/2003257RETURN OF SERVICE ON SUBPOENA as to Thomas Campbell Butler : Lorenz Lutherer personally served subpoena on 10/31/03. (klw, ) (Entered: 11/04/2003)
11/04/2003258RETURN OF SERVICE ON SUBPOENA as to Thomas Campbell Butler : Rial DeWitt Rolfe personally served subpoena on 10/31/03. (klw, ) (Entered: 11/04/2003)
11/04/2003259RETURN OF SERVICE ON SUBPOENA as to Thomas Campbell Butler : Kenneth Nugent, M.D. personally served subpoena on 10/31/03. (klw, ) (Entered: 11/04/2003)
11/04/2003260RETURN OF SERVICE ON SUBPOENA as to Thomas Campbell Butler : Richard Homan personally served subpoena on 10/31/03. (klw, ) (Entered: 11/04/2003)
11/04/2003261RETURN OF SERVICE ON SUBPOENA as to Thomas Campbell Butler : Robert Sanzotera personally served subpoena on 11/3/03. (klw, ) (Entered: 11/04/2003)
11/04/2003262RETURN OF SERVICE ON SUBPOENA as to Thomas Campbell Butler : Charles Bradley personally served subpoena on 11/3/03. (klw, ) (Entered: 11/04/2003)
11/04/2003263RETURN OF SERVICE ON SUBPOENA as to Thomas Campbell Butler : June Howard personally served subpoena on 11/3/03. (klw, ) (Entered: 11/04/2003)
11/04/2003264RETURN OF SERVICE ON SUBPOENA as to Thomas Campbell Butler : Neil Kurtzman personally served subpoena on 11/3/03. (klw, ) (Entered: 11/04/2003)
11/04/2003265RETURN OF SERVICE ON SUBPOENA as to Thomas Campbell Butler : Bowie McGinnis personally served subpoena on 10/31/03. (klw, ) (Entered: 11/04/2003)
11/04/2003266RETURN OF SERVICE ON SUBPOENA as to Thomas Campbell Butler : Beverly Chilton personally served subpoena on 10/31/03. (klw, ) (Entered: 11/04/2003)
11/04/2003267RETURN OF SERVICE ON SUBPOENA as to Thomas Campbell Butler : Jim Johnson personally served subpoena on 10/31/03. (klw, ) (Entered: 11/04/2003)
11/04/2003268RETURN OF SERVICE ON SUBPOENA as to Thomas Campbell Butler : Donald Wesson personally served subpoena on 10/31/03. (klw, ) (Entered: 11/04/2003)
11/04/2003269Minute Entry for proceedings held before Judge Sam R Cummings : 2nd Day of Jury Trial as to Thomas Campbell Butler held on 11/4/03. (Court Reporter Mechelle Daniel.) (klw, ) (Entered: 11/04/2003)
11/06/2003270TRIAL MEMORANDUM REGARDING EVIDENCE OF GRIEVANCE AND MEDIATION by Thomas Campbell Butler : (attachments not scanned) (klw, ) (Entered: 11/06/2003)
11/06/2003271RETURN OF SERVICE ON SUBPOENA as to Thomas Campbell Butler : David T. Dennis, M.D. personally served subpoena on 10/30/03. (klw, ) (Entered: 11/06/2003)
11/06/2003272RETURN OF SERVICE ON SUBPOENA as to Thomas Campbell Butler : Ted Cieslak, M.D. personally served subpoena on 10/31/03. (klw, ) (Entered: 11/06/2003)
11/06/2003273Minute Entry for proceedings held before Judge Sam R Cummings : 3rd day of Jury Trial as to Thomas Campbell Butler held on 11/6/03. Court adjourned until 8:30 am on 11/7/03. (Court Reporter Mechelle Daniel.) (klw, ) (Entered: 11/07/2003)
11/07/2003274Minute Entry for proceedings held before Judge Sam R Cummings : 4th day of Jury Trial as to Thomas Campbell Butler held on 11/7/03. Court adjourned until 8:30 a.m on 11/10/03. (Court Reporter Mechelle Daniel) (egb, ) (Entered: 11/10/2003)
11/10/2003275 MOTION in Limine Regarding Introduction of Evidence or Mention of the 15 C.F.R. 740.14 Baggage Exception to the Requirement for Export License by USA as to Thomas Campbell Butler (egb, ) (Entered: 11/10/2003)
11/10/2003276 MOTION in Limine Re: Justification Defense by USA as to Thomas Campbell Butler (egb, ) (Entered: 11/10/2003)
11/10/2003277Brief in Support re 276 MOTION in Limine by USA as to Thomas Campbell Butler (egb, ) (Entered: 11/10/2003)
11/10/2003278ORDER entered regarding 276 Motion in Limine Re: Justification Defense as to Thomas Campbell Butler (1); ORDERING that before the jury at trial, the dft, the dft's attorneys, and any defense witnesses are not to mention or in any manner allude to or elicit evidence or statements supporting the defense that dft's actions were prompted by justification, "the greater good", necessity, duress, or coercion, unless and until, out of the presence of the jury, the defendant establishes by a preponderance of the evidence that: 1. dft was under an unlawful present, imminent, and impending threat of such a nature as to induce a well-grounded fear of death or serious bodily injury to himself [or to a family member]; and 2. dft had not recklessly or negligently placed himself in a situation in which it was probable that he would be forced to choose the criminal conduct; and 3. dft had no reasonable legal alternative to violating the law, that is, he had no reasonable opportunity to avoid the threatened harm; and 4. a reasonable person would believe that by committing the criminal action he would directly avoid the threatened harm. It is further ORDERED that the defendant, the defendant's attorneys, are to warn and caution each and every one of the defense witnesses to strictly follow this ORDER. (Signed by Judge Sam R Cummings on 11/10/03) (klw, ) (Entered: 11/10/2003)
11/10/2003279ORDER granting 275 Motion in Limine Regarding Introduction of Evidence or Mention of the 15 C.F.R. 740.14 Baggage Exception to the Requirement for Export License as to Thomas Campbell Butler (1). (Signed by Judge Sam R Cummings on 11/10/03) (klw, ) (Entered: 11/10/2003)
11/10/2003280Minute Entry for proceedings held before Judge Sam R Cummings : 5th Day of Jury Trial as to Thomas Campbell Butler held on 11/10/03. Court adjourned until 8:30 am on 11/12/03. (Court Reporter Mechelle Daniel.) (klw, ) (Entered: 11/10/2003)
11/12/2003281UNOPPOSED MOTION in Limine Regarding Government Exhibits EM-134 AND EM-135 by Thomas Campbell Butler (klw, ) (Entered: 11/12/2003)
11/12/2003282UNOPPOSED MOTION in Limine Regarding IATA Regulations and ICAO Instructions by Thomas Campbell Butler (klw, ) (Entered: 11/12/2003)
11/12/2003283SECOND SUPPLEMENT TO EXHIBIT LIST by Thomas Campbell Butler (klw, ) (Entered: 11/12/2003)
11/12/2003284ORDER granting 281 Unoppossed Motion in Limine Regarding Government Exhibits EM-134 and EM-135 as to Thomas Campbell Butler (1); ORDERING that the government shall not mention, introduce, or elicit testimony regarding government exhibits EM-134 and EM-135 without first obtaining a ruling on admissibility outside the hearing of the jury. (Signed by Judge Sam R Cummings on 11/12/03) (klw, ) (Entered: 11/12/2003)
11/12/2003285ORDER granting 282 Unopposed Motion in Limine Regarding IATA Regulations and ICAO Instructions as to Thomas Campbell Butler (1); ORDERING that the government shall not mention, introduce, or elicit testimony regarding IATA Regulations, ICAO Instructions, or any other non-statutory authorities relating to airline policies, practices, or regulations without first obtaining a ruling outside the hearing of the jury. (Signed by Judge Sam R Cummings on 11/12/03) (klw, ) (Entered: 11/12/2003)
11/12/2003286RETURN OF SERVICE ON SUBPOENA as to Thomas Campbell Butler : Bill Zukauckas personally served subpoena on 10/30/03. (klw, ) (Entered: 11/12/2003)
11/12/2003287RETURN OF SERVICE ON SUBPOENA as to Thomas Campbell Butler : David Velez personally served subpoena on 11/7/03. (klw, ) (Entered: 11/12/2003)
11/12/2003288Minute Entry for proceedings held before Judge Sam R Cummings : 6th Day of Jury Trial as to Thomas Campbell Butler held on 11/12/03. (Court Reporter Mechelle Daniel.) (klw, ) (Entered: 11/13/2003)
11/13/2003289Minute Entry for proceedings held before Judge Sam R Cummings : 7th Day of Jury Trial as to Thomas Campbell Butler held on 11/13/03. Court adjourned until 8:30 am on 11/14/03. (Court Reporter Mechelle Daniel.) (klw, ) (Entered: 11/14/2003)
11/14/2003290Minute Entry for proceedings held before Judge Sam R Cummings : 8th Day of Jury Trial as to Thomas Campbell Butler held on 11/14/03. Court adjourned until 8:30 am on 11/17/03. (Court Reporter Mechelle Daniel.) (klw, ) (Entered: 11/17/2003)
11/17/2003291ORDER as to Thomas Campbell Butler : The Court has been advised that Alternate Juror Marci Baugh is ill. Therefore, by agreement of the parties, Alternate Juror Marci Baugh is hereby excused from further jury service in this case. (Signed by Judge Sam R Cummings on 11/17/03) (klw, ) (Entered: 11/17/2003)
11/17/2003292OBJECTIONS TO THE COURT'S PROPOSED JURY INSTRUCTIONS and INCORPORATED MEMORANDUM OF LAW by the government as to Thomas Campbell Butler : (exhibits not scanned) (klw, ) Modified on 11/17/2003 (klw, ). (Entered: 11/17/2003)
11/17/2003293SECOND SUPPLEMENTAL WITNESS LIST by Thomas Campbell Butler (egb, ) (Entered: 11/17/2003)
11/17/2003294THIRD SUPPLEMENT TO EXHIBIT LIST by Thomas Campbell Butler (egb, ) (Entered: 11/17/2003)
11/17/2003295 MOTION to Exclude Testimony on Issue of Guilt or Innocence by Thomas Campbell Butler (egb, ) (Entered: 11/17/2003)
11/17/2003296 MOTION to Exclude Summary Witness by Thomas Campbell Butler with Memorandum in Support. (egb, ) (Entered: 11/18/2003)
11/17/2003297ORDER denying 296 Motion to Exclude Summary Witness as to Thomas Campbell Butler (1) (Signed by Judge Sam R Cummings on 11/17/03) (egb, ) (Entered: 11/18/2003)
11/17/2003298Minute Entry for proceedings held before Judge Sam R Cummings : 9th day of Jury Trial as to Thomas Campbell Butler held on 11/17/03. Court adjourned until 8:30 a.m. 11/18/03 (Court Reporter Mechelle Daniel.) (egb, ) (Entered: 11/18/2003)
11/17/2003299ORDER denying 295 Motion to Exclude Testimony on Issue of Guilt or Innocence as to Thomas Campbell Butler (1) (Signed by Judge Sam R Cummings on 11/17/03) (egb, ) (Entered: 11/18/2003)
11/18/2003300RESPONSE by Thomas Campbell Butler re 292 Government's Objections to the Court's Proposed Jury Instructions (egb, ) (Entered: 11/18/2003)
11/18/2003301 MOTION to Admit Revised Customs Form by Thomas Campbell Butler with Memorandum in Support. (egb, ) (Entered: 11/18/2003)
11/18/2003302 MOTION to Exclude Testimony of Barbara Johnson by Thomas Campbell Butler (egb, ) (Entered: 11/18/2003)
11/18/2003303ORDER denying 300 Motion to Admit Revised Customs Forms as to Thomas Campbell Butler (1) (Signed by Judge Sam R Cummings on 11/18/03) (egb, ) (Entered: 11/18/2003)
11/18/2003304ORDER denying 301 Motion to Exclude Testimony of Barbara Johnson as to Thomas Campbell Butler (1) (Signed by Judge Sam R Cummings on 11/18/03) (egb, ) (Entered: 11/18/2003)
11/18/2003 Document Number Reset To 304 (egb, ) (Entered: 11/19/2003)
11/18/2003305Minute Entry for proceedings held before Judge Sam R Cummings : 10th Day of Jury Trial as to Thomas Campbell Butler held on 11/18/03. Court adjourned until 8:15 am on 11/19/03. (Court Reporter Mechelle Daniel.) (klw, ) (Entered: 11/19/2003)
11/19/2003306Minute Entry for proceedings held before Judge Sam R Cummings : 11th Day of Jury Trial as to Thomas Campbell Butler held on 11/19/03. Court adjourned until 8:30 am on 11/20/03. (Court Reporter Mechelle Daniel.) (klw, ) (Entered: 11/20/2003)
11/20/2003307RETURN OF SERVICE ON SUBPOENA as to Thomas Campbell Butler : Phillip E. Coyne, Jr., M.D personally served subpoena on 10/29/03. (klw, ) (Entered: 11/20/2003)
11/20/2003308RETURN OF SERVICE ON SUBPOENA as to Thomas Campbell Butler : Col. W. Russell Byrne, M.D. personally served subpoena on 10/29/03. (klw, ) (Entered: 11/20/2003)
11/20/2003309Minute Entry for proceedings held before Judge Sam R Cummings : 12th Day of Jury Trial as to Thomas Campbell Butler held on 11/20/03. Court adjourned until 8:30 am on 11/21/03. (Court Reporter Mechelle Daniel.) (klw, ) (Entered: 11/20/2003)
11/21/2003310Minute Entry for proceedings held before Judge Sam R Cummings : 13th Day of Jury Trial as to Thomas Campbell Butler held on 11/21/03. Court adjourned until 8:30 am on 11/24/03. (Court Reporter Mechelle Daniel.) (klw, ) (Entered: 11/24/2003)
11/24/2003311Supplemental Proposed Jury Instructions by Thomas Campbell Butler (klw, ) (Entered: 11/24/2003)
11/24/2003312NOTICE of Filing of Hard Drive Images as to Thomas Campbell Butler (separate document - 6 CD's attached) (klw, ) (Entered: 11/24/2003)
11/24/2003313Minute Entry for proceedings held before Judge Sam R Cummings : 14th Day of Jury Trial as to Thomas Campbell Butler held on 11/24/03 - Govt & deft evidence concluded. Court adjourned until 8:30 am on 11/25/03. (Court Reporter Mechelle Daniel.) (klw, ) (Entered: 11/24/2003)
11/25/2003314RETURN OF SERVICE ON SUBPOENA as to Thomas Campbell Butler : subpoena for Melissa Marsh returned unexecuted. (klw, ) (Entered: 11/25/2003)
11/25/2003315Minute Entry for proceedings held before Judge Sam R Cummings : 15th day of Jury Trial as to Thomas Campbell Butler held on 11/25/03. Deliberation began at 1:15 p.m. Court adjourned until 12/1/03 at 8:30 a.m. (Court Reporter Mechelle Daniel) (egb, ) (Entered: 11/26/2003)
11/25/2003316CERTIFICATION OF TRIAL EXHIBITS FOR JURY DELIBERATIONS as to Thomas Campbell Butler : (egb, ) (Entered: 11/26/2003)
12/01/2003317Court's Instructions to the Jury as to Thomas Campbell Butler. Signed by Judge Sam R Cummings on 11/24/03. (klw, ) (Entered: 12/02/2003)
12/01/2003318JURY VERDICT as to Thomas Campbell Butler (1) Guilty on Count 1s,3s-4s,8s-22s,23s-35s,36s-48s,62s,63s,64s and Thomas Campbell Butler (1) Not Guilty on Count 2s,5s-7s,49s-54s,55s,56s,57s,58s,59s,60s,61s,65s,66s,67s-68s,69s. (klw, ) (Entered: 12/02/2003)
12/01/2003319Received Jury Notes as to Thomas Campbell Butler (to be opened only by permission of the Court) (klw, ) (Entered: 12/02/2003)
12/01/2003320 RECEIPT FOR EXHIBITS by Government as to Thomas Campbell Butler : (klw, ) (Entered: 12/02/2003)
12/01/2003321RECEIPT FOR EXHIBITS by Government as to Thomas Campbell Butler : (klw, ) Modified on 12/2/2003 (klw, ). (Entered: 12/02/2003)
12/01/2003322RECEIPT FOR EXHIBITS by Government as to Thomas Campbell Butler : (klw, ) (Entered: 12/02/2003)
12/01/2003323RECEIPT FOR EXHIBITS by Government as to Thomas Campbell Butler : (klw, ) (Entered: 12/02/2003)
12/01/2003324Minute Entry for proceedings held before Judge Sam R Cummings : 16th Day of Jury Trial as to Thomas Campbell Butler held on 12/1/03. Jury Deliberations and Verdict. Exhibits returned to attorneys. (Court Reporter Mechelle Daniel.) (klw, ) (Entered: 12/02/2003)
12/01/2003325ORDER that the presentence report be completed and disclosed within 45 working days of the date of this order as to Thomas Campbell Butler : all restitution information, if applicable, shall be provided to USPO by Govt no later than 5 days from the date of this order. (Signed by Judge Sam R Cummings on 12/1/03) (klw, ) (Entered: 12/02/2003)
12/09/2003326 MOTION for Judgment of Acquittal Notwithstanding the Verdict or in the Alternative, Motion for New Trial by Thomas Campbell Butler with Memorandum in Support. (klw, ) (Entered: 12/09/2003)
12/16/2003327 MOTION for Extension of Time Within Which to File Government's Response to Defendant's Motion for Judgment of Acquittal Notwithstanding the Verdict or in the Alternative Motion for New Trialby USA as to Thomas Campbell Butler (klw, ) (Entered: 12/16/2003)
12/16/2003328ORDER granting 327 Motion for Extension of Time to respond to Defendant's Motion for Judgment of Acquittal Notwithstanding the Verdict or in the Alternative Motion for New Trial as to Thomas Campbell Butler (1) Government's Response due by 1/16/2004 no later than 5:00 PM. (Signed by Judge Sam R Cummings on 12/16/03) (klw, ) (Entered: 12/17/2003)
12/31/2003 TRANSCRIPT of Proceedings as to Thomas Campbell Butler. Testimony of Donald Wesson held on November 4, 2003 before Judge Sam R. Cummings. Court Reporter: Mechelle Daniel. (egb, ) (Entered: 12/31/2003)
12/31/2003 TRANSCRIPT of Proceedings as to Thomas Campbell Butler. Testimony of Douglas R. Brown held on November 12, 2003 before Judge Sam R. Cummings. Court Reporter: Mechelle Daniel. (egb, ) (Entered: 12/31/2003)
12/31/2003 TRANSCRIPT of Proceedings as to Thomas Campbell Butler. Testimony of Janet Finnegan held on November 12, 2003 before Judge Sam R. Cummings. Court Reporter: Mechelle Daniel. (egb, ) (Entered: 12/31/2003)
12/31/2003 TRANSCRIPT of Proceedings as to Thomas Campbell Butler. Testimony of Donald Wesson, Rebuttal Witness held on November 24, 2003 before Judge Sam R. Cummings. Court Reporter: Mechelle Daniel. (egb, ) (Entered: 12/31/2003)
01/13/2004329 MOTION to Permit Travel to Hearing of the Texas Board of Medical Examiners by Thomas Campbell Butler (klw, ) (Entered: 01/13/2004)
01/13/2004330ORDER granting 329 Motion to Permit Travel to Hearing of the Texas Board of Medical Examiners as to Thomas Campbell Butler (1); Ordering that Dr. Butler can travel to Austin, TX on 1/20/04 with his attorney of record, Floyd D. Holder, for the purpose of attending a hearing of the Texas Board of Medical Examiners. (Signed by Judge Sam R Cummings on 1/13/04) (klw, ) (Entered: 01/13/2004)
01/16/2004331RESPONSE and Brief in Ppposition to Deft's Motion by USA as to Thomas Campbell Butler re 326 MOTION for Judgment of Acquittal Notwithstanding the Verdict or in the Alternative Motion for New Trial (attachments not scanned) (klw, ) (Entered: 01/16/2004)
01/20/2004332ORDER denying 326 Motion for Judgment of Acquittal Notwithstanding the Verdict or in the Alternative Motion for a New Trial as to Thomas Campbell Butler (1) (Signed by Judge Sam R Cummings on 1/20/04) (clf, ) (Entered: 01/20/2004)
02/05/2004 Three (3) Volumes of TRANSCRIPT of Proceedings as to Thomas Campbell Butler held on November 20, 2003 - Testimony of Thomas Campbell Butler before Judge Sam R. Cummings. Court Reporter: Mechelle Daniel. (bdg, ) (Entered: 02/05/2004)
02/06/2004333Sentencing Scheduling Order as to Thomas Campbell Butler : Objections to Presentence Investigation Report due by or before noon 2/20/2004. Presentence Investigation Addendum due by or before noon 2/27/2004. Sentencing set for 3/10/2004 08:30 AM before Judge Sam R Cummings. (Signed by Judge Sam R Cummings on 2/6/04) (egb, ) (Entered: 02/06/2004)
02/25/2004334Affidavit of Service for Subpoena served 2/24/04 on Roy D. Wilson as to Thomas Campbell Butler : (egb, ) (Entered: 02/25/2004)
03/03/2004335RETURN OF SERVICE ON SUBPOENA as to Thomas Campbell Butler : Subpoena for M. Roy Wilson served on Glenda Helfrich, Sr. Assoc. Gnrl. Counsel on 3/2/04 and tendering said witness the subm of $40.00 - not accepted (klw, ) (Entered: 03/03/2004)
03/04/2004336 MOTION for Upward Departure of Criminal Fine Under US Sentencing Guidelines by USA as to Thomas Campbell Butler (egb, ) (Entered: 03/04/2004)
03/05/2004337SENTENCING MEMORANDUM by Thomas Campbell Butler (1) : (klw, ) (Entered: 03/05/2004)





Source: http://www.txnd.uscourts.gov/ (internal links deleted)