USA v. Duncan

7:20-cr-00365 | New York Southern District Court

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Division White Plains
Judge Judge Philip M. Halpern
Filed July 20, 2020
Case Flags ECF and PRIOR
Last Updated: 1 year, 10 months ago Show Interactive Timeline
Filing Date # Docket Text
6/8/2023
  • Motion for Judgment
JUDGMENT IN A CRIMINAL CASE as to Terry L Duncan (1). The Defendant pleaded guilty to count One in the Indictment. Count 2 of the Indictment is dismissed on the motion of the United States. IMPRISONMENT: 46 months. The Court recommends to the Bureau of Prisons that the Defendant be designated to a FCl closest to Yonkers, NY, BUT NOT THE MDC. The defendant is remanded to the custody of the United States Marshal. SUPERVISED RELEASE: 3 years. ASSESSMENT: $100.00 due immediately. (Signed by Judge Philip M. Halpern on 6/8/2023) (lnl) (Entered: 06/08/2023)
6/8/2023DISMISSAL OF COUNTS on Government Motion as to Terry L Duncan (1) Count 2. (lnl) (Entered: 06/08/2023)
6/7/2023Minute Entry for proceedings held before Judge Philip M. Halpern Sentencing held on 6/7/2023 for Terry L Duncan (1) Count 1. The Defendant present with attorney Frank OReilly. AUSA: Jeffrey Coffman. Court Reporter: Angela O'Donnell. The Court imposed a sentence of 46 months on Count 1 in the Indictment, followed by 3 years supervised release. The Court recommends to the Bureau of Prisons that the Defendant be designated to a FCI closest to Yonkers, NY. Defendant is to pay a special assessment of $100.00, which is due immediately. Defendant was advised of his right to appeal within 14 days from the entry of Judgment. Additional terms and conditions, see Judgment. (lnl) (Entered: 06/08/2023)
5/24/2023SENTENCING SUBMISSION by USA as to Terry L Duncan. (Coffman, Jeffrey) (Entered: 05/24/2023)
5/17/2023SENTENCING SUBMISSION by Terry L Duncan. (O'Reilly, Francis) (Entered: 05/17/2023)
12/5/2022ENDORSED LETTER as to Terry L Duncan addressed to Judge Philip M. Halpern from Attorney Francis L. O'Reilly dated December 3, 2022 re: Please accept this letter as a request for an adjournment of the above referenced defendant's sentencing, currently scheduled for December 19, 2022. ENDORSEMENT: Application granted. Defendant Terry Duncan's sentencing is adjourned to June 7, 2023 at 4:00 p.m. in Courtroom 520. Defendant's sentencing submission is due on May 17, 2023. The Government's sentencing submission is due on May 24, 2023. SO ORDERED. ( Brief due by 5/17/2023. Responses to Brief due by 5/24/2023. Sentencing set for 6/7/2023 at 04:00 PM in Courtroom 520, 300 Quarropas Street, White Plains, NY 10601 before Judge Philip M. Halpern. ) (Signed by Judge Philip M. Halpern on 12/5/2022)(bw) (Entered: 12/05/2022)
12/3/2022
  • Motion
LETTER MOTION addressed to Judge Philip M. Halpern from Francis L. O'Reilly dated December 3, 2022 re: Consent Request for Adjournment of Sentencing . Document filed by Terry L Duncan. (O'Reilly, Francis) (Entered: 12/03/2022)
10/20/2022Set/Reset Hearings as to Terry L Duncan: Sentencing set for 12/19/2022 at 09:30 AM in Courtroom 520, 300 Quarropas Street, White Plains, NY 10601 before Judge Philip M. Halpern. (ap) (Entered: 10/20/2022)
10/20/2022
  • OrderGranted
MEMO ENDORSEMENT as to Terry L Duncan (1) granting 51 LETTER MOTION addressed to Judge Philip M. Halpern from Francis L. O'Reilly dated October 20, 2022 re: Consent request to Adjourn Sentencing. ENDORSEMENT: Application granted. Defendant's sentencing has been adjourned to December 19, 2022 at 9:30 a.m. in courtroom 520. Any written submissions by Defendant shall be filed by December 5, 2022, and the Government's response shall be filed by December 12, 2022. (Signed by Judge Philip M. Halpern on 10/20/2022) (ap) (Entered: 10/20/2022)
10/20/2022
  • Motion
LETTER MOTION addressed to Judge Philip M. Halpern from Francis L. O'Reilly dated October 20, 2022 re: Consent request to Adjourn Sentencing . Document filed by Terry L Duncan. (O'Reilly, Francis) (Entered: 10/20/2022)
10/19/2022RESCHEDULING ORDER as to Terry L Duncan. Sentencing in this matter is rescheduled November 10, 2022 at 3:30 pm in Courtroom 520 at the White Plains Courthouse. Per the SDNY COVID-19 Courthouse Entry Program, anyone who appears at any SDNY courthouse must complete a questionnaire. Only those individuals who meet the entry requirements established by the questionnaire will be permitted entry. Please contact Chambers if you do not meet the requirements (Sentencing set for 11/10/2022 at 03:30 PM in Courtroom 520, 300 Quarropas Street, White Plains, NY 10601 before Judge Philip M. Halpern.) (Signed by Judge Philip M. Halpern on 10/19/22)(jw) (Entered: 10/19/2022)
7/4/2022NOTICE of Change of Address as to Terry L Duncan. New Address: Francis L. O'Reilly, 1735 Post Road, Suite 2C, Fairfield, Connecticut, United States 06824, 2039134608. (O'Reilly, Francis) (Entered: 07/04/2022)
6/2/2022TRANSCRIPT of Proceedings as to Terry L Duncan re: Plea held on 04/28/2022 before Judge Philip M. Halpern. Court Reporter/Transcriber: Darby Ginsberg, (914) 390-4102, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/23/2022. Redacted Transcript Deadline set for 7/5/2022. Release of Transcript Restriction set for 8/31/2022. (Ginsberg, Darby) (Entered: 06/02/2022)
6/2/2022NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Terry L Duncan. Notice is hereby given that an official transcript of a Plea proceeding held on 04/28/2022 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (Ginsberg, Darby) (Entered: 06/02/2022)
5/4/2022~Util - Set/Reset Deadlines/Hearings, Oral Order, Order of Referral to Probation for Presentence Investigation and Report, ~Util - Plea Entered, Change of Not Guilty Plea, Change of Plea Hearing
4/28/2022
  • Order
ORAL ORDER as to Terry L. Duncan. Brief (Defendant's submission) due by 10/27/2022. Responses (by Government) to Brief due by 11/3/2022. Sentencing set for 11/10/2022 at 02:30 PM in Courtroom 520, 300 Quarropas Street, White Plains, NY 10601 before Judge Philip M. Halpern. (bw) (Entered: 05/04/2022)
4/28/2022
  • Order
Order of Referral to Probation for Presentence Investigation and Report as to Terry L. Duncan. (By Judge Philip M. Halpern on 4/28/2022) (bw) (Entered: 05/04/2022)
4/28/2022Minute Entry for proceedings held before Judge Philip M. Halpern: Plea entered by Terry L Duncan (1) Guilty as to Count 1. (bw) (Entered: 05/04/2022)
4/28/2022Change of Not Guilty Plea to Guilty Plea as to Terry L. Duncan (1) Count 1. (bw) (Entered: 05/04/2022)
4/28/2022Minute Entry for proceedings held before Judge Philip M. Halpern: Change of Plea Hearing as to Terry L. Duncan held on 4/28/2022. The defendant present with attorney Frank O'Reilly. AUSA: Jeff Coffman. Court Reporter: Darby Ginsburg. Defendant withdrew his previously entered plea of not guilty and entered a plea of guilty to Count 1 of the Indictment. The Court accepted Defendant's guilty plea and scheduled sentencing for 11/10/2022 at 2:30 pm in Courtroom 520. The Court directed a Pre-Sentence Investigation to be done by the Probation Department. Defendant's submission is due by 10/27/2022. Govermnent's response is due by 11/3/2022. Defendant is remanded. (bw) (Entered: 05/04/2022)
4/19/2022
  • Order
ORDER as to Terry L Duncan: Upon the application of the Government, by and through Assistant United States Attorney Jeffrey C. Coffman, and with the consent of Defendant Terry L. Duncan, by and through Francis O'Reilly, Esq., it is hereby ORDERED that time through and including April 28, 2022, is hereby excluded under the Speedy Trial Act, 18 U.S.C. � 3161(h)(7)(A), in the interests of justice, so that the parties may continue to discuss a pre-trial resolution. Time excluded from 4/19/2022 until 4/28/2022. (Signed by Judge Philip M. Halpern on 4/19/2022) (ap) (Entered: 04/19/2022)
4/18/2022 LETTER by USA as to Terry L Duncan addressed to Judge Philip M. Halpern from Jeffrey C. Coffman dated April 18, 2022 re: Change of Plea Hearing and Speety Trial Exclusion Document filed by USA. (Attachments: # 1 Text of Proposed Order)(Coffman, Jeffrey) (Entered: 04/18/2022)
3/29/2022RESCHEDULING ORDER as to Terry L Duncan. A status conference currently scheduled for on April 12, 2022 has been rescheduled for 3:30 pm on April 14, 2022 by teleconference. Members of the press and public may call the same number below but will not be permitted to speak during the conference. Accordingly, it is hereby ORDERED Defense counsel shall advise the Court in writing by 4/8/22 as to whether their clients waive their right to be physically present and consent to appear by telephone. At the time of the scheduled hearing, all counsel and defendants shall attend by calling the following number and entering the access code when requested: Dial-In Number: (888) 398-2342 Access Code: 3456831 (Telephone Conference set for 4/14/2022 at 03:30 PM before Judge Philip M. Halpern.) (Signed by Judge Philip M. Halpern on 3/29/22)(jw) (Entered: 03/29/2022)
3/11/2022ENDORSED LETTER as to Terry L Duncan addressed to Judge Philip M. Halpern, from Francis L. O'Reilly dated 1/25/2022 re: Defense counsel writes to request permission to submit interim vouchers. ENDORSEMENT: Application granted.. (Signed by Judge Philip M. Halpern on 3/11/2022) (ap) (Entered: 03/11/2022)
1/31/2022
  • Order
ORDER as to Terry L. Duncan. Upon the application of the Government, by and through Assistant United States Attorney Jeffrey C. Coffman, and with the consent of Defendant Terry L. Duncan, by and through Lloyd Epstein, Esq., it is hereby ORDERED that time until the next pre-trial conference in this matter on April 12, 2022 is hereby excluded under the Speedy Trial Act, 18 U.S.C. Section 3161(h)(7)(A), in the interests of justice, so that the parties may continue to discuss a pre-trial resolution. (Signed by Judge Philip M. Halpern on 1/31/2022)(bw) (Entered: 01/31/2022)
1/31/2022Terminate Deadlines and Hearings as to Terry L. Duncan: Terminated Status Conference set for 2/3/2022 at 10:30 AM before Judge Philip M. Halpern. (bw) (Entered: 01/31/2022)
1/31/2022ENDORSED LETTER as to Terry L. Duncan addressed to Judge Philip M. Halpern from AUSA Jeffrey C. Coffman re: The parties respectfully request that the Court adjourn the February 3, 2022 pretrial conference in this matter approximately 60 days. ENDORSEMENT: Application granted. The Telephonic Status Conference scheduled for February 3, 2022 is adjourned to 10:30 a.m. on April 12, 2022. At the time of the conference, all parties shall call: (888) 398-2342; access code: 3456831. An Order excluding time under the Speedy Trial Act shall be docketed separately. SO ORDERED. ( Telephone Conference set for 4/12/2022 at 10:30 AM before Judge Philip M. Halpern. )(Signed by Judge Philip M. Halpern on 1/31/2022)(bw) (Entered: 01/31/2022)
1/29/2022 LETTER by USA as to Terry L Duncan addressed to Judge Philip M. Halpern from Jeffrey C. Coffman dated January 29, 2022 re: Adjournment of Status Conference and Speedy Trial Exclusion Document filed by USA. (Attachments: # 1 Text of Proposed Order Speedy Trial Exclusion Order)(Coffman, Jeffrey) (Entered: 01/29/2022)
1/13/2022
  • Order
MEMO ENDORSEMENT as to Terry L Duncan on re: 36 Letter modification of December 6, 2021 Order... ENDORSEMENT: Application granted. Paragraph 3 of the Court's December 10, 2021 Order is (Doc. 35), on consent of the parties, amended as set forth herein. SO ORDERED. (Signed by Judge Philip M. Halpern on 1/13/22) (jbo) (Entered: 01/13/2022)
1/12/2022 LETTER by USA as to Terry L Duncan addressed to Judge Philip M. Halpern from Jeffrey C. Coffman dated January 12, 2022 re: modification of December 6, 2021 Order Document filed by USA. (Coffman, Jeffrey) (Entered: 01/12/2022)
12/10/2021
  • Order
ORDER FOR COMPETENCY EVALUATION OF DEFENDANT as to Terry L Duncan. By oral motion dated December 6, 2021, the defendant, Pursuant to 18 U.S.C. � 4241 (a), requested that the Court order a competency evaluation determine whether the defendant is currently suffering from a mental disease or defect rendering him mentally incompetent to the extent that he is unable to understand the nature and consequences of the proceeding against him or to assist properly in his defense. The Court, having reviewed that motion and having had an opportunity to observe the defendant in Court, GRANTED the defendant's motion, FURTHER, IT IS HERBY ORDERED, pursuant to 18 U.S.C. � 4247(B), that the Bureau of Prisons, insofar as the defendant is currently incarcerated, conduct a psychiatric and psychological examination of the defendant to determine his competency, and to determine if he is currently suffering from a mental disease or defect. IT IS FURTHER ORDERED, pursuant to 18 U.S.C � 4247 (c), that a report of examination be prepared and furnished to the Court, counsel for the defendant, and counsel for the government, within 60 days hereof. IT IS FURTHER ORDERED that no statement, testimony, or other evidence made or provided by the defendant during or as a result of any court-ordered competency evaluation, no testimony or report of any expert based upon such statement, testimony or evidence, and no other fruits of such statement, testimony or evidence shall be admitted in evidence or otherwise used against the defendant in any criminal proceedings except on an issue respecting competency. *** The Clerk of the Court is respectfully directed to terminate the motion sequence pending at Doc. 34. *** (Signed by Judge Philip M. Halpern on 12/10/2021)(ap) (Entered: 12/13/2021)
12/9/2021
  • Motion
MOTION for Order of Competency to Stand Trial Proposed Order for Competency Evaluation. Document filed by Terry L Duncan. (O'Reilly, Francis) (Entered: 12/09/2021)
12/7/202133MEDICAL ORDER as to Terry L Duncan. (Signed by Judge Philip M. Halpern on 12/6/2021)(On file with the Clerk's Office) (lnl) (Entered: 12/07/2021)
12/6/2021Minute Entry for proceedings held before Judge Philip M. Halpern: Status Conference as to Terry L Duncan held on 12/6/2021. The defendant present with attorney Frank O'Reilly. AUSA: Jeff Coffman. Court Reporter: Sue Ghoreyab. Defendant Duncan appeared with counsel for an in-person conference on 12/6/2021. The Government confirmed that discovery is complete. Counsel for Defendant was directed to prepare a Mental Health Evaluation Order for the Courts review. The next status conference in this matter is scheduled for 2/3/2022 at 10:30am by teleconference. The Government moved, without objection by Defendant, to exclude time under the Speedy Trial Act from today until 2/3/2022 to allow for the Mental Health Evaluation to be completed. The Court, on defense counsel's request, will issue a Medical Order directing that Defendant receive mental health Screening Assessment. Defendant is remanded. (Status Conference set for 2/3/2022 at 10:30 AM before Judge Philip M. Halpern) (lnl) (Entered: 12/06/2021)
12/3/2021NOTICE as to Terry L Duncan. The parties are hereby notified that the appearance scheduled for December 6, 2021 at 11:00 a.m. will be held in Courtroom 218 at the Hon. Charles L. Brieant Jr. Federal Building and Courthouse, 300 Quarropas Street, White Plains, New York 10601. All members of the public, including attorneys, appearing at a Southern District of New York courthouse must complete a questionnaire and have their temperature taken before being allowed entry into the courthouse. On the day that you are due to arrive at the courthouse, click on the following weblink: https://app.certify.me/SDNYPublic. Follow the instructions and fill out the questionnaire. If your answers meet the requirements for entry, you will be sent a QR code to be used as the SDNY entry device at the courthouse entrance. (ap) (Entered: 12/03/2021)
11/10/2021CONSENT TO PROCEED BY VIDEO OR TELECONFERENCE as to Terry L Duncan re: Conference Before A Judicial Officer. **This waiver pertains to the October 26, 2021 telephonic conference** (Signed by Judge Philip M. Halpern on 11/10/21)(jw) (Entered: 11/10/2021)
11/9/2021NOTICE of Waiver of In Person Hearing as to Terry L Duncan (O'Reilly, Francis) (Entered: 11/09/2021)
11/9/202129
  • Order
ORDER as to Terry L. Duncan: Defense counsel was directed, during the telephonic status conference held on October 26, 2021, to file a proper appearance waiver for the Court's approval forthwith. As of November 9, 2021, such a waiver has not been filed. Defense counsel is directed to file the waiver, as discussed during the October 26, 2021 status conference, forthwith. (HEREBY ORDERED by Judge Philip M. Halpern) (Text Only Order) (gpb) (Entered: 11/09/2021)
10/26/2021Minute Entry for proceedings held before Judge Philip M. Halpern: Status Conference as to Terry L Duncan held on 10/26/2021. The defendant present with attorney Frank O'Reilly by teleconference AUSA: Jeff Coffman. STATUS CONFERENCE HELD: Defendant consented, in an executed written waiver and orally on the record, to waiving his physical appearance at today's conference. The Court accepted the waiver as knowing and voluntary, and determined that the waiver was appropriate under the CARES Act. The Government confirmed that Rule 16 discovery is complete. The next status conference is scheduled for 11:00am on 12/6/2021 in courtroom 520. The Court excludes time until 12/6/202 for the parties to finalize discussions of a pretrial resolution in the interest of justice on consent. (Status Conference set for 12/6/2021 at 11:00 AM in Courtroom 520, 300 Quarropas Street, White Plains, NY 10601 before Judge Philip M. Halpern) (Court Reporter Sue Ghorayeb) (ap) (Entered: 10/26/2021)
7/15/2021Minute Entry for proceedings held before Judge Philip M. Halpern:Status Conference as to Terry L Duncan held on 7/15/2021. The defendant present with attorney Frank OReilly by teleconference. AUSA: Jeffrey Coffman. STATUS CONFERENCE HELD: Defendant consented, in an executed written waiver and orally on the record, to waiving his physical appearance at todays conference. The Court accepted the waiver as knowingly and voluntarily and determined that is was appropriate under the CARES Act. The Government confirmed that it received its oral warning under Federal Rule Criminal Procedure 5(f) and that it has completed the disclosures required by Federal Rule Criminal Procedure 16. In light of Defendants transfer from Westchester County Jail to Essex County Jail, defense counsel requested an adjournment to allow a further review of discovery and to discuss pretrial resolution. The Government agreed that such an adjournment was proper in this case. The next status conference in this matter is scheduled for 10/26/2021 at 3:00pm by teleconference. The Court excludes time until 10/26/21 in the interest of justice on consent. Defendant is remanded. (Status Conference set for 10/26/2021 at 03:00 PM before Judge Philip M. Halpern) (Court Reporter Angela O'Donnell) (ap) (Entered: 07/15/2021)
7/15/2021WAIVER OF RIGHT TO BE PRESENT AT CRIMINAL PROCEEDING as to Terry L. Duncan. Accepted: (Signed by Judge Philip M. Halpern on 7/15/2021)(bw) (Entered: 07/15/2021)
4/27/2021CONSENT TO PROCEED BY VIDEO OR TELE CONFERENCE as to Terry L Duncan. The Clerk of the Court is respectfully directed to terminate the motion sequence pending at Doc. 25. (Signed by Judge Philip M. Halpern on 4/27/2021)(ap) (Entered: 04/27/2021)
4/27/2021Minute Entry for proceedings held before Judge Philip M. Halpern:Status Conference as to Terry L Duncan held on 4/27/2021. The defendant present with attorney Frank O'Reilly by teleconference AUSA: Jeff Coffman. STATUS CONFERENCE HELD: The parties request a 60 days adjournment for the parties to continue discovery and discuss a possible resolution. The next status conference is scheduled on 7/15/2021 at 3:00pm by teleconference. The Government requests that the Court excludes time until 7/15/2021 in the interest of justice. The defendant is remanded. Teleconference 888-398-2342, 3456831. (Status Conference set for 7/15/2021 at 03:00 PM before Judge Philip M. Halpern) (Court Reporter Angie Shaw-Crocket) (ap) (Entered: 04/27/2021)
4/19/2021
  • Motion
LETTER MOTION addressed to Judge Philip M. Halpern from Francis L. O'Reilly dated April 19, 2021 re: Waiver of in person hearing . Document filed by Terry L Duncan. (O'Reilly, Francis) (Entered: 04/19/2021)
4/13/2021
  • Order
ORDER as to Terry L Duncan: A Status conference in this matter is scheduled for April 21, 2021, at 3:00pm p.m. Because of the current public health emergency, the Court will conduct the conference by telephone conference call, provided that defendant(s) waive their right to be physically present and consent to appear by telephone after consultation with counsel. Members of the press and public may call the same number below but will not be permitted to speak during the conference. Accordingly, it is hereby ORDERED: 1. Defense counsel shall advise the Court in writing as to whether their clients waive their right to be physically present and consent to appear by telephone by 2/19/21. The waiver form is to be signed by both the defendant and defense counsel, must be received by chambers in advance of the conference. If it is not received prior to the conference, the Court may cancel and adjourn the conference to a new date. 2. At the time of the scheduled hearing, all counsel and defendants shall attend by calling the following number and entering the access code when requested: Dial-In Number: (888) 398-2342 Access Code: 3456831. SO ORDERED. (Status Conference set for 4/12/2021 at 03:00 PM before Judge Philip M. Halpern) (Signed by Judge Philip M. Halpern on 4/13/2021) (lnl) (Entered: 04/13/2021)
3/30/2021CONSENT TO PROCEED BY VIDEO OR TELE CONFERENCE as to Terry L Duncan re: Conference Before a Judical Officer - Assignment of Counsel. (Signed by Magistrate Judge Paul E. Davison on 3/30/21)(jw) (Entered: 03/30/2021)
3/30/2021Minute Entry for proceedings held before Magistrate Judge Paul E. Davison:Status Conference/Appointment of Counsel as to Terry L Duncan held on 3/30/2021. All parties appeared via Teams and ATT Connect. Defendant Terry Duncan. Incoming Defense Counsel Frank O'Reilly. AUSA Jeff Coffman for the Government. Recorded on ATT Connect. After executing the remote consent form, a Change of Counsel hearing was held. Frank O'Reilly CJA was appointed to replace Lloyd Epstein, CJA. Time excluded under the Speedy Trial Act not to exceed April 13, 2021 to schedule a status conference before Judge Halpern (jw) (Entered: 03/30/2021)
3/29/2021
  • Scheduling Order
SCHEDULING ORDER as to Terry L Duncan. The Court has scheduled a Change of Counsel hearing for 3/30/2021 at 11 am before Magistrate Judge Paul E. Davison. To access the conference, counsel should call 877-336-1839 and use access code 5999739. Members of the press and public may call the same number, but will not be permitted to speak during the conference ( Status Conference set for 3/30/2021 at 11:00 AM before Magistrate Judge Paul E. Davison.) (Signed by Magistrate Judge Paul E. Davison on 3/29/21)(jw) (Entered: 03/29/2021)
2/11/2021
  • OrderGranted
MEMO ENDORSEMENT as to Terry L Duncan (1) granting 20 LETTER MOTION addressed to Judge Philip M. Halpern from Lloyd Epstein dated 2/9/2021 re: Terry Duncan. ENDORSEMENT: Application granted. Mr. Epstein may make his anticipated motion under seal. The Clerk of the Court is respectfully directed to terminate the motion sequence pending at Doc. 20. SO ORDERED. (Signed by Judge Philip M. Halpern on 2/11/2021) (lnl) (Entered: 02/11/2021)
2/10/2021
  • Motionby Δ
LETTER MOTION addressed to Judge Philip M. Halpern from Lloyd Epstein dated 2/9/2021 re: Terry Duncan . Document filed by Terry L Duncan. (Epstein, Lloyd) (Entered: 02/10/2021)
1/5/2021Minute Entry for proceedings held before Judge Philip M. Halpern:Pretrial Conference as to Terry L Duncan held on 1/5/2021. Next Conference is scheduled on 3/17/21 at 11:00am for parties to review all records. The Government moves to exclude time from today until 3/17/21. The Court excludes time until 3/17/21 in the interest of justice. The defendant is remanded( Pretrial Conference set for 3/17/2021 at 11:00 AM before Judge Philip M. Halpern) (jw) (Entered: 01/05/2021)
1/5/2021WAIVER OF RIGHT TO BE PRESENT AT CRIMINAL PROCEEDING as to Terry L Duncan re: Conference (Signed by Judge Philip M. Halpern on 1/5/21)(jw) (Entered: 01/05/2021)
1/5/2021NOTICE OF ATTORNEY APPEARANCE Jeffrey Coffman appearing for USA. (Coffman, Jeffrey) (Entered: 01/05/2021)
11/4/2020
  • Order
ORDER as to Terry L Duncan: This Order is entered, pursuant to Federal Rule of Criminal Procedure 5(f), to confirm the Government's disclosure obligations under Brady v. Maryland, 373 U.S. 83 (1963), and its progeny, and to summarize the possible consequences of violating those obligations. SO ORDERED. (Signed by Judge Philip M. Halpern on 11/4/2020) (See ORDER as set forth) (Entered: 11/04/2020)
10/21/2020CONSENT TO PROCEED BY VIDEO OR TELE CONFERENCE as to Terry L Duncan. (Signed by Judge Philip M. Halpern on 10/20/2020) (ap) (Entered: 10/21/2020)
10/20/2020Minute Entry for proceedings held before Judge Philip M. Halpern:Pretrial Conference as to Terry L Duncan held on 10/20/2020 via teleconference as to Terry L Duncan. Conference is adjourned to 1/5/2021 at 1:00pm for defensecounsel to review discovery, and issues raised at the conference concerning the defendant. The Government moves to exclude time from today until 1/5/21. The Court excludes time until 1/5/21 in the interest of justice. (Pretrial Conference set for 1/5/2021 at 01:00 PM before Judge Philip M. Halpern) (jw) (Entered: 10/20/2020)
9/28/2020
  • Order
Order to Continue - Speedy Trial
9/28/2020Letter
9/24/2020
  • Motionby Δ
LETTER MOTION addressed to Judge Philip M. Halpern from Lloyd Epstein dated 9/24/2020 re: Terry Duncan . Document filed by Terry L Duncan. (Epstein, Lloyd) (Entered: 09/24/2020)
8/31/2020Minute Entry for proceedings held before Judge Philip M. Halpern: Pretrial Conference as to Terry L Duncan held on 8/31/2020. The defendant present with attorney Lloyd Epstein by Teleconference. AUSA: Jeff Coffman. Court Reporter: Kelly Surina. Pretrial conference held by telephone. Next conference scheduled on 9/29/2020 at 11:00am. Time is excluded from today until 9/30/2020 in the interest of justice. (lnl) (Entered: 08/31/2020)
8/28/2020
  • Order
ORDER as to Terry L Duncan: An Initial Conference in this matter is scheduled for August 31, 2020, at 11:00 a.m. Because of the current public health emergency, the Court will conduct the conference by telephone conference call, provided that defendants waive their right to be physically present and consent to appear by telephone after consultation with counsel. Members of the press and public may call the same number below but will not be permitted to speak during the conference. Accordingly, it is hereby ORDERED: 1. Defense counsel shall advise the Court in writing as to whether their clients waive their right to be physically present and consent to appear by telephone. 2. At the time of the scheduled hearing, all counsel and defendants shall attend by calling the following number and entering the access code when requested: Dial-In Number: (888) 398-2342, Access Code: 3456831. (Pretrial Conference set for 8/31/2020 at 11:00 AM before Judge Philip M. Halpern) (Signed by Judge Philip M. Halpern on 8/28/2020) (ap) (Entered: 08/28/2020)
8/20/2020NOTICE OF CASE ASSIGNMENT as to Terry L Duncan to Judge Philip M. Halpern. Judge Unassigned no longer assigned to the case. (jw) (Entered: 08/20/2020)
8/20/2020Minute Entry for proceedings held before Magistrate Judge Lisa Margaret Smith: Plea entered by Terry L Duncan (1) Count 1-2 Not Guilty. (jw) (Entered: 08/20/2020)
8/20/2020Minute Entry for proceedings held before Magistrate Judge Lisa Margaret Smith: Arraignment as to Terry L Duncan (1) Count 1-2 held on 8/20/2020. AUSA Jeffrey Coffman appearing by telephone for the Government. Defendant Terry Duncan appearing by video conference, with his attorney Lloyd Epstein (CJA) appearing by telephone. Court Reporter: AT&T Teleconference System. The Court finds that an in-person proceeding is not readily available in this instance for all participants; Defendant Duncan consents to proceed by teleconference. Defendant waives a public reading of the indictment and enters a plea of not guilty. Judge Halpern wheeled out and assigned. Defendants detention is continued. Time between todays date and the first appearance before the District Judge, not to exceed September 3, 2020, is excluded from calculation under the Speedy Trial Act. Adjourned. (jw) (Entered: 08/20/2020)
8/20/2020CONSENT TO PROCEED BY VIDEO CONFERENCE as to Terry L Duncan. (Signed by Magistrate Judge Lisa Margaret Smith on 8/20/2020) (ap) (Entered: 08/20/2020)
8/13/2020SCHEDULING NOTICE as to Terry L Duncan. An Arraignment in this matter has been scheduled for 8/20/2020, at 11:00 AM. To access the teleconference, please follow these directions: (1) Dial the Meeting Number: (877) 336-1831; (2) Enter the Access Code: 2751700#; (3) Press pound (#) to enter the teleconference as a guest; (4) Enter the Security Code: 0365# ( Arraignment set for 8/20/2020 at 11:00 AM before Magistrate Judge Lisa Margaret Smith.) (Signed by Magistrate Judge Lisa Margaret Smith on 8/13/2020)(jw) (Entered: 08/13/2020)
8/6/2020
  • OrderGranted
MEMO ENDORSEMENT as to Terry L Duncan (1) as to Terry L Duncan (1) granting 8 LETTER MOTION addressed to Magistrate Judge Judith C. McCarthy from Lloyd Epstein dated 8/6/2020 re: Terry Leon Duncan. ENDORSEMENT: Application granted. The arraignment scheduled for August 7, 2020 is adjourned to sine die. The parties are directed to contact Judge Smith's Chambers to reschedule the arraignment during the week of August 17th. SO ORDERED. (Signed by Magistrate Judge Judith C. McCarthy on 8/6/2020) (lnl) (Entered: 08/06/2020)
8/6/2020
  • Motionby Δ
LETTER MOTION addressed to Magistrate Judge Judith C. McCarthy from Lloyd Epstein dated 8/6/2020 re: Terry Leon Duncan . Document filed by Terry L Duncan. (Epstein, Lloyd) (Entered: 08/06/2020)
7/30/2020
  • Scheduling Order
SCHEDULING ORDER as to Terry L Duncan: The Court has scheduled an Arraignment for August 7, 2020 at 9:00 a.m. before Magistrate Judge Judith C. McCarthy. To access the conference, counsel should call 877-873-8017 and use access code 4264138. Counsel will also be provided with a link to connect to the conference via video. Members of the press and public may call the above number, but will not be permitted to speak during the conference. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. See Local Civil Rule 1.8. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Counsel should be sure to consult the Court's Emergency Individual Rules and Practices, available on the Court's website, and comply with the rules regarding conferences. (Arraignment set for 8/7/2020 at 09:00 AM before Magistrate Judge Judith C. McCarthy) (Signed by Magistrate Judge Judith C. McCarthy on 7/30/2020) (ap) (Entered: 07/30/2020)
7/20/2020Case Designated ECF as to Terry L Duncan. (ap) (Entered: 07/20/2020)
7/20/2020 INDICTMENT FILED as to Terry L Duncan (1) count(s) 1-2. (ap) (Entered: 07/20/2020)
7/7/2020WAIVER OF RIGHT TO BE PRESENT AT CRIMINAL PROCEEDING as to Terry L Duncan. (Signed by Judge Alison J. Nathan on 7/6/2020) (lnl) [7:20-mj-06966-UA] (Entered: 07/07/2020)
7/6/2020CONSENT TO PROCEED BY VIDEO OR TELE CONFERENCE as to Terry L Duncan. (Signed by Magistrate Judge Sarah Netburn on 7/6/2020) (lnl) [7:20-mj-06966-UA] (Entered: 07/07/2020)
7/6/2020Minute Entry for proceedings held before Magistrate Judge Sarah Netburn:Initial Appearance as to Terry L Duncan held on 7/6/2020. AUSA Micah Fergenson present for the Government. Defense counsel Lloyd Epstein present for the Defendant. Detention on consent without prejudice. Preliminary Hearing: 7/20/2020. (lnl) [7:20-mj-06966-UA] (Entered: 07/07/2020)
7/6/2020Arrest of Terry L Duncan. (lnl) [7:20-mj-06966-UA] (Entered: 07/07/2020)
7/4/2020
  • Complaint
COMPLAINT as to Terry L Duncan (1). (Signed by Magistrate Judge Lisa Margaret Smith) (ap) Modified on 7/7/2020 (ap). [7:20-mj-06966-UA] (Entered: 07/06/2020)