USA v. Lanham

1:22-cr-00009 | New York Western District Court

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Division Buffalo
Judge Hon. John L. Sinatra, Jr.
Filed Jan. 27, 2022
Case Flags CASREF and VictimNotify
Magistrate Hon. H. Kenneth Schroeder Jr.
Last Updated: 1 year, 2 months ago Show Interactive Timeline
Filing Date # Docket Text
12/19/2023DECLARATION by USA as to Michael Lanham (Bailey, Melanie) (Entered: 12/19/2023)
11/15/2023
  • Order
PRELIMINARY ORDER OF FORFEITURE as to Michael Lanham. Signed by Hon. John L. Sinatra, Jr. on 11/15/2023. (JLV) (Entered: 11/16/2023)
11/9/2023SENTENCING SUBMISSION DEADLINES. Please note: This docket entry does not contain every detail of the attached schedule. It is your responsibility to review and download the pdf to this document for reference. Failure to comply with this schedule may result in adjournment of sentencing. (KLH) (Entered: 11/09/2023)
11/9/2023BRADY DISCLOSURE ORDER as to Michael Lanham. Signed by Hon. John L. Sinatra, Jr. on 11/9/2023. (KLH) (Entered: 11/09/2023)
11/9/202349Minute Entry for proceedings held before Hon. John L. Sinatra, Jr.: Plea Hearing as to Michael Lanham held on 11/9/2023. Defendant sworn and advised of rights. Court issues Brady Disclosure Order. Plea entered by Michael Lanham: Guilty Count 3 of the Indictment. Court accepts defendant's guilty plea and the defendant is adjudged guilty of Count 3. The Court defers acceptance of the plea agreement. Sentencing set for 3/15/2024 at 2:00 PM in U.S. Courthouse, 2 Niagara Square, Buffalo, NY 14202-3350 before Hon. John L. Sinatra, Jr. Defendant remanded. Government to submit preliminary order of forfeiture.

Appearances. For government: Russell Ippolito. For defendant: Brian Comerford and John Morrissey. Defendant present. (Court Reporter Bonnie Weber)(KLH)

-PROBATION NOTIFIED OF PLEA- (Entered: 11/09/2023)

11/9/2023PLEA AGREEMENT as to Michael Lanham. (KLH) (Entered: 11/09/2023)
11/8/202347RESCHEDULING NOTICE *Time Change Only*: Plea Hearing RESCHEDULED for 11/9/2023 at 9:30 AM in Chautauqua Courtroom, 8th Floor East, 2 Niagara Square, Buffalo, NY before Hon. John L. Sinatra, Jr. (KLH) (Entered: 11/08/2023)
10/27/202346NOTICE OF HEARING as to Michael Lanham: Plea Agreement Hearing set for 11/9/2023 09:00 AM in Chautauqua Courtroom, 8th Floor East, 2 Niagara Square, Buffalo, NY before Hon. John L. Sinatra, Jr. (KLH) (Entered: 10/27/2023)
10/25/2023Minute Entry for proceedings held before Hon. H. Kenneth Schroeder Jr.: Status Conference as to Michael Lanham held on 10/25/2023.

Counsel reported that a tentative plea agreement has been reached and that they anticipate contacting the chambers of the Hon. John L. Sinatra, Jr. to request a plea hearing date. Status Conference set for 11/9/2023 at 10:30 AM in Cattaraugus Courtroom, 7th West, 2 Niagara Square, Buffalo, NY before Hon. H. Kenneth Schroeder Jr.

Court extended the government's deadline to respond to defendant's pretrial motions to 11/9/2023 in the event a plea agreement is not reached. The Court will thereafter schedule Oral Argument if necessary. The Speedy Trial Clock remains stopped pursuant to Title 18 U.S.C. Section 3161(h)(1)(D). Defendant remains in custody.

Appearances: AUSA Caitlin Higgins for the government; AFPD Brian Comerford with defendant. (Court Reporter FTR Gold)(LMG) (Entered: 10/25/2023)

10/4/202345
  • Motion to Extend TimeGranted
TEXT ORDER granting 44 Motion to Extend Government's Time to Respond to Pretrial Motions and Convert Oral Argument to a Status Conference as to Michael Lanham (1). For the reasons stated in the motion, the government's time to respond to pretrial motions is hereby extended to 11/3/2023. Oral Argument on pretrial motions, previously scheduled to be held on 10/25/2023 at 11:00 AM, is hereby converted to a Status Conference. The Speedy Trial Clock remains stopped pursuant to Title 18 U.S.C. Section 3161(h)(1)(D). SO ORDERED. Issued by the Hon. H. Kenneth Schroeder Jr. on 10/4/2023.(LMG) (Entered: 10/04/2023)
10/3/2023
  • Motion
MOTION to Extend Government's Response Deadline and Convert Oral Argument to a Status Conference by Michael Lanham. (Comerford, Brian) (Entered: 10/03/2023)
9/25/2023Set/Reset Deadlines/Hearings as to Michael Lanham: Responses due by 10/16/2023; Oral Argument set for 10/25/2023 at 11:00 AM in Cattaraugus Courtroom, 7th West, 2 Niagara Square, Buffalo, NY before the Hon. H. Kenneth Schroeder Jr. (LMG) (Entered: 09/25/2023)
9/25/202343
  • Motion to Extend TimeGranted
TEXT ORDER granting 42 Motion for Two Week Extension of Time for Government to Respond to Pretrial Motions as to Michael Lanham (1). The government shall have until 10/16/2023 to respond to pretrial motions. Oral Argument is adjourned to 10/25/2023 at 11:00 AM in Cattaraugus Courtroom, 7th West, 2 Niagara Square, Buffalo, NY before the Hon. H. Kenneth Schroeder Jr. The Speedy Trial Clock remains stopped pursuant to Title 18 U.S.C. Section 3161(h)(1)(D). SO ORDERED. Issued by the Hon. H. Kenneth Schroeder Jr. on 9/25/2023.(LMG) (Entered: 09/25/2023)
9/25/2023
  • Motion
MOTION for Two Week Extension of Deadline for Government Response by Michael Lanham. (Comerford, Brian) (Entered: 09/25/2023)
8/31/202341TEXT ORDER denying as moot 38 Motion for Extension of Time to File Pretrial Motions as to Michael Lanham (1) as Pretrial Motions have now been filed. SO ORDERED. Issued by the Hon. H. Kenneth Schroeder Jr. on 8/31/2023.(LMG) (Entered: 08/31/2023)
8/31/2023Minute Entry for proceedings held before Hon. H. Kenneth Schroeder Jr.: Status Conference as to Michael Lanham held on 8/31/2023.

Defense counsel advised that he has now filed motions on defendant's behalf and asked the Court to extend the government's time to respond to the motions to allow time for plea negotiations.

Court gave the government until 10/2/2023 to respond to defendant's pretrial motions. Oral Argument adjourned to 10/11/2023 at 02:00 PM in Cattaraugus Courtroom, 7th West, 2 Niagara Square, Buffalo, NY before the Hon. H. Kenneth Schroeder Jr. The Speedy Trial Clock remains stopped pursuant to Title 18 U.S.C. Section 3161(h)(1)(D).

Court denied defendant's motion for an extension of time to file pretrial motions as it is now moot. Defendant remains in custody.

Appearances: AUSA Charles Kruly (standing in for AUSA Caitlin Higgins) for the government; AFPD Brian Comerford with defendant. (Court Reporter FTR Gold)(LMG) (Entered: 08/31/2023)

8/29/2023E-Filing Notification: 40 MOTION; Clerk added addition relief to match motion papers filed. (JLV) (Entered: 08/29/2023)
8/28/2023
  • Motion
MOTION for Discovery , MOTION to Suppress , MOTION for Disclosure, MOTION for Leave to File Additional Motions, MOTION for Preservation of Rough Notes by Michael Lanham. (Comerford, Brian). Added MOTION for Disclosure, MOTION for Leave to File, MOTION on 8/29/2023 (JLV). (Entered: 08/28/2023)
8/28/202339
  • Order
TEXT ORDER as to Michael Lanham: A Status Conference is set for 8/31/2023 at 11:00 AM in Cattaraugus Courtroom, 7th West, 2 Niagara Square, Buffalo, NY before Hon. H. Kenneth Schroeder Jr. SO ORDERED. Issued by the Hon. H. Kenneth Schroeder Jr. on 8/28/2023.(LMG) (Entered: 08/28/2023)
8/25/2023 MOTION for Extension of Time to File Motion Deadline and Schedule a Status Conference by Michael Lanham. (Comerford, Brian) (Entered: 08/25/2023)
7/12/2023
  • Scheduling Order
AMENDED SCHEDULING ORDER as to Michael Lanham: Motions due by 8/28/2023; Responses due by 9/11/2023; Oral Argument set for 9/20/2023 at 10:30 AM in Cattaraugus Courtroom, 7th West, 2 Niagara Square, Buffalo, NY before the Hon. H. Kenneth Schroeder Jr. Time excluded from 7/12/2023 until 8/28/2023 for purposes of the Speedy Trial Act pursuant to Title 18 U.S.C. Sections 3161(h)(7)(A) and (h)(7)(B)(iv). Signed by Hon. H. Kenneth Schroeder Jr. on 7/12/2023.(LMG) (Entered: 07/12/2023)
7/12/202336TEXT ORDER granting in part and denying in part 35 Motion to Adjourn Pretrial Motion Deadline for Sixty Days as to Michael Lanham (1). For the reasons stated in the motion, an Amended Scheduling Order, extending the pretrial motion deadline for 45 days, will be issued. NO FURTHER REQUESTS FOR EXTENSIONS OF TIME WILL BE GRANTED. SO ORDERED. Issued by the Hon. H. Kenneth Schroeder Jr. on 7/12/2023.(LMG) (Entered: 07/12/2023)
7/12/2023 MOTION to Adjourn Motion Deadline for Sixty (60) Days by Michael Lanham. (Comerford, Brian) (Entered: 07/12/2023)
6/26/2023Set/Reset Hearings as to Michael Lanham: Oral Argument set for 8/9/2023 at 11:00 AM in Cattaraugus Courtroom, 7th West, 2 Niagara Square, Buffalo, NY before Hon. H. Kenneth Schroeder Jr. (LMG) (Entered: 06/26/2023)
6/16/2023
  • Scheduling Order
AMENDED SCHEDULING ORDER as to Michael Lanham. Motions due by 7/14/2023; Responses due by 7/28/2023; Oral Argument set for 8/9/2023 at 11:00 AM in Cattaraugus Courtroom, 7th West, 2 Niagara Square, Buffalo, NY before Hon. H. Kenneth Schroeder Jr. Time excluded from 6/16/2023 until 7/14/2023 for purposes of the Speedy Trial Act pursuant to Title 18 U.S.C. Sections 3161(h)(7)(A) and (h)(7)(B)(iv). Signed by Hon. H. Kenneth Schroeder Jr. on 6/16/2023.(KER) (Entered: 06/16/2023)
6/16/202333TEXT ORDER granting 32 Motion to Adjourn as to Michael Lanham (1).For the reasons stated in the motion, an Amended Scheduling Order will be issued. SO ORDERED. Issued by Hon. H. Kenneth Schroeder Jr. on 6/16/2023.(KER) (Entered: 06/16/2023)
6/15/2023 MOTION to Adjourn Pretrial Motion Deadline for Thirty Days by Michael Lanham. (Comerford, Brian) (Entered: 06/15/2023)
5/15/2023
  • Scheduling Order
AMENDED SCHEDULING ORDER as to Michael Lanham: Motions due by 6/16/2023; Responses due by 6/30/2023; Oral Argument set for 7/12/2023 at 02:00 PM in Cattaraugus Courtroom, 7th West, 2 Niagara Square, Buffalo, NY before Hon. H. Kenneth Schroeder Jr. Time excluded from 5/15/2023 until 6/16/2023 for purposes of the Speedy Trial Act pursuant to Title 18 U.S.C. Sections 3161(h)(7)(A) and (h)(7)(B)(iv). Signed by Hon. H. Kenneth Schroeder Jr. on 5/15/2023.(LMG) (Entered: 05/15/2023)
5/15/202330TEXT ORDER granting 29 Motion to Adjourn Pretrial Motion Deadline as to Michael Lanham (1). For the reasons stated in the motion, an Amended Scheduling Order will be issued. SO ORDERED. Issued by the Hon. H. Kenneth Schroeder Jr. on 5/15/2023.(LMG) (Entered: 05/15/2023)
5/15/2023Fourth MOTION to Adjourn Pretrial Motion Deadline by Michael Lanham. (Comerford, Brian) (Entered: 05/15/2023)
4/10/2023
  • Scheduling Order
AMENDED SCHEDULING ORDER as to Michael Lanham: Motions due by 5/15/2023; Responses due by 5/30/2023; Oral Argument set for 6/8/2023 at 11:00 AM in Cattaraugus Courtroom, 7th West, 2 Niagara Square, Buffalo, NY before Hon. H. Kenneth Schroeder Jr. Time excluded from 4/10/2023 until 5/15/2023 for purposes of the Speedy Trial Act pursuant to Title 18 U.S.C. Sections 3161(h)(7)(A) and (h)(7)(B)(iv). Signed by Hon. H. Kenneth Schroeder Jr. on 4/10/2023.(LMG) (Entered: 04/10/2023)
4/10/202327TEXT ORDER granting 26 Motion to Adjourn Pretrial Motion Deadline as to Michael Lanham (1). For the reasons stated in the motion, an Amended Scheduling Order will be issued. SO ORDERED. Issued by the Hon. H. Kenneth Schroeder Jr. on 4/10/2023.(LMG) (Entered: 04/10/2023)
4/10/2023Third MOTION to Adjourn Motion Deadline and Scheduling Order for Thirty (30) Days by Michael Lanham. (Comerford, Brian) (Entered: 04/10/2023)
2/8/2023
  • Scheduling Order
AMENDED SCHEDULING ORDER as to Michael Lanham: Motions due by 4/14/2023; Responses due by 4/28/2023; Oral Argument set for 5/10/2023 at 10:30 AM in Cattaraugus Courtroom, 7th West, 2 Niagara Square, Buffalo, NY before the Hon. H. Kenneth Schroeder Jr. Time from 2/8/2023 until 4/14/2023 excluded for purposes of the Speedy Trial Act pursuant to Title 18 U.S.C. Sections 3161(h)(7)(A) and (h)(7)(B)(iv). Signed by Hon. H. Kenneth Schroeder Jr. on 2/8/2023.(LMG) (Entered: 02/08/2023)
2/8/202324TEXT ORDER granting 23 Motion to Adjourn Pretrial Motion Deadline as to Michael Lanham (1) for the reasons stated in the motion. Amended Scheduling Order to be issued. SO ORDERED. Issued by the Hon. H. Kenneth Schroeder Jr. on 2/8/2023.(LMG) (Entered: 02/08/2023)
2/8/2023 MOTION to Adjourn Motion Deadline for Sixty (60) Days by Michael Lanham. (Comerford, Brian) (Entered: 02/08/2023)
12/9/2022
  • Scheduling Order
AMENDED SCHEDULING ORDER as to Michael Lanham: Motions due by 2/10/2023; Responses due by 2/24/2023; Oral Argument set for 3/2/2023 at 10:30 AM in Cattaraugus Courtroom, 7th West, 2 Niagara Square, Buffalo, NY before Hon. H. Kenneth Schroeder Jr. Time excluded from 12/9/2022 until 2/10/2023 for purposes of the Speedy Trial Act pursuant to Title 18 U.S.C. Sections 3161(h)(7)(A) and (h)(7)(B)(iv). Signed by Hon. H. Kenneth Schroeder Jr. on 12/9/2022.(LMG) (Entered: 12/09/2022)
12/9/202221TEXT ORDER granting 20 Motion to Adjourn Pretrial Motion Deadline as to Michael Lanham (1). Amended Scheduling Order to be issued. SO ORDERED. Issued by the Hon. H. Kenneth Schroeder Jr. on 12/9/2022.(LMG) (Entered: 12/09/2022)
12/9/2022 MOTION to Adjourn motion deadline by Michael Lanham. (Comerford, Brian) (Entered: 12/09/2022)
10/7/2022
  • Scheduling Order
AMENDED SCHEDULING ORDER as to Michael Lanham: Motions due by 12/9/2022; Responses due by 12/23/2022; Oral Argument set for 1/4/2023 at 10:30 AM in Cattaraugus Courtroom, 7th West, 2 Niagara Square, Buffalo, NY before Hon. H. Kenneth Schroeder Jr. Time excluded from 10/7/2022 until 12/9/2022 pursuant to Title 18 U.S.C.Sections 3161(h)(7)(A) and (h)(7)(B)(iv). Signed by Hon. H. Kenneth Schroeder Jr. on 10/7/2022.(LMG) (Entered: 10/07/2022)
10/7/202218TEXT ORDER granting 17 Motion to Adjourn Pretrial Motion Deadline as to Michael Lanham (1). Amended Scheduling Order to be issued. SO ORDERED. Issued by the Hon. H. Kenneth Schroeder Jr. on 10/7/2022.(LMG) (Entered: 10/07/2022)
10/7/2022 MOTION to Adjourn Pretrial Motion Deadline for Sixty Days by Michael Lanham. (Comerford, Brian) (Entered: 10/07/2022)
8/4/2022
  • Motion for Protective Order
PROTECTIVE ORDER GOVERNING THE DISCLOSURE OF PERSONAL IDENTITY INFORMATION as to Michael Lanham. Signed by Hon. H. Kenneth Schroeder Jr. on 8/4/22.(LMG) (Entered: 08/04/2022)
8/4/202215
  • Motion for Protective OrderGranted
TEXT ORDER granting 14 Motion for Protective Order as to Michael Lanham (1). Protective Order to be issued. SO ORDERED. Issued by the Hon. H. Kenneth Schroeder Jr. on 8/4/2022.(LMG) (Entered: 08/04/2022)
8/4/2022
  • Motion for Protective Order
MOTION for Protective Order by USA as to Michael Lanham. (Attachments: # 1 Text of Proposed Order)(Fabian, John) (Entered: 08/04/2022)
8/2/2022
  • Order
ORDER OF DETENTION as to Michael Lanham. Signed by Hon. H. Kenneth Schroeder Jr. on 8/2/22. Copies forwarded to U.S. Marshals Service and U.S. Pretrial Service.(LMG) (Entered: 08/02/2022)
8/1/2022
  • Order
ORDER regarding use of videoconferencing as to Michael Lanham. Signed by Hon. H. Kenneth Schroeder Jr. on 8/1/22.(LMG) (Entered: 08/01/2022)
8/1/2022Minute Entry for proceedings held before Hon. H. Kenneth Schroeder Jr.: Detention Hearing as to Michael Lanham held remotely by videoconference on 8/1/2022.

Defendant consented to proceeding being held remotely by videoconference via Zoom for Government.

After hearing proffer by government and response by defense counsel, Court granted government's motion, ordered defendant detained and remanded him to the custody of the U.S. Marshals Service.

Appearances: AUSA John Fabian for the government; AFPD Brian Comerford with defendant; USPO Andre McCray. (Court Reporter Zoom for Government.)(LMG) (Entered: 08/01/2022)

7/21/2022
  • Scheduling Order
SCHEDULING ORDER as to Michael Lanham: Discovery completed by 8/5/2022; Motions due by 10/7/2022; Responses due by 10/21/2022; Oral Argument set for 10/31/2022 at 10:30 AM before the Hon. H. Kenneth Schroeder Jr. Signed by Hon. H. Kenneth Schroeder Jr. on 7/21/2022.(LMG) (Entered: 07/21/2022)
7/21/2022
  • Order
ORDER regarding use of videoconferencing as to Michael Lanham. Signed by Hon. H. Kenneth Schroeder Jr. on 7/21/22.(LMG) (Entered: 07/21/2022)
7/21/2022Minute Entry for proceedings held before Hon. H. Kenneth Schroeder Jr.: Arraignment as to Michael Lanham (1) Count 1-3,4,5,6 held remotely by videoconference on 7/21/2022.

Defendant consented to proceeding being held remotely by videoconference via Zoom for Government.

Court assigned AFPD Brian Comerford to represent defendant. Defendant waived reading of Indictment and entered plea of not guilty to charges set forth therein.

Government moved for detention. Detention Hearing set for 8/1/2022 at 10:30 AM before the Hon. H. Kenneth Schroeder Jr. The proceeding will be held remotely by videoconference. Instructions on how to connect to the proceeding will be e-mailed to counsel. Public access may be obtained by contacting Judge Schroeder's chambers at 716-551-1871.

Dates established for the issuance of a Scheduling Order. Time excluded from 7/21/2022 to 10/7/2022 for purposes of the Speedy Trial Act pursuant to Title 18 U.S.C. Sections 3161(h)(7)(A) and (h)(7)(B)(iv). Defendant remanded to the custody of the U.S. Marshals Service.

Appearances: AUSA John Fabian for the government; AFPD Brian Comerford with defendant; USPO Brian Mamizuka. (Court Reporter Zoom for Government)(LMG) (Entered: 07/21/2022)

7/21/20229
  • Order
TEXT ORDER as to Michael Lanham: The time of the Arraignment scheduled to be held by videoconference with the Hon. H. Kenneth Schroeder, Jr. on 7/21/2022 is hereby changed to 12:00 PM. SO ORDERED. Issued by the Hon. H. Kenneth Schroeder Jr. on 7/21/2022.(LMG) (Entered: 07/21/2022)
7/20/20228
  • Order
TEXT ORDER as to Michael Lanham: The Arraignment scheduled to be held before the Hon H. Kenneth Schroeder, Jr. on 7/21/2022 at 01:00 PM will be held remotely by videoconference. Instructions on how to connect to the proceeding have been e-mailed to counsel. Public access may be obtained by contacting Judge Schroeder's chambers at 716-551-1871. SO ORDERED. Issued by the Hon. H. Kenneth Schroeder Jr. on 7/20/2022.(LMG) (Entered: 07/20/2022)
7/19/20227
  • Order
TEXT ORDER as to Michael Lanham: Arraignment set for 7/21/2022 at 01:00 PM in Cattaraugus Courtroom, 7th West, 2 Niagara Square, Buffalo, NY before the Hon. H. Kenneth Schroeder Jr. SO ORDERED. Issued by the Hon. H. Kenneth Schroeder Jr. on 7/19/2022.(LMG) (Entered: 07/19/2022)
4/27/2022NOTICE OF ATTORNEY APPEARANCE John D. Fabian appearing for USA. (Fabian, John) (Entered: 04/27/2022)
3/14/2022Rule 5(c)(3) Documents Received as to Michael Lanham. (Attachments: # 1 Order Committing to Another District) (JLV) (Entered: 03/14/2022)
3/11/2022Arrest of Michael Lanham in Middle District of Florida. (JLV) (Entered: 03/14/2022)
1/27/20223
  • Order
TEXT ORDER OF REFERRAL Hon. H. Kenneth Schroeder Jr., United States Magistrate Judge, is hereby designated to act in this case as follows: All pre-trial matters in this case are referred to the above-named United States Magistrate Judge, including all pre-trial matters that a Magistrate Judge may hear and determine pursuant to 28 U.S.C. Section 636(b)(1)(A), and those which a Magistrate Judge may hear and thereafter file a report and recommendation for disposition pursuant to Section 636(b)(1)(B). All procedural aspects of matters properly before the Magistrate Judge under this Order, including scheduling and the filing of briefs or other supporting material, shall be determined by the Magistrate Judge. All motions or applications shall be filed with the Clerk and made returnable before the Magistrate Judge. IT IS SO ORDERED. Signed by Hon. John L. Sinatra, Jr. on 1/27/2022. (JLV) (Entered: 01/27/2022)
1/27/2022Sealed Unredacted Document as to Michael Lanham filed pursuant to FRCrP 49.1. (JLV) (Entered: 01/27/2022)
1/27/2022INDICTMENT as to Michael Lanham (1) count(s) 1-3, 4, 5, 6. (JLV) (Entered: 01/27/2022)