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USA v. Kelly et al, 1:19-cr-00567, No. 450 (N.D.Ill. Oct. 10, 2023)
Judgment was entered in this case in favor of the United States and against defendant Robert Kelly and the outstanding balance is $42,100.00 as of October 5, 2023.
Third-party respondent Universal Music Group stated in its answer to a citation to discover assets that it had property belonging to Kelly under its possession or control.
The Clerk of the Court collects all payments on monetary penalties imposed in criminal cases.
19 CR 567” written in the lower left corner of the check and be submitted to: Clerk of the Court, U.S. District Court, Northern District of Illinois, 219 South Dearborn Street, 20th Floor, Chicago, Illinois 60604.
Accordingly, it is hereby ORDERED that the respondent, Sony Corporation, shall submit to the United States $42,100 from the royalty account belonging to Robert Kelly, minus any mandatory tax withholdings, which represents Kelly’s interest in the account, which is not exempt from garnishment, to be applied to his outstanding judgment.
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USA v. Kelly et al, 1:19-cr-00567, No. 450 (N.D.Ill. Oct. 10, 2023)
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USA v. Kelly et al, 1:19-cr-00567, No. 449 (N.D.Ill. Oct. 10, 2023)
FOR THE Northern District of Illinois − CM/ECF NextGen 1.7.1.1 Eastern Division
This docket entry was made by the Clerk on Tuesday, October 10, 2023: MINUTE entry before the Honorable Harry D. Leinenweber: Agreed motion for turnover order [448] is granted as to Robert Sylvester Kelly.
It was generated by CM/ECF, the automated docketing system used to maintain the civil and criminal dockets of this District.
If a minute order or other document is enclosed, please refer to it for additional information.
For scheduled events, motion practices, recent opinions and other information, visit our web site at www.ilnd.uscourts.gov.
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USA v. Kelly et al, 1:19-cr-00567, No. 449 (N.D.Ill. Oct. 10, 2023)
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USA v. Kelly et al, 1:19-cr-00567, No. 445 (N.D.Ill. Jul. 27, 2023)
FOR THE Northern District of Illinois − CM/ECF NextGen 1.7.1.1 Eastern Division
This docket entry was made by the Clerk on Thursday, July 27, 2023: MINUTE entry before the Honorable Harry D. Leinenweber: Telephonic ruling on motion hearing held.
Joint motion by defendants Kelly and McDavid to compel FCI Butner To Allow Visitation is denied [443].
If a minute order or other document is enclosed, please refer to it for additional information.
For scheduled events, motion practices, recent opinions and other information, visit our web site at www.ilnd.uscourts.gov.
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USA v. Kelly et al, 1:19-cr-00567, No. 445 (N.D.Ill. Jul. 27, 2023)
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USA v. Kelly et al, 1:19-cr-00567, No. 444 (N.D.Ill. Jul. 25, 2023)
FOR THE Northern District of Illinois − CM/ECF NextGen 1.7.1.1 Eastern Division
This docket entry was made by the Clerk on Tuesday, July 25, 2023: MINUTE entry before the Honorable Harry D. Leinenweber: Joint Motion to Compel FCI Butner To Allow Visitation [442] will be heard via Telephone Conference set for 7/27/2023 at 9:00 a.m.
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.
If a minute order or other document is enclosed, please refer to it for additional information.
For scheduled events, motion practices, recent opinions and other information, visit our web site at www.ilnd.uscourts.gov.
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USA v. Kelly et al, 1:19-cr-00567, No. 444 (N.D.Ill. Jul. 25, 2023)
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USA v. Kelly et al, 1:19-cr-00567, No. 438 (N.D.Ill. Mar. 27, 2023)
FOR THE Northern District of Illinois − CM/ECF NextGen 1.6.3 Eastern Division
This docket entry was made by the Clerk on Monday, March 27, 2023: MINUTE entry before the Honorable Harry D. Leinenweber: Motion to withdraw as attorney [437] is granted.
Samuel Kennedy is hereby withdrawn from the case as to Robert Sylvester Kelly.
If a minute order or other document is enclosed, please refer to it for additional information.
For scheduled events, motion practices, recent opinions and other information, visit our web site at www.ilnd.uscourts.gov.
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USA v. Kelly et al, 1:19-cr-00567, No. 438 (N.D.Ill. Mar. 27, 2023)
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USA v. Kelly et al, 1:19-cr-00567, No. 416 (N.D.Ill. Feb. 16, 2023)
Motion for Judgment of AcquittalDenied
The Government put on testimony from Charles Freeman, Lisa Van Allen, and Keith Murrell establishing that Videos 2 and 3 traveled in interstate commerce.
Kelly argues that by acquitting him on these charges, the jury necessarily concluded that the tapes acquired by Van Allen and Freeman did not contain child pornography.
Kelly’s argument on these counts is twofold: first, that he did not use a facility of interstate commerce; second, that he did not induce the minors in question, Jane, Nia, and Pauline, to engage in criminal sexual activity using the phone.
Second, the Government provided ample evidence to show that Kelly used the telephone to induce Jane, Pauline, and Nia to engage in criminal sexual activity.
If a district judge believes that “a serious danger that a miscarriage of justice has occurred-that is, that an innocent person has been convicted - he has the power to set the verdict aside.” United States v. Morales, 902 F.2d 604, 606 (7th Cir 1990).
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USA v. Kelly et al, 1:19-cr-00567, No. 416 (N.D.Ill. Feb. 16, 2023)
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USA v. Kelly et al, 1:19-cr-00567, No. 415 (N.D.Ill. Feb. 16, 2023)
FOR THE Northern District of Illinois − CM/ECF NextGen 1.6.3 Eastern Division
This docket entry was made by the Clerk on Thursday, February 16, 2023: MINUTE entry before the Honorable Harry D. Leinenweber: For the reasons stated in the Court's 2/16/23 order, Kelly's Motion for a Judgment of Acquittal (Dkt. No. 387) and Kelly's Motions for a Tew Trial (Dkt. Nos. 388, 408) are denied.
It was generated by CM/ECF, the automated docketing system used to maintain the civil and criminal dockets of this District.
If a minute order or other document is enclosed, please refer to it for additional information.
For scheduled events, motion practices, recent opinions and other information, visit our web site at www.ilnd.uscourts.gov.
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USA v. Kelly et al, 1:19-cr-00567, No. 415 (N.D.Ill. Feb. 16, 2023)
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USA v. Kelly et al, 1:19-cr-00567, No. 417 (N.D.Ill. Feb. 16, 2023)
FOR THE Northern District of Illinois − CM/ECF NextGen 1.6.3 Eastern Division
This docket entry was made by the Clerk on Thursday, February 16, 2023: MINUTE entry before the Honorable Harry D. Leinenweber: The Government's motion to defer the calculation of restitution [412] is denied.
The Court notes that the possibility of restitution is slim, considering the amount of unsatisfied judgments and IRS liens against Defendant Kelly.
If a minute order or other document is enclosed, please refer to it for additional information.
For scheduled events, motion practices, recent opinions and other information, visit our web site at www.ilnd.uscourts.gov.
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USA v. Kelly et al, 1:19-cr-00567, No. 417 (N.D.Ill. Feb. 16, 2023)
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USA v. Kelly et al, 1:19-cr-00567, No. 407 (N.D.Ill. Feb. 2, 2023)
FOR THE Northern District of Illinois − CM/ECF NextGen 1.6.3 Eastern Division
This docket entry was made by the Clerk on Thursday, February 2, 2023: MINUTE entry before the Honorable Harry D. Leinenweber: Motion to withdraw Diane O'Connell as attorney for defendant Kelly is granted [406].
It was generated by CM/ECF, the automated docketing system used to maintain the civil and criminal dockets of this District.
If a minute order or other document is enclosed, please refer to it for additional information.
For scheduled events, motion practices, recent opinions and other information, visit our web site at www.ilnd.uscourts.gov.
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USA v. Kelly et al, 1:19-cr-00567, No. 407 (N.D.Ill. Feb. 2, 2023)
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USA v. Kelly et al, 1:19-cr-00567, No. 405 (N.D.Ill. Jan. 31, 2023)
FOR THE Northern District of Illinois − CM/ECF NextGen 1.6.3 Eastern Division
This docket entry was made by the Clerk on Tuesday, January 31, 2023: MINUTE entry before the Honorable Harry D. Leinenweber: As to defendant Kelly: Defendant's sentencing submission shall be filed by 2/9/23.
Government's sentencing submission shall be filed by 2/16/23.
If a minute order or other document is enclosed, please refer to it for additional information.
For scheduled events, motion practices, recent opinions and other information, visit our web site at www.ilnd.uscourts.gov.
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USA v. Kelly et al, 1:19-cr-00567, No. 405 (N.D.Ill. Jan. 31, 2023)
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USA v. Kelly et al, 1:19-cr-00567, No. 404 (N.D.Ill. Jan. 23, 2023)
The Hyde Amendment provides that a court may award attorney’s fees to a criminal defendant where the Government prosecution was “vexatious, frivolous, or in bad faith.” Pub.L.
The Seventh Circuit has determined that for a prosecution to be vexatious, frivolous, or in bad faith, it must be “objectively deficient” or lacking in sufficient factual or legal basis.
McDavid argues that his prosecution was not based in law or fact, was without reasonable or probable cause, and that the prosecutors recklessly pursued a frivolous claim.
While the jury ultimately acquitted McDavid of the conspiracy charge, the Court finds that the elicited testimony that demonstrated a sufficient factual and legal basis to bring this claim.
Further, during trial, McDavid raised a challenge under Napue v. Illinois, 360 U.S. 264 (1959), alleging that the Government made no effort to correct false statements from its witnesses.
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USA v. Kelly et al, 1:19-cr-00567, No. 404 (N.D.Ill. Jan. 23, 2023)
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USA v. Kelly et al, 1:19-cr-00567, No. 403 (N.D.Ill. Jan. 23, 2023)
FOR THE Northern District of Illinois − CM/ECF NextGen 1.6.3 Eastern Division
This docket entry was made by the Clerk on Monday, January 23, 2023: MINUTE entry before the Honorable Harry D. Leinenweber: Motion for attorney's fees [342] is denied as to Derrel McDavid.
It was generated by CM/ECF, the automated docketing system used to maintain the civil and criminal dockets of this District.
If a minute order or other document is enclosed, please refer to it for additional information.
For scheduled events, motion practices, recent opinions and other information, visit our web site at www.ilnd.uscourts.gov.
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USA v. Kelly et al, 1:19-cr-00567, No. 403 (N.D.Ill. Jan. 23, 2023)
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USA v. Kelly et al, 1:19-cr-00567, No. 400 (N.D.Ill. Jan. 3, 2023)
FOR THE Northern District of Illinois − CM/ECF NextGen 1.6.3 Eastern Division
This docket entry was made by the Clerk on Tuesday, January 3, 2023: MINUTE entry before the Honorable Harry D. Leinenweber: Government's unopposed notion for extension of time to 1/24/23 to submit the restitution information to the U.S. Department of Probation and the Court [398] is granted as to Robert Sylvester Kelly.
No appearance is needed on 1/5/23 as notices of motions are no longer required at this time.
If a minute order or other document is enclosed, please refer to it for additional information.
For scheduled events, motion practices, recent opinions and other information, visit our web site at www.ilnd.uscourts.gov.
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USA v. Kelly et al, 1:19-cr-00567, No. 400 (N.D.Ill. Jan. 3, 2023)
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USA v. Kelly et al, 1:19-cr-00567, No. 392 (N.D.Ill. Nov. 28, 2022)
FOR THE Northern District of Illinois − CM/ECF NextGen 1.6.3 Eastern Division
This docket entry was made by the Clerk on Monday, November 28, 2022: MINUTE entry before the Honorable Harry D. Leinenweber: By agreement, Post trial motions by defendant Kelly [387, 388] are entered and briefed as follows: Government's response by 12/14/22, defendant's reply by 12/28/22.
It was generated by CM/ECF, the automated docketing system used to maintain the civil and criminal dockets of this District.
If a minute order or other document is enclosed, please refer to it for additional information.
For scheduled events, motion practices, recent opinions and other information, visit our web site at www.ilnd.uscourts.gov.
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USA v. Kelly et al, 1:19-cr-00567, No. 392 (N.D.Ill. Nov. 28, 2022)
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USA v. Kelly et al, 1:19-cr-00567, No. 343 (N.D.Ill. Oct. 18, 2022)
FOR THE Northern District of Illinois − CM/ECF NextGen 1.6.3 Eastern Division
This docket entry was made by the Clerk on Tuesday, October 18, 2022: MINUTE entry before the Honorable Harry D. Leinenweber: MOTION by Derrel McDavid For Award of Attorney's Fees [342] is entered and briefed as follows: response by 11/18/22, reply by 12/2/22.
It was generated by CM/ECF, the automated docketing system used to maintain the civil and criminal dockets of this District.
If a minute order or other document is enclosed, please refer to it for additional information.
For scheduled events, motion practices, recent opinions and other information, visit our web site at www.ilnd.uscourts.gov.
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USA v. Kelly et al, 1:19-cr-00567, No. 343 (N.D.Ill. Oct. 18, 2022)
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