USA v. Whitcomb et al

2:18-cr-00123 | Vermont District Court

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Division Burlington
Judge Chief District Judge Christina Reiss
Filed Oct. 18, 2018
Terminated March 16, 2023
Case Flags CLOSED
Last Updated: 2 months ago Show Interactive Timeline
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3 Months
  • 7/16/2025
The total sentence of imprisonment is commuted and is set to expire on 7/16/2025.
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Filing Date # Docket Text
1/21/2025EXECUTIVE GRANT OF CLEMENCY signed by President Joseph R. Biden Jr. on 1/17/2025 as to Michael Anthony Hayes. The total sentence of imprisonment is commuted and is set to expire on 7/16/2025. If applicable, up to $10,000 of the defendant's fine or restitution imposed by the court that remains at the end of the grantee's sentence is remitted. Any term of supervised release or other components of sentencing imposed by the court shall remain intact. (hbc) (Entered: 01/21/2025)
9/5/2024ATTORNEY UPDATE as to Krystal Whitcomb, Shawn Whitcomb, Michael Anthony Hayes, John Welch, Alicia Whitcomb, Brandon Darling, Michael Ashford, Chris Eastman. Attorney John J. Boscia, AUSA terminated pursuant to notification from the U.S. Attorney's Office. (law) (Entered: 09/05/2024)
9/5/2024PROBATION FORM 35 (Report and Order Terminating Probation/Supervised Release Prior to Original Expiration Date) as to Brandon Darling. Signed by Chief District Judge Christina Reiss on 9/5/2024. (law) (Entered: 09/05/2024)
5/17/2024802
  • Motion to Withdraw as CounselGranted
ORDER GRANTING 800 Motion to Withdraw as Attorney as to Shawn Whitcomb (2). Signed by Judge Christina Reiss on 5/17/2024. (This is a text-only Order.) (ejh) (Entered: 05/17/2024)
5/17/2024SUPPLEMENTAL DOCUMENT(S) by Shawn Whitcomb re: 800 MOTION to Withdraw as Attorney . (Johnson, Barclay) Text clarified on 5/20/2024 (law). (Entered: 05/17/2024)
4/17/2024
  • Motion to Withdraw as Counsel
MOTION to Withdraw as Attorney by Shawn Whitcomb. (Johnson, Barclay) (Entered: 04/17/2024)
12/20/2023
  • Order
ORDER Appointing Federal Public Defender as to Shawn Whitcomb for the limited purpose of pursing relief in light of USSG Amendment 821 and 18:3582(c)(2). Signed by Deputy Clerk on 12/20/2023. (law) (Entered: 12/20/2023)
12/19/2023798
  • Motion to Appoint CounselGranted
ORDER GRANTING 797 Motion to Appoint Counsel as to Shawn Whitcomb (2). Signed by Judge Christina Reiss on 12/19/2023. (This is a text-only Order.) (ejh) (Entered: 12/19/2023)
12/13/2023
  • Motion to Appoint Counsel
MOTION to Appoint Counsel re: 2023 Criminal History Amendments by Shawn Whitcomb. (law) (Entered: 12/13/2023)
3/16/2023
  • Motion for Judgment
JUDGMENT as to John Welch. Signed by Judge Christina Reiss on 3/16/2023. (sjl) (Entered: 03/16/2023)
3/10/2023795MINUTE ENTRY for proceedings held before Judge Christina Reiss: Sentencing held on 3/10/2023 for John Welch. AUSA Wendy Fuller and AUSA John Boscia present for gov't. Robert Behrens, Esq., and Robert Katims, Esq., present with dft. The court adopts PSR as its findings of fact. Clerk swears in Michael Owens as witness for the dft. Statements by counsel and dft. ORDERED: denying 789 MOTION for Downward Departure and/or Variance. SENTENCE: imprisonment for a term of 108 months on each count, concurrent, with credit for time served, for a total sentence of 108 months, to be followed by a 3-year term of supervised release. S/A of 200.00 imposed due immediately. Fines waived. Court makes recommendations to BOP. Parties notified of right to appeal. Gov't moves to dismiss remaining counts. ORDERED: motion granted, remaining counts dismissed. (Court Reporter: Johanna Masse) (sjl) (Entered: 03/16/2023)
3/7/2023
  • Motion to SealGranted
ORDER granting 790 MOTION to Partially Seal Sentencing Memorandum and Certain Exhibits re 789 SENTENCING MEMORANDUM and MOTION for Downward Departure and/or Variance as to John Welch (4). The public shall have the right to be present at the sentencing at which the sealed information will be discussed if it is relevant to sentencing. Signed by Judge Christina Reiss on 3/6/2023. (sjl) (Entered: 03/07/2023)
2/28/2023SENTENCING MEMORANDUM by USA as to John Welch (Fuller, Wendy) (Entered: 02/28/2023)
2/27/2023792NOTICE OF DOCKET ENTRY UPDATE as to John Welch re: 789 SENTENCING MEMORANDUM and MOTION for Downward Departure and/or Variance by John Welch. Exhibits 3, 4, 7-10, 15-17 and 27 having been received, are now attached to 789 under seal. (law) (Entered: 02/27/2023)
2/27/2023791NOTICE OF DOCKET ENTRY CORRECTION UPDATE as to John Welch re: 789 SENTENCING MEMORANDUM and MOTION for Downward Departure and/or Variance by John Welch. The sealed version of the Main Document and Index of Exhibits, along with Exhibits 28, 29 and 30 having been received, are now attached to 789 under seal. (law) (Entered: 02/27/2023)
2/26/2023
  • Motion to Seal
MOTION to Partially Seal Sentencing Memorandum and Certain Exhibits re 789 SENTENCING MEMORANDUM and MOTION for Downward Departure and/or Variance by John Welch. (Attachments: # 1 Proposed Order, # 2 Certificate of Service)(Behrens, Robert) (Entered: 02/26/2023)
2/26/2023SENTENCING MEMORANDUM and MOTION for Downward Departure and/or Variance (redacted) by John Welch (Attachments: # 1 Index of Exhibits (redacted), # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 5, # 5 Exhibit 6, # 6 Exhibit 11, # 7 Exhibit 12, # 8 Exhibit 13, # 9 Exhibit 14, # 10 Exhibit 18, # 11 Exhibit 19, # 12 Exhibit 20, # 13 Exhibit 21, # 14 Exhibit 22, # 15 Exhibit 23, # 16 Exhibit 24, # 17 Exhibit 25, # 18 Exhibit 26, # 19 Certificate of Service)(Behrens, Robert) (Additional attachment(s) added on 2/27/2023: # 20 Main Document (unredacted, sealed), # 21 Index of Exhibits (unredacted, sealed), # 22 Exhibit 28 (unredacted, sealed), # 23 Exhibit 29 (unredacted, sealed), # 24 Exhibit 30 (unredacted, sealed)</i, # 25 Exhibit 3 (filed under seal), # 26 Exhibit 4 (filed under seal), # 27 Exhibit 7 (filed under seal), # 28 Exhibit 8 (filed under seal), # 29 Exhibit 9 (filed under seal), # 30 Exhibit 10 (filed under seal), # 31 Exhibit 15 (filed under seal), # 32 Exhibit 16 (filed under seal), # 33 Exhibit 17 (filed under seal)), # 34 Exhibit 27 (filed under seal)) (law). (Entered: 02/26/2023)
1/19/2023FOURTH REVISED NOTICE OF HEARING as to John Welch: Sentencing set for 3/10/2023 at 10:00 AM in Burlington Courtroom 510 before Judge Christina Reiss. Change in start time of hearing only. (jbr) (Entered: 01/19/2023)
12/27/2022TRANSCRIPT of Sentencing hearing as to Michael Ashford held on 3/29/2022 before Judge Christina Reiss. Court Reporter/Transcriber Johanna Masse, telephone number 802-951-8102. 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 1/20/2023. Redacted Transcript Deadline set for 1/30/2023. Release of Transcript Restriction set for 3/30/2023. (jbr) (Entered: 12/27/2022)
12/22/2022SUMMONS RETURNED EXECUTED on 12/15/2022 as to Chris Eastman. (Attachments: # 1 Page 2 (sealed))(law) (Entered: 12/27/2022)
12/14/2022NOTICE OF HEARING as to Chris Eastman (8): Initial Appearance on Revocation Proceedings set for 1/5/2023 at 11:00 AM in Burlington Courtroom 410 before Judge Kevin J. Doyle. (hbc) (Entered: 12/14/2022)
12/13/2022NOTICE OF PRO SE APPEARANCE by Shawn Whitcomb.(law) (Entered: 12/14/2022)
12/13/2022THIRD REVISED NOTICE OF HEARING as to John Welch: Sentencing reset for 3/10/2023 at 01:30 PM in Burlington Courtroom 110 before Judge Christina Reiss.(law) (Entered: 12/13/2022)
12/13/2022THIRD AMENDED PROCEDURAL AND SCHEDULING ORDER as to John Welch: Sentencing Memoranda are due by 2/28/2023. Sentencing reset for 3/10/2023 at 01:30 PM. Signed by Judge Christina Reiss on 12/13/2022. (law) (Entered: 12/13/2022)
12/9/2022PROBATION FORM 12 (Petition and Order on Probation and Supervised Release) as to Chris Eastman. Signed by Judge Christina Reiss on 12/9/2022. (sjl) (Entered: 12/09/2022)
11/28/2022779
  • Motion to ContinueGranted
ORDER GRANTING 778 Unopposed Motion to Continue Sentencing as to John Welch (4). Signed by Judge Christina Reiss on 11/28/2022. (This is a text-only Order.) (ejh) (Entered: 11/28/2022)
11/22/2022
  • Motion to Continue
UNOPPOSED MOTION to Continue Sentencing Date by John Welch. (Attachments: # 1 Certificate of Service)(Behrens, Robert) (Entered: 11/22/2022)
11/21/2022
  • Motion for Judgment
JUDGMENT as to Chris Eastman. Signed by Judge Christina Reiss on 11/21/2022. (jbr) (Entered: 11/21/2022)
11/21/2022776MINUTE ENTRY for proceedings held before Judge Christina Reiss: Sentencing held on 11/21/2022 for Chris Eastman. AUSA John Boscia present for gov't. Chandler Matson, Esq., present with dft. The court adopts the PSR as its findings of fact. Statements by counsel and dft. ORDERED: granting 723 , 775 MOTIONS for Non-guideline Sentence. SENTENCE: time served followed by 3 years S/R with conditions. S/A of 100.00 imposed due immediately. Fines waived. Parties notified of right to appeal. (Court Reporter: Johanna Masse) (jbr) (Entered: 11/21/2022)
11/20/2022SUPPLEMENTAL SENTENCING MEMORANDUM and MOTION for Non-Guideline Sentence by Chris Eastman. (Attachments: # 1 Exhibit A)(Matson, Chandler) Text clarified on 11/21/2022 (law) (Entered: 11/20/2022)
10/19/2022PROBATION FORM 22 Probation Jurisdiction Transferred to District of New Hampshire as to Alicia Whitcomb. (law) (Entered: 10/19/2022)
10/14/20222ND AMENDED PROCEDURAL AND SCHEDULING ORDER as to John Welch: Sentencing Memoranda are due by 11/28/2022. Sentencing set for 12/8/2022 at 02:00 PM before Judge Christina Reiss. Signed by Judge Christina Reiss on 10/14/2022. (jbr) (Entered: 10/14/2022)
10/14/2022SECOND REVISED NOTICE OF HEARING as to John Welch: Sentencing set for 12/8/2022 at 02:00 PM in Burlington Courtroom 510 before Judge Christina Reiss.(jbr) (Entered: 10/14/2022)
10/5/2022TRANSCRIPT of Sentencing hearing as to Krystal Whitcomb held on September 30, 2022, before Judge Christina C. Reiss. Court Reporter/Transcriber Johanna Masse, telephone number (802) 951-8102. 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 10/31/2022. Redacted Transcript Deadline set for 11/10/2022. Release of Transcript Restriction set for 1/6/2023. (law) (Entered: 10/05/2022)
9/30/2022
  • Motion for Judgment
JUDGMENT as to Krystal Whitcomb. Signed by Judge Christina Reiss on 9/30/2022. (sjl) (Entered: 09/30/2022)
9/30/2022767MINUTE ENTRY for proceedings held before Judge Christina Reiss: Sentencing held on 9/30/2022 for Krystal Whitcomb. AUSA Wendy Fuller and AUSA John Boscia present for gov't. David Hoose, Esq., and Michael Straub, Esq., present with dft. The court adopts the PSR as its findings of fact. Statements by counsel. The court grants 762 MOTION to Seal. ORDERED: granting 763 MOTION For a Departure or Variance. SENTENCE: Imprisonment for a term of 89 months on Count 5, and 60 months, consecutive, on Count 4, for a total term of imprisonment of 149 months, with credit for time served, followed by 5 years S/R concurrent on both counts. Court makes recommendations to BOP. Fines waived. SA of 200.00 imposed due immediately. Parties notified of right to appeal. Gov't moves to dismiss remaining counts. ORDERED: motion granted. Counts dismissed. (Court Reporter: Johanna Masse) (jbr) (Entered: 09/30/2022)
9/23/2022NOTICE OF DOCKET ENTRY CORRECTION as to Krystal Whitcomb re: 763 SENTENCING MEMORANDUM and MOTION for Downward Departure and/or Variance by Krystal Whitcomb. The redacted main document and redacted Index of Exhibts were combined into one document. They have been broken apart and are now separately attached to Document 763 and this entry. (Attachments: # 1 Index of Exhibits (redacted)) (law) (Entered: 09/23/2022)
9/23/2022765NOTICE OF DOCKET ENTRY UPDATE as to Krystal Whitcomb re: 763 SENTENCING MEMORANDUM and MOTION for Downward Departure and/or Variance by Krystal Whitcomb. The unredacted main document and Index of Exhibits, along with Exhibits C through I having been received, are now attached to 763 under seal. (law) (Entered: 09/23/2022)
9/22/2022SENTENCING MEMORANDUM by USA as to Krystal Whitcomb (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Fuller, Wendy) (Entered: 09/23/2022)
9/22/2022SENTENCING MEMORANDUM and MOTION for Downward Departure and/or Variance by Krystal Whitcomb (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit J)(Straub, Michael) (Attachment descriptions clarified, Main Document replaced and Additional attachment(s) added on 9/23/2022: # 4 Index of Exhibits (redacted), # 5 Exhibit C (sealed), # 6 Exhibit D (sealed), # 7 Exhibit E (sealed), # 8 Exhibit F (sealed), # 9 Exhibit G (sealed), # 10 Exhibit H (sealed), # 11 Exhibit I (sealed), # 12 Main Document (unredacted, sealed), # 13 Index of Exhibits (unredacted, sealed)) (law). (Entered: 09/22/2022)
9/19/2022
  • Motion to File
MOTION to File Under Seal Sentencing Memorandum and Motion for Departure or Variance by Krystal Whitcomb. (Straub, Michael) (Entered: 09/19/2022)
8/23/2022FIFTH REVISED NOTICE OF HEARING as to Chris Eastman: Sentencing set for 11/21/2022 at 10:00 AM in Burlington Courtroom 510 before Judge Christina Reiss. (sjl) (Entered: 08/23/2022)
8/23/2022758MINUTE ENTRY for proceedings held before Judge Christina Reiss: Sentencing held on 8/23/2022 for Chris Eastman. AUSA John Boscia present for gov't. Chandler Matson, Esq., present with dft. Parties request a 90-day continuance. ORDERED: motion granted. Court continues sentencing to 11/21/2022 at 10:00 AM in Burlington Courtroom 510 before Judge Christina Reiss. (Court Reporter: Johanna Masse) (sjl) (Entered: 08/23/2022)
8/16/2022NOTICE OF DOCKET ENTRY CORRECTION as to Michael Anthony Hayes re: 737 Transcript of Sentencing hearing as to Michael Anthony Hayes held on 5/3/2022 before Judge Christina Reiss. The document has been replaced to correct some typos. The corrected document is now attached to 737 and this entry. (law) (Entered: 08/16/2022)
8/12/20223RD AMENDED PROCEDURAL AND SCHEDULING ORDER as to Krystal Whitcomb: Sentencing Memoranda are due by 9/20/2022. Sentencing set for 9/30/2022 at 10:00 AM before Judge Christina Reiss. Signed by Judge Christina Reiss on 8/12/2022. (jbr) (Entered: 08/12/2022)
8/12/2022THIRD REVISED NOTICE OF HEARING as to Krystal Whitcomb: Sentencing set for 9/30/2022 at 10:00 AM in Burlington Courtroom 510 before Judge Christina Reiss. The court has allotted a full day for this hearing (10AM until 4:30PM). (jbr) (Entered: 08/12/2022)
8/10/2022753
  • Motion to ContinueGranted
ORDER GRANTING 752 Unopposed Motion to Continue Sentencing as to Krystal Whitcomb (1). Signed by Judge Christina Reiss on 8/9/2022. (This is a text-only Order.) (ejh) (Entered: 08/10/2022)
8/9/2022
  • Motion to Continue
UNOPPOSED MOTION to Continue Sentencing by USA as to Krystal Whitcomb. (Fuller, Wendy) (Entered: 08/09/2022)
7/8/2022AMENDED PROCEDURAL AND SCHEDULING ORDER as to John Welch: Sentencing Memoranda are due by 9/9/2022. Sentencing set for 9/19/2022 at 01:00 PM before Judge Christina Reiss. Signed by Judge Christina Reiss on 9/19/2022. (jbr) (Entered: 07/08/2022)
7/8/2022REVISED NOTICE OF HEARING as to John Welch: Sentencing set for 9/19/2022 at 01:00 PM in Burlington Courtroom 510 before Judge Christina Reiss.(jbr) (Entered: 07/08/2022)
7/6/2022FOURTH REVISED NOTICE OF HEARING as to Chris Eastman: Sentencing set for 8/23/2022 at 11:00 AM in Burlington Courtroom 110 before Judge Christina Reiss.(jbr) (Entered: 07/06/2022)
7/6/2022TRANSCRIPT of Sentencing hearing as to Shawn Whitcomb held on 6/14/2022 before Judge Christina Reiss. Court Reporter/Transcriber Johanna Masse, telephone number 802-951-8102. 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 8/1/2022. Redacted Transcript Deadline set for 8/11/2022. Release of Transcript Restriction set for 10/7/2022. (jbr) (Entered: 07/06/2022)
6/27/2022THIRD REVISED NOTICE OF HEARING as to Chris Eastman: Sentencing set for 8/25/2022 at 11:00 AM in Burlington Courtroom 510 before Judge Christina Reiss. Change in Hearing start time only. (jbr) (Entered: 06/27/2022)
6/15/2022
  • Motion for Judgment
JUDGMENT as to Shawn Whitcomb. Signed by Judge Christina Reiss on 6/14/2022. (jbr) (Entered: 06/15/2022)
6/14/2022745MINUTE ENTRY for proceedings held before Judge Christina Reiss: Sentencing held on 6/14/2022 for Shawn Whitcomb. AUSA Wendy Fuller and AUSA John Boscia (via telephone conference) present for gov't. Alexandra Nelson, Esq., and Ian Carleton, Esq., present with dft. The court adopts the PSR as its findings of fact. Statements by counsel and dft. ORDERED: denying 738 MOTION for a Downward Departure. SENTENCE: 100 months on Count 5ssss, and 20 months on Count 10ssss, to run consecutive, for a total term of 120 months of imprisonment, with credit for time served. The term of imprisonment is to be followed by a 4-year term of supervised release on Count 5, and a 3-year term of supervised release on Count 10, concurrent, for a total term of 4 years supervised release. SA of 200.00 imposed due immediately. Court makes recommendations to BOP. Fines waived. Parties notified of right to appeal. Gov't moves to dismiss remaining counts. ORDERED: motion granted, counts dismissed. (Court Reporter: Johanna Masse) (jbr) (Entered: 06/15/2022)
6/13/2022
  • Motion to FileGranted
ORDER granting 742 Motion to File Under Seal as to Exhibit 8 and other portions of the Gov't sentencing Memorandum which are redacted/partially sealed. Relevant information shall be discussed on the record and in open court to which the public shall have access. Signed by Judge Christina Reiss on 6/9/2022. (jbr) (Entered: 06/13/2022)
6/9/2022
  • Motion to FileGranted
ORDER granting 739 Motion to File Under Partial Seal Sentencing Memorandum and Select Exhibits. Relevant information shall be discussed in open court and on the record to which the public shall have access. Signed by Judge Christina Reiss on 6/9/2022. (sjl) (Entered: 06/09/2022)
6/7/2022
  • Motion to File
MOTION to File Under Seal Exhibit re 741 Sentencing Memorandum and MOTION to Redact/Partially Seal Portions of Sentencing Memorandum by USA as to Shawn Whitcomb. (Attachments: # 1 Proposed Order) (sjl). Modified to add motion part to entry on 6/8/2022 (sjl). (Entered: 06/08/2022)
6/7/2022SENTENCING MEMORANDUM by USA as to Shawn Whitcomb (Attachments: # 1 Main Document (unredacted, sealed), # 2 Index of Exhibits, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8 (sealed), # 11 Exhibit 9, # 12 Exhibit 10) (sjl) (Entered: 06/08/2022)
6/7/2022740NOTICE OF DOCKET ENTRY UPDATE as to Shawn Whitcomb re: 738 SENTENCING MEMORANDUM and MOTION for Downward Departure by Shawn Whitcomb. Exhibits 3, 6, 8 and unredacted main document having been received, are now attached to 738 under seal. (law) (Entered: 06/07/2022)
6/6/2022
  • Motion to File
MOTION to File Under Partial Seal Sentencing Memorandum and Select Exhibits re 738 SENTENCING MEMORANDUM and MOTION for Downward Departure by Shawn Whitcomb. (Attachments: # 1 Proposed Order)(Carleton, Ian) Modified on 6/7/2022 to clarify text (sjl). (Entered: 06/06/2022)
6/6/2022SENTENCING MEMORANDUM and MOTION for Downward Departure by Shawn Whitcomb (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3 (filed under seal), # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6 (filed under seal), # 8 Exhibit 7, # 9 Exhibit 8 (filed under seal), # 10 Exhibit 9)(Carleton, Ian) (Attachments 4, 7 and 9 replaced; Additional attachment(s) added on 6/7/2022: # 11 Main Document (unredacted, filed under seal)) (law). (Entered: 06/06/2022)
5/26/2022TRANSCRIPT of Sentencing hearing as to Michael Anthony Hayes held on 5/3/2022 before Judge Christina Reiss. Court Reporter/Transcriber Johanna Masse, telephone number 802-951-8102. 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 6/21/2022. Redacted Transcript Deadline set for 6/30/2022. Release of Transcript Restriction set for 8/29/2022. (jbr) (Main Document 737 replaced on 8/16/2022) (law). (Entered: 05/26/2022)
5/17/2022AMENDED PROCEDURAL AND SCHEDULING ORDER as to Shawn Whitcomb: Sentencing Memoranda are due by 6/3/2022. Sentencing set for 6/14/2022 at 10:00 AM before Judge Christina Reiss. Signed by Judge Christina Reiss on 5/17/2022. (jbr) (Entered: 05/17/2022)
5/17/2022REVISED NOTICE OF HEARING as to Shawn Whitcomb: Sentencing set for 6/14/2022 at 10:00 AM in Burlington Courtroom 510 before Judge Christina Reiss.(jbr) (Entered: 05/17/2022)
5/16/2022734
  • Motion to File DocumentGranted
ORDER GRANTING 713 Motion for Leave to File Redacted Document as to Michael Anthony Hayes (3). Signed by Judge Christina Reiss on 5/13/2022. (This is a text-only Order.) (ejh) (Entered: 05/16/2022)
5/13/2022733
  • Motion to FileGranted
ORDER GRANTING 713 Motion to File Exhibit I Under Seal as to Michael Anthony Hayes (3). Signed by Judge Christina Reiss on 5/13/2022. (This is a text-only Order.) (ejh) (Entered: 05/13/2022)
5/13/2022732
  • Motion to FileGranted
ORDER GRANTING 683 Motion to File Under Seal Exhibits B-H as to Michael Anthony Hayes (3). Signed by Judge Christina Reiss on 5/13/2022. (This is a text-only Order.) (ejh) (Entered: 05/13/2022)
5/11/2022TRANSCRIPT of Arraignment and Plea to a Superseding Information hearing as to John Welch held on April 26, 2022 before Judge Christina C. Reiss. Court Reporter/Transcriber Johanna Masse, telephone number (802) 951-8102. 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 6/6/2022. Redacted Transcript Deadline set for 6/16/2022. Release of Transcript Restriction set for 8/12/2022. (law) (Entered: 05/11/2022)
5/9/2022SECOND REVISED NOTICE OF HEARING as to Chris Eastman: Sentencing set for 8/25/2022 at 02:00 PM in Burlington Courtroom 510 before Judge Christina Reiss.(jbr) (Entered: 05/09/2022)
5/6/2022729
  • Motion to ContinueGranted
ORDER granting 728 Motion to Continue as to Chris Eastman (8). Signed by Judge Christina Reiss on 5/6/2022. (This is a text-only Order.) (sjl) (Entered: 05/06/2022)
5/6/2022
  • Motion to Continue Hearingby Δ
UNOPPOSED MOTION to Continue Sentencing Hearing by Chris Eastman. (Matson, Chandler) (Entered: 05/06/2022)
5/5/2022NOTICE OF DOCKET ENTRY CORRECTION as to Michael Anthony Hayes re: 725 Judgment. The document has been replaced to correct the signature date of the judge. The corrected document is now attached to 725 as well as this entry. (jlh) (Entered: 05/05/2022)
5/5/2022SECOND AMENDED PROCEDURAL AND SCHEDULING ORDER as to Krystal Whitcomb: Sentencing Memoranda are due by 8/9/2022. Sentencing set for 8/19/2022 at 10:00 AM before Judge Christina Reiss. Signed by Judge Christina Reiss on 5/5/2022. (jbr) (Entered: 05/05/2022)
5/3/2022
  • Motion for Judgment
JUDGMENT as to Michael Anthony Hayes. Signed by Judge Christina Reiss on 5/3/2022. (jbr) (Main Document 725 replaced on 5/5/2022) (jlh). (Entered: 05/05/2022)
5/3/2022724MINUTE ENTRY for proceedings held before Judge Christina Reiss: Sentencing held on 5/3/2022 for Michael Anthony Hayes. AUSA John Boscia and AUSA Wendy Fuller (by telephone) present for gov't. Natasha Sen Esq., and Michelle Barth, Esq., present with dft. The court adopts the Plea Agreement. The court adopts PSR as its findings of fact. Statements by counsel and dft. ORDERED: granting 683 MOTION for Downward Variance. SENTENCE: As to count 8ss a term of imprisonment of 120 months; Count 19ss a term of imprisonment of 120 months to be served concurrently to Count 8ss; Count 7ss a term of imprisonment of 60 months to be served consecutively, for a total sentence of 180 months of imprisonment. The term of imprisonment is to be followed by a 4-year term of supervised release on Counts 7ss and 8ss, and 3 years on Count 19ss, concurrent for a total term of supervision of 4 years. S/A of 300.00 imposed due immediately. Fines waived. Court makes recommendations to BOP. Parties notified of right to appeal. Gov't moves to dismiss remaining counts. ORDERED: motion granted, counts dismissed. (Court Reporter: Johanna Masse) (jbr) (Entered: 05/05/2022)
5/3/2022SENTENCING MEMORANDUM and MOTION for Downward Variance by Chris Eastman (Matson, Chandler) (Entered: 05/03/2022)
5/3/2022NOTICE OF DOCKET ENTRY UPDATE as to Michael Anthony Hayes re: 584 Plea Agreement. Now that the original has been received, the document has been replaced to include the file stamp. The document is now attached to 584 and this entry. (law) (Entered: 05/03/2022)
5/3/2022PROCEDURAL AND SCHEDULING ORDER as to John Welch: Sentencing Memoranda are due by 8/5/2022. Sentencing set for 8/15/2022 at 10:00 AM in Burlington Courtroom 510 before Judge Christina Reiss. Signed by Judge Christina Reiss on 5/3/2022. (jbr) (Entered: 05/03/2022)
5/3/2022NOTICE OF HEARING as to John Welch: Sentencing set for 8/15/2022 at 10:00 AM in Burlington Courtroom 510 before Judge Christina Reiss.(jbr) (Entered: 05/03/2022)
5/2/2022SUPPLEMENTAL SENTENCING MEMORANDUM by USA as to Michael Anthony Hayes (Attachments: # 1 Exhibit 1)(Boscia, John) (Entered: 05/02/2022)
4/29/2022SENTENCING MEMORANDUM by USA as to Chris Eastman (Boscia, John) (Entered: 04/29/2022)
4/29/2022SECOND REVISED NOTICE OF HEARING as to Krystal Whitcomb: Sentencing set for 8/19/2022 and 8/22/2022 at 10:00 AM in Burlington Courtroom 510 before Judge Christina Reiss. (jbr) (Entered: 04/29/2022)
4/28/2022715NOTICE OF DOCKET ENTRY UPDATE as to Michael Anthony Hayes re: 713 REDACTED SUPPLEMENTAL SENTENCING MEMORANDUM; MOTION to File Redacted Memorandum and MOTION to File Under Seal Exhibit I. Exhibit I having been received, it is now attached to 713 under seal. (law) (Entered: 04/28/2022)
4/27/2022REDACTED SUPPLEMENTAL SENTENCING MEMORANDUM; MOTION to File Redacted Memorandum and MOTION to File Under Seal Exhibit I by Michael Anthony Hayes (Attachments: # 1 Exhibit I (filed under seal))(Sen, Natasha) Added MOTION to File Redacted Memorandum and Motion to File Under Seal Exhibit I on 4/28/2022 (law). (Attachment 1 replaced on 4/28/2022) (law). (Entered: 04/27/2022)
4/26/2022716MINUTE ENTRY for proceedings held before Judge Christina Reiss: Change of Plea Hearing as to John Welch held on 4/26/2022. Present via video conference: AUSA Wendy Fuller, AUSA John Boscia, Robert Behrens, Esq., Robert Katims, Esq., and the dft. The court makes findings re: need for a video conference in light of CARES Act. Court reviews Brady Information. Dft waives reading of the Information and waives preliminary hearing. Clerk swears in dft and the court makes inquiries. Dft waives indictment. Court accepts Court accepts Waiver of Indictment. Court informs dft rights being waived. Statement of facts and essential elements of the charge read by the govt. Court informs dft of maximum penalties. Dft enters guilty plea to counts 1ss and 2ss of the Superseding Information. Court accepts guilty plea and plea agreement. ORDERED: dft remains detained pending sentencing. Sentencing set for 8/15/2022 at 10:00 AM in Burlington Courtroom 510 before Judge Christina Reiss. (Court Reporter: Johanna Masse) (jbr) (Entered: 04/28/2022)
4/26/2022WAIVER of Appearance and Consent to Participate in Hearing Via Video Teleconference at Arraignment and Change of Plea scheduled for 4/26/2022 at 3:30 p.m. as to John Welch. Signed by Judge Christina Reiss on 4/26/2022. (sjl) (Entered: 04/27/2022)
4/26/2022WAIVER OF INDICTMENT as to John Welch. Signed by Judge Christina Reiss on 4/26/2022. (sjl) (Entered: 04/27/2022)
4/21/2022AMENDED PROCEDURAL AND SCHEDULING ORDER as to Chris Eastman: Sentencing Memoranda are due by 4/29/2022. Sentencing set for 5/9/2022 at 11:00 AM before Judge Christina Reiss. Signed by Judge Christina Reiss on 4/21/2022. (jbr) (Entered: 04/21/2022)
4/21/2022REVISED NOTICE OF HEARING as to Chris Eastman: Sentencing set for 5/9/2022 at 11:00 AM in Burlington Courtroom 510 before Judge Christina Reiss.(jbr) (Entered: 04/21/2022)
4/21/2022708MINUTE ENTRY for proceedings held before Judge Christina Reiss: Motion Hearing as to Chris Eastman held on 4/21/2022 re 695 MOTION to Revoke Detention Order. Present via video conference: AUSA Wendy Fuller, Chandler Matson, Esq., USPO Megan Thrall, and the dft. The dft consents to appearance via video conference. The judge makes findings re: need for a video conference in light in CARES Act. The court makes inquiries. Statements by counsel and dft. Dft moves to withdraw pending motion. ORDERED: court grants dft's motion to withdraw 695 . Dft remains detained pending sentencing. (Court Reporter: Johanna Masse) (jbr) (Entered: 04/21/2022)
4/12/2022707
  • OrderGranted
ORDER GRANTING 705 Assented-to Motion to Continue Sentencing Hearing on the basis of defense counsel's absence from the District as to Chris Eastman (8). Signed by Judge Christina Reiss on 4/12/2022. (This is a text-only Order.) (ejh) (Entered: 04/12/2022)
4/12/2022NOTICE OF HEARING as to Chris Eastman re: 695 MOTION to Revoke Detention Order. Motion Hearing set for 4/21/2022 at 02:00 PM, via video conference, in Burlington Courtroom 510 before Judge Christina Reiss. (sjl) (Entered: 04/12/2022)
4/11/2022ASSENTED-TO MOTION to Continue Sentencing Hearing by Chris Eastman. (Matson, Chandler) (Entered: 04/11/2022)
3/29/2022
  • Motion for Judgment
JUDGMENT as to Michael Ashford. Signed by Judge Christina Reiss on 3/29/2022. (jbr) (Entered: 03/29/2022)
3/29/2022702MINUTE ENTRY for proceedings held before Judge Christina Reiss: Sentencing held on 3/29/2022 for Michael Ashford. AUSA John Boscia present for gov't. Gordon Gebauer, Esq., present with dft. The court adopts the PSR as its findings of fact. Statements by counsel and dft. ORDERED: granting 693 MOTION for a Downward Variance. SENTENCE: Imprisonment for 12 months on count 1, Docket 2:19-cr-044, and 60 months on count 8, Docket 2:18-cr-123-7, consecutive, for a total term of 72 months with credit for time served to be followed by a three-year term of Supervised Release on Count One, Docket 2:19-cr-044-1, and a four-year term of supervised release on Count Eight, Docket 2:18-cr-123-7, concurrent, for a total term of 4 years of Supervised Release. S/A of 100.00 imposed due immediately on both dockets (18-cr-123 and 19:cr-044)for a total of 200.00 S/A. Fines waived. Parties notified of right to appeal. Court makes recommendations to BOP. (Court Reporter: Johanna Masse) (jbr) (Entered: 03/29/2022)
3/28/2022701
  • Motion to Continue HearingGranted
ORDER GRANTING 700 Unopposed Motion to Continue Sentencing Hearing as to Krystal Whitcomb (1). Signed by Judge Christina Reiss on 3/28/2022. (This is a text-only Order.) (ejh) (Entered: 03/28/2022)
3/28/2022
  • Motion to Continue
UNOPPOSED MOTION to Continue Sentencing by Krystal Whitcomb. (Straub, Michael) Modified on 3/28/2022 to clarify docket entry (sjl). (Entered: 03/28/2022)
3/25/2022NOTICE OF HEARING as to John Welch: Arraignment and Plea to a Superseding Information Hearing set for 4/26/2022 at 03:30 PM in Burlington Courtroom 510 before Judge Christina Reiss.(jbr) (Entered: 03/25/2022)
3/24/2022SUPPLEMENTAL SENTENCING MEMORANDUM by Michael Ashford (Attachments: # 1 Statement of Defendant's Counsel, # 2 Ready2Work Certificate, # 3 Reentry Certificate, # 4 Certificate of Service)(Gebauer, Jr., Gordon) Attachment descriptions clarified on 3/25/2022 (law) (Entered: 03/24/2022)
3/23/2022PLEA AGREEMENT as to John Welch. (not original signature(s)) (law) (Entered: 03/24/2022)
3/23/2022SUPERSEDING INFORMATION as to John Welch (4) count(s) 1ss, 2ss. (law) (Entered: 03/24/2022)
3/22/2022
  • Motionby Δ
MOTION to Revoke Detention Order by Chris Eastman. (Attachments: # 1 Exhibit A)(Matson, Chandler) (Entered: 03/22/2022)
3/18/2022SENTENCING MEMORANDUM by USA as to Michael Ashford (Boscia, John) (Entered: 03/18/2022)
3/18/2022SENTENCING MEMORANDUM and MOTION for Downward Variance by Michael Ashford (Attachments: # 1 Defendant's Statement, # 2 Letter of Support (Carbonneau), # 3 Letter of Support (Peavey), # 4 Letter of Support (Morris), # 5 Letter of Support (Ste. Marie), # 6 Letter of Support (Ashford), # 7 Letter of Support (Asford-Crown), # 8 Certificate of Service)(Gebauer, Jr., Gordon) Attachment names clarified on 3/18/2022 (jlh). (Entered: 03/18/2022)
3/18/2022SECOND REVISED NOTICE OF HEARING as to Michael Anthony Hayes: Sentencing set for 5/3/2022 at 01:00 PM in Burlington Courtroom 510 before Judge Christina Reiss.(jbr) (Entered: 03/18/2022)
3/16/2022687
  • Motion to Continue HearingGranted
ORDER GRANTING 686 Unopposed Motion to Continue Sentencing Hearing as to Michael Anthony Hayes (3). Signed by Judge Christina Reiss on 3/16/2022. (This is a text-only Order.) (ejh) (Entered: 03/16/2022)
3/15/2022
  • Motion to Continue
UNOPPOSED MOTION to Continue Sentencing by USA as to Michael Anthony Hayes. (Fuller, Wendy) (Entered: 03/15/2022)
3/11/2022685NOTICE OF DOCKET ENTRY UPDATE as to Michael Anthony Hayes re: 683 SENTENCING MEMORANDUM and MOTION for Downward Variance by Michael Anthony Hayes. The unredacted Memorandum, Exhibits, and Transcripts having been received are now attached to 683 under seal. (jlh) (Entered: 03/11/2022)
3/10/2022SENTENCING MEMORANDUM by USA as to Michael Anthony Hayes (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7 (9) Exhibit 8) (Boscia, John) Modified on 3/11/2022 to correct exhibit titles (sjl). (Entered: 03/10/2022)
3/10/2022SENTENCING MEMORANDUM and MOTION for Downward Variance and MOTION to File Redacted Memorandum and Seal Exhibits B-H by Michael Anthony Hayes (Attachments: # 1 Exhibit A, # 2 Exhibit B (filed under seal), # 3 Exhibit C (filed under seal), # 4 Exhibit D (filed under seal), # 5 Exhibit E (filed under seal), # 6 Exhibit F (filed under seal), # 7 Exhibit G (filed under seal), # 8 Exhibit H (filed under seal))(Sen, Natasha) (Attachment 2, 3, 4, 5, 6, 7 replaced on 3/11/2022) (jlh) (Additional attachment(s) added on 3/11/2022: # 9 Main Document (unredacted, sealed)) (jlh). (Additional attachment(s) added on 3/11/2022: # 10 Transcript of Witness 1 (sealed), # 11 Transcript of Witness 2 (sealed), # 12 Transcript of Witness 3 (sealed), # 13 Transcript of Witness 4 (sealed), # 14 Transcript of Witness 5 (sealed), # 15 Transcript of Witness 6 (sealed), # 16 Transcript of Witness 7 (sealed)) (jlh). Added MOTION to File Under Seal on 3/16/2022 (sjl). (Additional attachment(s) added on 3/16/2022: # 17 Index of Exhibits (sealed)) (jlh). (Entered: 03/10/2022)
3/10/2022TRANSCRIPT of Motion for Review of the Order of Detention hearing as to Chris Eastman held on December 29, 2020, before Judge Christina C. Reiss. Court Reporter/Transcriber Johanna Masse, telephone number (802) 951-8102. 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 4/4/2022. Redacted Transcript Deadline set for 4/14/2022. Release of Transcript Restriction set for 6/13/2022. (law) (Entered: 03/10/2022)
3/10/2022TRANSCRIPT of Violation of Conditions of Release hearing as to Chris Eastman held on June 11, 2021, before Judge Christina C. Reiss. Court Reporter/Transcriber Johanna Masse, telephone number (802) 951-8102. 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 4/4/2022. Redacted Transcript Deadline set for 4/14/2022. Release of Transcript Restriction set for 6/13/2022. (law) (Entered: 03/10/2022)
3/10/2022TRANSCRIPT of Hearing to Show Cause as to Why Conditions of Release Should Not Be Revoked as to Chris Eastman held on June 4, 2021, before Judge Christina C. Reiss. Court Reporter/Transcriber Johanna Masse, telephone number (802) 951-8102. 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 4/4/2022. Redacted Transcript Deadline set for 4/14/2022. Release of Transcript Restriction set for 6/13/2022. (law) (Entered: 03/10/2022)
3/10/2022TRANSCRIPT of Change of Plea hearing as to Chris Eastman held on December 16, 2021, before Judge Christina C. Reiss. Court Reporter/Transcriber Johanna Masse, telephone number (802) 951-8102. 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 4/4/2022. Redacted Transcript Deadline set for 4/14/2022. Release of Transcript Restriction set for 6/13/2022. (law) (Entered: 03/10/2022)
3/10/2022TRANSCRIPT of Sentencing hearing as to Alicia Whitcomb held on May 19, 2021, before Judge Christina C. Reiss. Court Reporter/Transcriber Johanna Masse, telephone number (802) 951-8102. 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 4/4/2022. Redacted Transcript Deadline set for 4/14/2022. Release of Transcript Restriction set for 6/13/2022. (law) (Entered: 03/10/2022)
3/10/2022TRANSCRIPT of Motion for Revocation of Conditions of Release hearing as to Alicia Whitcomb held on October 29, 2020, before Judge Christina C. Reiss. Court Reporter/Transcriber Johanna Masse, telephone number (802) 951-8102. 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 4/4/2022. Redacted Transcript Deadline set for 4/14/2022. Release of Transcript Restriction set for 6/13/2022. (law) (Entered: 03/10/2022)
3/4/2022
  • OrderGranted
ORDER granting 672 MOTION To Participate in a Therapeutic Community Program as to Shawn Whitcomb (2). Signed by Judge Christina Reiss on 3/3/2022. (sjl) (Entered: 03/04/2022)
3/3/2022
  • Motionby Δ
MOTION To Participate in a Therapeutic Community Program by Shawn Whitcomb. (Attachments: # 1 Proposed Order)(Carleton, Ian) (Entered: 03/03/2022)
3/2/2022TRANSCRIPT of Motion for Reconsideration of the Order of Detention hearing as to Shawn Whitcomb held on December 22, 2020, before Judge Christina C. Reiss. Court Reporter/Transcriber Johanna Masse, telephone number (802) 951-8102. 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 3/28/2022. Redacted Transcript Deadline set for 4/7/2022. Release of Transcript Restriction set for 6/3/2022. (law) (Entered: 03/02/2022)
3/2/2022TRANSCRIPT of Motion for Revocation of Release hearing as to Shawn Whitcomb held on October 30, 2020, before Judge Christina C. Reiss. Court Reporter/Transcriber Johanna Masse, telephone number (802) 951-8102. 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 3/28/2022. Redacted Transcript Deadline set for 4/7/2022. Release of Transcript Restriction set for 6/3/2022. (law) (Entered: 03/02/2022)
3/2/2022TRANSCRIPT of Violation of Conditions of Release and Motion to Quash Subpoena hearing as to Shawn Whitcomb held on June 5, 2020, before Judge Christina C. Reiss. Court Reporter/Transcriber Johanna Masse, telephone number (802) 951-8102. 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 3/28/2022. Redacted Transcript Deadline set for 4/7/2022. Release of Transcript Restriction set for 6/3/2022. (law) (Entered: 03/02/2022)
3/2/2022TRANSCRIPT of Violation of Conditions of Release hearing as to Shawn Whitcomb held on May 18, 2020, before Judge Christina C. Reiss. Court Reporter/Transcriber Johanna Masse, telephone number (802) 951-8102. 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 3/28/2022. Redacted Transcript Deadline set for 4/7/2022. Release of Transcript Restriction set for 6/3/2022. (law) (Entered: 03/02/2022)
3/2/2022TRANSCRIPT of Motion to Revoke Detention Order and Motion for Release from Custody hearing as to Shawn Whitcomb held on May 1, 2020, before Judge Christina C. Reiss. Court Reporter/Transcriber Johanna Masse, telephone number (802) 951-8102. 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 3/28/2022. Redacted Transcript Deadline set for 4/7/2022. Release of Transcript Restriction set for 6/3/2022. (law) (Entered: 03/02/2022)
3/2/2022TRANSCRIPT of Sentencing hearing as to Brandon Darling held on June 2, 2021, before Judge Christina C. Reiss. Court Reporter/Transcriber Johanna Masse, telephone number (802) 951-8102. 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 3/28/2022. Redacted Transcript Deadline set for 4/7/2022. Release of Transcript Restriction set for 6/3/2022. (law) (Entered: 03/02/2022)
3/2/2022TRANSCRIPT of Motion for Revocation of Conditions of Release hearing as to Brandon Darling held on October 14, 2020, before Judge Christina C. Reiss. Court Reporter/Transcriber Johanna Masse, telephone number (802) 951-8102. 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 3/28/2022. Redacted Transcript Deadline set for 4/7/2022. Release of Transcript Restriction set for 6/3/2022. (law) (Entered: 03/02/2022)
3/2/2022TRANSCRIPT of Change of Plea hearing as to Chris Eastman held on December 28, 2021, before Judge Christina C. Reiss. Court Reporter/Transcriber Johanna Masse, telephone number (802) 951-8102. 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 3/28/2022. Redacted Transcript Deadline set for 4/7/2022. Release of Transcript Restriction set for 6/3/2022. (law) (Entered: 03/02/2022)
3/2/2022TRANSCRIPT of Change of Plea hearing as to Shawn Whitcomb held on January 18, 2022, before Judge Christina C. Reiss. Court Reporter/Transcriber Johanna Masse, telephone number (802) 951-8102. 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 3/28/2022. Redacted Transcript Deadline set for 4/7/2022. Release of Transcript Restriction set for 6/3/2022. (law) (Entered: 03/02/2022)
2/18/2022SEARCH AND SEIZURE WARRANT RETURNED Executed on 2/15/2022 re: DNA Buccal Swabs from Michael Hayes as to Michael Anthony Hayes. (Attachments: # 1 Attachment A, # 2 Attachment B)(sjl) (Entered: 02/18/2022)
2/15/2022APPLICATION for Search Warrant re: DNA Buccal Swabs from Michael Hayes as to Michael Anthony Hayes. (Attachments: # 1 Attachment A, # 2 Attachment B, # 3 Affidavit of Ashley Barnes) (sjl) (Entered: 02/15/2022)
2/9/2022SEARCH AND SEIZURE WARRANT RETURNED Executed on 10/25/2021 re: Twenty-Five Electronic Devices as to Krystal Whitcomb, Shawn Whitcomb, Michael Anthony Hayes, John Welch, Michael Ashford, Chris Eastman. (Attachments: # 1 Attachment A, # 2 Attachment B)(sjl) (Entered: 02/10/2022)
2/9/2022656
  • Order
ORDER re: 652 Waiver of Minimum Time to Trial as to John Welch. Pursuant to 18 U.S.C. § 3161(h)(7)(A), the court finds that the interests of justice are best served by granting Defendant's request to exclude time from the last status conference on January 18, 2022, until the start of the trial on May 10, 2022, and that the interests of justice outweigh the interests of the Defendant and the public in a speedy trial. It is further ORDERED that the period of delay shall be excludable in computing time under the Speedy Trial Act and this District's Plan for Prompt Disposition of Criminal Cases. (This is a text-only Order.). Signed by Judge Christina Reiss on 2/9/2022. (ejh) (Entered: 02/09/2022)
2/8/2022AMENDED PROCEDURAL AND SCHEDULING ORDER as to Krystal Whitcomb: Sentencing Memoranda are due by 4/8/2022. Sentencing set for 4/19/2022 at 10:00 AM before Judge Christina Reiss. Signed by Judge Christina Reiss on 2/8/2022. (jbr) (Entered: 02/08/2022)
2/8/2022REVISED NOTICE OF HEARING as to Krystal Whitcomb: Sentencing set for 4/19/2022 at 10:00 AM in Burlington Courtroom 510 before Judge Christina Reiss.(jbr) (Entered: 02/08/2022)
2/8/2022653
  • Motion to ContinueDenied
ORDER DENYING 637 Motion to Continue Sentencing as to Krystal Whitcomb (1). Signed by Judge Christina Reiss on 2/8/2022. (This is a text-only Order.) (ejh) (Entered: 02/08/2022)
2/1/2022WAIVER of Minimum Time to Trial by John Welch (Attachments: # 1 Certificate of Service)(Behrens, Robert) (Entered: 02/01/2022)
1/26/2022NOTICE OF HEARING as to John Welch: Jury Draw set for 5/10/2022 at 09:30 AM in Burlington Courtroom 510 before Judge Christina Reiss. Jury Trial will commence immediately after Jury Draw. Trial will be held daily from 9:00 am until 4:30 pm until 5/24/2022. (jbr) (Entered: 01/26/2022)
1/26/2022NOTICE OF DOCKET ENTRY CORRECTION as to Krystal Whitcomb re: 649 Response in Opposition to 637 MOTION to Continue Sentencings. Attachment 1 has been replaced to remove the illegible duplicate pdf header(s). The corrected document is now attached to 649 and this entry. (law) (Entered: 01/26/2022)
1/25/2022
  • Motion to Continue
RESPONSE in Opposition to 637 MOTION to Continue Sentencings by Krystal Whitcomb. (Attachments: # 1 Attachment 1)(Straub, Michael) (Attachment 1 replaced on 1/26/2022) (law). (Entered: 01/25/2022)
1/25/2022AMENDED PROCEDURAL AND SCHEDULING ORDER as to Michael Anthony Hayes: Sentencing Memoranda are due by 3/7/2022. Sentencing set for 3/17/2022 at 10:00 AM before Judge Christina Reiss. Signed by Judge Christina Reiss on 1/25/2022. (jbr) (Entered: 01/25/2022)
1/25/2022REVISED NOTICE OF HEARING as to Michael Anthony Hayes: Sentencing set for 3/17/2022 at 10:00 AM in Burlington Courtroom 110 before Judge Christina Reiss.(jbr) (Entered: 01/25/2022)
1/18/2022PLEA AGREEMENT as to Shawn Whitcomb. (kp) (Date filed corrected and Main Document 646 replaced on 1/24/2022) (law). (Entered: 01/20/2022)
1/18/2022645MINUTE ENTRY for proceedings held before Judge Christina Reiss: Pretrial Conference as to John Welch held on 1/18/2022. Wendy Fuller, AUSA and John Boscia, AUSA present for gov't. Robert Behrens, Esq. and Robert Katims, Esq. present with deft. The court makes inquiries. Statements by counsel. Court reviews trial procedures. ORDERED: within 10 days gov't to determine if any new information presented to deft recently; Jury Draw set as pick-and-go starting 5/10/2022 at 09:30 AM and continue through 5/24/2022; joint statement of the case and jury instructions due first day of trial; exhibit lists and motions in limine due 14 days in advance of trial; witness lists due by 4/1/2022. Parties to notify the court if they reach an agreement. (Court Reporter: Johanna Masse) (law) (Entered: 01/18/2022)
1/18/2022NOTICE OF HEARING as to Shawn Whitcomb: Sentencing set for 6/6/2022 at 10:00 AM in Burlington Courtroom 510 before Judge Christina Reiss.(law) (Entered: 01/18/2022)
1/18/2022PROCEDURAL AND SCHEDULING ORDER as to Shawn Whitcomb: Sentencing Memoranda are due by 5/27/2022. Sentencing set for 6/6/2022 at 10:00 AM before Judge Christina Reiss. Signed by Judge Christina Reiss on 1/18/2022. (law) (Entered: 01/18/2022)
1/18/2022642MINUTE ENTRY for proceedings held before Judge Christina Reiss: Change of Plea Hearing as to Shawn Whitcomb held on 1/18/2022. John Boscia, AUSA present for gov't. Ian Carleton, Esq. and Alex Nelson, Esq. present with deft. Clerk swears deft and court makes inquiries. Court informs deft of rights being waived. Statement of essential elements and factual basis for the charge read by the gov't. Court informs deft of maximum penalties. Guilty plea entered as to Counts 5 and 10 of the 342 Fourth Superseding Indictment. Court makes findings; accepts guilty plea and plea agreement. ORDERED: Sentencing set for Sentencing set for 6/6/2022 at 10:00 AM, deft remains detained pending sentencing. (Court Reporter: Johanna Masse) (law) (Entered: 01/18/2022)
1/18/2022641
  • Motion to Continue HearingDenied
ORDER DENYING 637 Motion to Continue Sentencing Hearing as to Michael Anthony Hayes (3). Signed by Judge Christina Reiss on 1/18/2022. (This is a text-only Order.) (ejh) (Entered: 01/18/2022)
1/15/2022
  • Motion to Continue
RESPONSE in Opposition to 637 MOTION to Continue Sentencings by Michael Anthony Hayes. (Sen, Natasha) (Entered: 01/15/2022)
1/14/2022REVISED NOTICE OF HEARING as to John Welch: Pretrial Conference set for 1/18/2022 at 11:30 AM in Burlington Courtroom 510 before Judge Christina Reiss. Change in start time of Hearing only. (jbr) (Entered: 01/14/2022)
1/14/2022REVISED NOTICE OF HEARING as to Shawn Whitcomb: Change of Plea Hearing set for 1/18/2022 at 11:00 AM in Burlington Courtroom 510 before Judge Christina Reiss. (jbr) (Entered: 01/14/2022)
1/12/2022
  • Motion to Continue
MOTION to Continue Sentencings by USA as to Krystal Whitcomb, Michael Anthony Hayes. (Fuller, Wendy) (Entered: 01/12/2022)
1/4/2022636MINUTE ENTRY for proceedings held before Judge Christina Reiss: Telephone Conference as to Michael Anthony Hayes held on 1/4/2022, Present on the telephone: AUSA Wendy Fuller, Natasha Sen, Esq., and Michelle Anderson Barth, Esq. The court makes inquiries. Statements by counsel. ORDERED: the court makes recommendations to USMS re: facility placement. Deputy Clerk to relay to USMS facility recommendations stated on the record. (Court Reporter: Johanna Masse) (jbr) (Entered: 01/04/2022)
12/28/2021PROCEDURAL AND SCHEDULING ORDER as to Chris Eastman: Sentencing Memoranda are due by 4/11/2022. Sentencing set for 4/21/2022 at 02:00 PM before Judge Christina Reiss. Signed by Judge Christina Reiss on 12/28/2021. (jbr) (Entered: 12/28/2021)
12/28/2021NOTICE OF HEARING as to Chris Eastman: Sentencing set for 4/21/2022 at 02:00 PM in Burlington Courtroom 510 before Judge Christina Reiss.(jbr) (Entered: 12/28/2021)
12/28/2021633MINUTE ENTRY for proceedings held before Judge Christina Reiss: Change of Plea Hearing as to Chris Eastman held on 12/28/2021. AUSA Wendy Fuller present for gov't. Chandler Matson, Esq., present with dft. The clerk swears in dft and the court makes inquiries. Dft waives reading of the 4th Superseding Indictment. Plea Agreement reviewed. Court informs dft of rights being waived. Statement of essential elements and factual basis for the charge read by govt. Court informs dft of maximum penalties. Guilty plea entered as to count 19. Court accepts guilty plea and Plea Agreement. Court takes up the violation Hearing and detention v. release. Dft admits to violation. Court accepts admission and finds dft violated. Statements by counsel and dft re: release v. detention. ORDERED: dft remains detained pending sentencing. Court makes recommendations to USMS re: facility placement. Sentencing set for 4/21/2022 at 02:00 PM in Burlington Courtroom 510 before Judge Christina Reiss. (Court Reporter: Johanna Masse) (jbr) (Entered: 12/28/2021)
12/21/2021NOTICE OF HEARING as to Michael Anthony Hayes: Telephone Conference set for 1/4/2022 at 02:30 PM in Burlington Courtroom 510 before Judge Christina Reiss.(jbr) (Entered: 12/21/2021)
12/17/2021NOTICE OF DOCKET ENTRY CORRECTION as to Chris Eastman re: 605 Plea Agreement. Now that the original has been received, the document has been replaced to include the file stamp. The document is now attached to 605 and this entry. (law) (Entered: 12/17/2021)
12/16/2021REVISED NOTICE OF HEARING as to Chris Eastman: Change of Plea Hearing set for 12/28/2021 at 11:00 AM in Burlington Courtroom 510 before Judge Christina Reiss.(jbr) (Entered: 12/16/2021)
12/16/2021
  • Order
ORDER OF DETENTION as to Chris Eastman. Signed by Judge Christina Reiss on 12/16/2021. (jbr) (Entered: 12/16/2021)
12/16/2021622MINUTE ENTRY for proceedings held before Judge Christina Reiss: Change of Plea Hearing as to Chris Eastman held on 12/16/2021. AUSA John Boscia present for gov't. Chandler Matson, Esq., present with dft. The clerk swears in dft and the court makes inquiries. Statements by counsel and dft. Dft presumptive positive for illicit substances and reporting other issues. Court makes inquiries. Statements by counsel and dft. ORDRERED: the court finds by clear and convincing evidence that no condition or combinations of conditions of release reasonably assure the safety of any other person and the community. The dft is remanded to the custody of the USMS and detained. Change of Plea Hearing set for 12/28/2021 at 11:00 AM in Burlington Courtroom 510 before Judge Christina Reiss. (Court Reporter: Johanna Masse) (jbr) (Entered: 12/16/2021)
12/14/2021NOTICE OF HEARING as to Shawn Whitcomb, John Welch: Pretrial Conference set for 1/18/2022 at 11:00 AM in Burlington Courtroom 510 before Judge Christina Reiss(jbr) (Entered: 12/14/2021)
12/14/2021620MINUTE ENTRY for proceedings held before Judge Christina Reiss: Pretrial Conference as to Shawn Whitcomb, John Welch held on 12/14/2021. AUSA Wendy Fuller and AUSA John Boscia present for gov't. Robert Behrens, Esq., and Robert Katims, Esq., present with dft John Welch. Alexandra Nelson, Esq., present with dft Shawn Whitcomb. The court makes inquiries. Statements by counsel. Dft Welch requests court reschedule Pretrial Conference for 90 days given the time needed to review new discovery material. Dft Welch makes inquiries re: speedy trial exclusion. Statements by counsel. ORDERED: parties to file Motion and proposed Order re: Speedy Trial exclusion. Parties to notify the court if they reach a resolution. Pretrial Conference rescheduled for 1/18/2022 at 11:00 AM in Burlington Courtroom 510 before Judge Christina Reiss (Court Reporter: Johanna Masse) (jbr) (Entered: 12/14/2021)
12/13/2021STIPULATED PROTECTIVE ORDER granting 614 JOINT MOTION for Protective Order as to John Welch (4). Signed by Judge Christina Reiss on 12/13/2021. (kp) (Entered: 12/13/2021)
11/23/2021
  • Motion for Protective Order
JOINT MOTION for Protective Order by John Welch. (Attachments: # 1 Proposed Order, # 2 Certificate of Service)(Behrens, Robert) (Entered: 11/23/2021)
11/22/2021NOTICE OF DOCKET ENTRY CORRECTION as to Michael Ashford re: 611 Revised Notice of Hearing. The document has been replaced to include the rescheduled from information. The corrected document is now attached to 611 and this entry. (law) (Entered: 11/22/2021)
11/19/2021AMENDED PROCEDURAL AND SCHEDULING ORDER as to Michael Ashford: Sentencing Memoranda are due by 3/18/2022. Sentencing set for 3/29/2022 at 10:00 AM before Judge Christina Reiss. Signed by Judge Christina Reiss on 11/19/2021. (jbr) (Entered: 11/19/2021)
11/19/2021REVISED NOTICE OF HEARING as to Michael Ashford: Sentencing set for 3/29/2022 at 10:00 AM in Burlington Courtroom 510 before Judge Christina Reiss.(jbr) (Main Document 611 replaced on 11/22/2021) (law). (Entered: 11/19/2021)
11/12/2021PROCEDURAL AND SCHEDULING ORDER as to Krystal Whitcomb: Sentencing Memoranda are due by 2/11/2022. Sentencing set for 2/24/2022 at 02:00 PM before Judge Christina Reiss. Signed by Judge Christina Reiss on 11/12/2021. (jbr) (Entered: 11/12/2021)
11/9/2021NOTICE OF HEARING as to Christopher Eastman: Change of Plea Hearing set for 12/16/2021 at 02:00 PM in Burlington Courtroom 510 before Judge Christina Reiss.(jbr) (Entered: 11/09/2021)
11/9/2021NOTICE OF HEARING as to Shawn Whitcomb, John Welch: Pretrial Conference set for 12/14/2021 at 01:00 PM in Burlington Courtroom 510 before Judge Christina Reiss(jbr) (Entered: 11/09/2021)
11/5/2021PLEA AGREEMENT as to Chris Eastman. (law) (Main Document 605 replaced on 12/17/2021) (law). (Entered: 11/05/2021)
11/5/2021
  • Motion to SuppressDenied
OPINION AND ORDER denying 287 Motion to Suppress Facebook Warrant and denying 514 Motion to Suppress Phone records from 10/23/18 and 11/23/18 Warrants as to John Welch (4). Signed by Judge Christina Reiss on 11/5/2021. (law) (Entered: 11/05/2021)
10/22/2021APPLICATION for Search Warrant re: Twenty-Five Electronic Devices in the Custody of the Vermont State Police as to Krystal Whitcomb, Shawn Whitcomb, Michael Anthony Hayes, John Welch, Michael Ashford, Chris Eastman. (Attachments: # 1 Attachment A, # 2 Attachment B, # 3 Affidavit of Ashley Barnes, # 4 Exhibit 1, # 5 Exhibit 2) (kp) (Entered: 10/22/2021)
10/19/2021PROCEDURAL AND SCHEDULING ORDER as to Michael Ashford: Sentencing Memoranda are due by 2/22/2022. Sentencing set for 3/3/2022 at 02:00 PM in Burlington Courtroom 510 before Judge Christina Reiss. Signed by Judge Christina Reiss on 10/19/2021. (kp) (Entered: 10/19/2021)
10/19/2021NOTICE OF HEARING as to Michael Ashford: Sentencing set for 3/3/2022 at 02:00 PM in Burlington Courtroom 510 before Judge Christina Reiss.(kp) (Entered: 10/19/2021)
10/19/2021PROCEDURAL AND SCHEDULING ORDER as to Michael Anthony Hayes: Sentencing Memoranda are due by 2/18/2022. Sentencing set for 2/28/2022 at 10:00 AM in Burlington Courtroom 510 before Judge Christina Reiss. Signed by Judge Christina Reiss on 10/19/2021. (kp) (Entered: 10/19/2021)
10/19/2021NOTICE OF HEARING as to Michael Anthony Hayes: Sentencing set for 2/28/2022 at 10:00 AM in Burlington Courtroom 510 before Judge Christina Reiss.(kp) (Entered: 10/19/2021)
10/18/2021595MINUTE ENTRY for proceedings held before Judge Christina Reiss: Motion Hearing as to Shawn Whitcomb, John Welch held on 10/18/2021. AUSA Wendy Fuller and John Boscia present for gov't. Robert Behrens., Esq, and Robert Katims, Esq., present with dft John Welch. Alex Nelson, Esq., present with dft Shawn Whitcomb. Court makes inquiries. Statements by counsel. ORDERED: Denying 504 MOTION to Exclude Government Expert Witnesses. Gov't expert witness disclosures due 12/15/2021. Dft Motions to Sever 288 , 503 , and 517 MOTION to Exclude Statements of Co-Defendants as Evidence at Trial DENIED as premature. Dft may renew motions as a Motion in Limine in advance of trial. Motion 514 MOTION to Suppress Phone records and 287 MOTION to Suppress Facebook Warrant taken under advisement. Dft moves to withdraw MOTION 565 to Dismiss Indictment. ORDERED: motion granted as withdrawn. (Court Reporter: Johanna Masse) (jbr) (Entered: 10/18/2021)
10/18/2021594MINUTE ENTRY: Change of Plea Hearing as to Michael Ashford held on 10/18/2021. Present via videoconference: AUSA John Boscia, Gordon C. Gebauer, Jr., Esq. and the dft. Dft waives in-person appearance and consents to videoconference. The court makes findings re: need for a videoconference in light of CARES Act. Clerk swears in dft and court makes inquiries. Dft waives reading of the Fourth Superseding Indictment. Plea Agreement reviewed. Court informs dft of rights being waived. Statement of essential elements and factual basis for the charge read by govt. Court informs dft of maximum penalties. Guilty plea entered as to count 8 of the Fourth Superseding Indictment. Court accepts guilty plea and Plea Agreement. ORDERED: dft remains detained pending sentencing. Sentencing set for 3/3/2022 at 2:00 p.m. in Burlington Courtroom 510 before Judge Christina Reiss. Dft moves to withdraw pending Motions. ORDERED: request granted; 508 Motion to Sever Trial and 509 Motion to Exclude Statements of Co-Defendants as Evidence at Trial are withdrawn.(Court Reporter: Johanna Masse) (kp) (Entered: 10/18/2021)
10/18/2021PLEA AGREEMENT as to Michael Ashford. Not original signatures. Document will be replaced upon receipt of original. (jbr) (Entered: 10/18/2021)
10/15/2021592MINUTE ENTRY for proceedings held before Judge Christina Reiss: Change of Plea Hearing as to Michael Anthony Hayes held on 10/15/2021. Present on video: AUSA John Boscia and AUSA Wendy Fuller for gov't. Natasha Sen, Esq., and Michelle Anderson Barth, Esq., with dft. The court makes findings re: need for a videoconference in light of Covid Orders. The court reads Exhibit A, Jessica Zaleski, Esq., submission, into the record and considers it part of the Plea Agreement. The clerk swears in the dft and the court makes inquiries. Dft waives reading of the 4th Superseding Indictment. Plea Agreement reviewed. Court informs dft of rights being waived. Statement of essential elements and factual basis for the charge read by govt. Court informs dft of maximum penalties. Guilty plea entered as to count 7ss, 8ss, 19ss of the 4th Superseding Indictment. Court accepts guilty plea and Plea Agreement. Dft moves to withdraw his pending motions. ORDERED: 510 , 512 , 519 , 520 , 521 are withdrawn. ORDERED: dft remains detained pending sentencing. Sentencing set for 2/28/2022 at 10:00 AM in Burlington Courtroom 510 before Judge Christina Reiss. (Court Reporter: Johanna Masse) (jbr) (Entered: 10/15/2021)
10/14/2021WAIVER of Appearance and Consent to Participate in Hearing Via Video Teleconference at Change of Plea scheduled for 10/15/2021 at 1:00 p.m. as to Michael Anthony Hayes. Signed by Judge Christina Reiss on 10/14/2021. (law) (Entered: 10/14/2021)
10/14/2021WAIVER of Appearance and Consent to Participate in Hearing Via Video Teleconference at Change of Plea scheduled for 10/15/2021 at 01:00 as to Michael Anthony Hayes. Signed by Judge Christina Reiss on 10/14/2021. (jbr) (Entered: 10/14/2021)
10/12/2021NOTICE OF HEARING as to Krystal Whitcomb: Sentencing set for 2/24/2022 at 02:00 PM in Burlington Courtroom 510 before Judge Christina Reiss.(jbr) (Entered: 10/12/2021)
10/12/2021THIRD REVISED NOTICE OF HEARING as to Shawn Whitcomb, John Welch, Michael Ashford, Chris Eastman re: 565 MOTION to Dismiss Indictment, 287 MOTION to Suppress Facebook Warrant, 514 MOTION to Suppress Phone records from 10/23/18 and 11/23/18 Warrants, 288 MOTION to Sever Trial, 503 SUPPLEMENTAL MOTION to Sever, 504 MOTION to Exclude Government Expert Witnesses, 517 MOTION to Exclude Statements of Co-Defendants as Evidence at Trial, 509 MOTION to Exclude Statements of Co-Defendants as Evidence at Trial, 508 MOTION to Sever Trial. Motion Hearing set for 10/18/2021 and 10/19/2021 at 10:00 AM until 4:30PM in Burlington Courtroom 510 before Judge Christina Reiss. (jbr) (Entered: 10/12/2021)
10/12/2021587MINUTE ENTRY for proceedings held before Judge Christina Reiss: Change of Plea Hearing as to Krystal Whitcomb held on 10/12/2021. Present on videoconference: AUSA John Boscia, Michael Straub, Esq., David Hoose, Esq., and the dft. The court makes findings re: need for a videoconference in light of Covid Orders. The court makes inquiries re: letter submitted by Jessica Zaleski, Esq. Statements by counsel. Letter will be considered Exhibit 1 and part of the Plea Agreement. Judge reads Exhibit 1 into the record. The clerk swears in dft and the court makes inquiries. Dft waives reading of the 4th Superseding Indictment. Plea Agreement reviewed. Court informs dft of rights being waived. Statement of essential elements and factual basis for the charge read by gov't. Court informs dft of maximum penalties. Guilty plea entered as to counts 4ssss and 5ssss. Court accepts guilty plea and plea agreement. ORDERED: dft remains detained pending sentencing. Sentencing scheduled for 2/24/2022 at 2:00PM in Burlington Courtroom 510 before District Judge Christina Reiss. Dft moves to withdraw pending Motions. ORDERED: Granted. Motion 299 withdrawn. (Court Reporter: Johanna Masse) (jbr) (Entered: 10/12/2021)
10/12/2021WAIVER of Appearance and Consent to Participate in Hearing Via Video Teleconference at Change of Plea scheduled for 10/12/2021 at 1:30 as to Krystal Whitcomb. Signed by Judge Christina Reiss on 10/12/2021. (jbr) (Entered: 10/12/2021)
10/8/2021NOTICE OF HEARING as to Michael Anthony Hayes: Change of Plea Hearing set for 10/15/2021 at 01:00 PM, via videoconference, in Burlington Courtroom 510 before Judge Christina Reiss.(jbr) (Entered: 10/08/2021)
10/7/2021PLEA AGREEMENT as to Michael Anthony Hayes. (kp) (Main Document 584 replaced on 5/3/2022) (law). (Entered: 10/07/2021)
10/7/2021NOTICE OF HEARING as to Krystal Whitcomb: Change of Plea Hearing set for 10/12/2021 at 01:30 PM in Burlington Courtroom 510 before Judge Christina Reiss.(jbr) (Entered: 10/07/2021)
10/6/2021NOTICE OF DOCKET ENTRY CORRECTION as to Krystal Whitcomb re: 581 Plea Agreement. The original having been received, the document has been replaced. The corrected document is now attached to 581 and this entry. (law) (Entered: 10/06/2021)
10/5/2021PLEA AGREEMENT as to Krystal Whitcomb. (law) (Main Document 581 replaced on 10/6/2021) (law). (Entered: 10/05/2021)
10/1/2021CONSENT to Participate in Hearing Via Video Conference re Motion Hearing scheduled for 10/1/2021 at 2:00 PM as to Michael Ashford (7). Signed by Judge Kevin J. Doyle on 10/1/2021. (hbc) (Entered: 10/05/2021)
10/1/2021579MINUTE ENTRY for proceedings held before Judge Kevin J. Doyle: Motion Hearing as to Michael Ashford (7) held on 10/1/2021 re 569 MOTION for Reconsideration of Detention Order. Present by video conference are AUSA John Boscia for the gov't, Atty Gordon Gebauer for deft, and deft from Essex County Jail. Consent to participate via video conference submitted and approved by the Court. Arguments by counsel. Court makes findings. ORDERED: Motion is DENIED. Deft remains detained pending trial. (Court Reporter: Recorded) (hbc) (Entered: 10/05/2021)
10/1/2021578MINUTE ENTRY for proceedings held before Judge Christina Reiss: Status Conference as to Krystal Whitcomb, Shawn Whitcomb, Michael Anthony Hayes, John Welch, Michael Ashford, Chris Eastman held on 10/1/2021. AUSA John Boscia present for gov't. Michael Straub, Esq., and David Hoose, Esq., present for Krystal Whitcomb. Alex Nelson, Esq., present for Shawn Whitcomb. Natasha Sen, Esq., and Michelle Anderson Barth, Esq., present for Michael Anthony Hayes. Robert Behrens, Esq., and Robert Katims, Esq., present for John Welch. Gordon Gebauer, Esq., present for Michael Ashford. Chandler Matson, Esq., present for Christohpher Eastman. All counsel present on videoconference. The court makes inquiries. Statements by counsel. Court reviews Covid precautions and seating chart for upcoming hearing scheduled 10/18/2021, 10/19/2021 and 10/22/2021. Court makes inquiries re: schedule of witnesses, oral argument, video. Statements by counsel. (Court Reporter: Johanna Masse) (jbr) (Entered: 10/01/2021)
9/30/2021SUPPLEMENTAL DOCUMENT(s) re: re: 569 MOTION for Reconsideration of Detention Order by Michael Ashford. (Attachments: # 1 Letter, # 2 Certificate of Service)(Gebauer, Jr., Gordon) Text clarified/link added on 10/1/2021 (law). (Entered: 09/30/2021)
9/27/2021NOTICE OF HEARING as to Michael Ashford (7) re: 569 MOTION for Reconsideration of Detention Order: Motion Hearing via video conference set for 10/1/2021 2:00 PM before Judge Kevin J. Doyle. (hbc) (Entered: 09/27/2021)
9/20/2021CERTIFICATE of Compliance with L.R. 7(a)7 by Michael Ashford re: 569 MOTION for Reconsideration of Detention Order. (Gebauer, Jr., Gordon) Link added on 9/20/2021 (law). (Entered: 09/20/2021)
9/20/2021574
  • Order
ORDER: On or before 9/27/2021, counsel for Defendant shall file a certificate of compliance with L.R. 7(a)(7) with respect to 569 MOTION for Reconsideration of Detention Order as to Michael Ashford (7). (This is a text-only Order.) Signed by Judge Kevin J. Doyle on 9/20/2021. (hbc) (Entered: 09/20/2021)
9/17/2021
  • Motion to Suppressby Δ
REPLY to Response to 521 MOTION to Suppress Evidence Unlawfully Seized Pursuant to a Search Warrant and Request for a Hearing Pursuant to Franks v. Delaware by Michael Anthony Hayes. (Barth, Michelle) (Entered: 09/17/2021)
9/17/2021
  • Motion to Dismiss (Demurrer)by Δ
REPLY to Response to 519 MOTION to Dismiss Count Six in the Indictment for Improper Venue by Michael Anthony Hayes. (Barth, Michelle) (Entered: 09/17/2021)
9/17/2021
  • Motion to Dismiss (Demurrer)by Δ
REPLY to Response to 520 MOTION to Dismiss Count Nineteen in the Indictment Because It Fails to State an Offense by Michael Anthony Hayes. (Barth, Michelle) (Entered: 09/17/2021)
9/17/2021
  • Motion to Suppress
REPLY to Response to 512 MOTION to Suppress Evidence Based on the Illegal Stop of the Car Mr. Hayes was Driving by Michael Anthony Hayes. (Attachments: # 1 Exhibit F, # 2 Exhibit G, # 3 Exhibit H)(Sen, Natasha) (Entered: 09/17/2021)
9/15/2021
  • Motion
MOTION(S) REFERRED to Magistrate Judge Kevin J. Doyle as to Michael Ashford: 569 MOTION for Reconsideration of Detention Order. (kp) (Entered: 09/15/2021)
9/15/2021
  • Motion for Reconsideration
MOTION for Reconsideration of Detention Order by Michael Ashford. (Attachments: # 1 Letter, # 2 Certificate of Service)(Gebauer, Jr., Gordon) (Entered: 09/15/2021)
9/15/2021NOTICE OF HEARING as to Krystal Whitcomb, Shawn Whitcomb, Michael Anthony Hayes, John Welch, Michael Ashford, Chris Eastman: Status Conference set for 10/1/2021 at 11:00 AM, via video conference, in Burlington Courtroom 510 before Judge Christina Reiss.(jbr) (Entered: 09/15/2021)
9/10/2021NOTICE OF DOCKET ENTRY CORRECTION as to John Welch re: 565 MOTION to Dismiss Indictment. The document has been replaced to correct a typo in the title. The corrected document is now attached to 565 and this entry. (law) (Entered: 09/10/2021)
9/10/2021
  • Motion to Dismiss Indictment
MOTION to Dismiss Indictment by John Welch. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Certificate of Service)(Behrens, Robert) (Main Document 565 replaced on 9/10/2021) (law). (Entered: 09/10/2021)
8/12/2021
  • Motion to Extend Time to File ResponseGranted
ORDER granting 560 UNOPPOSED MOTION for Extension of Time to File Response/Reply re: 519 MOTION to Dismiss Count Six in the Indictment for Improper Venue, 512 MOTION to Suppress Evidence Based on the Illegal Stop of the Car Mr. Hayes was Driving, 520 MOTION to Dismiss Count Nineteen in the Indictment Because It Fails to State an Offense, 521 MOTION to Suppress Evidence Unlawfully Seized Pursuant to a Search Warrant and Request for a Hearing Pursuant to Franks v. Delaware, 510 MOTION to Sever or, in the alternative, MOTION to Bifurcate the Trial of Counts Nine and Eighteen as to Michael Anthony Hayes (3). Reply briefs due by 9/17/21. Signed by Judge Christina Reiss on 8/12/2021. (kp) (Entered: 08/12/2021)
8/11/2021
  • Motion to Extend Time to File Response
UNOPPOSED MOTION for Extension of Time to File Response/Reply re: 519 MOTION to Dismiss Count Six in the Indictment for Improper Venue, 512 MOTION to Suppress Evidence Based on the Illegal Stop of the Car Mr. Hayes was Driving, 520 MOTION to Dismiss Count Nineteen in the Indictment Because It Fails to State an Offense, 521 MOTION to Suppress Evidence Unlawfully Seized Pursuant to a Search Warrant and Request for a Hearing Pursuant to Franks v. Delaware, 510 MOTION to Sever or, in the alternative, MOTION to Bifurcate the Trial of Counts Nine and Eighteen by Michael Anthony Hayes. (Attachments: # 1 Proposed Order)(Sen, Natasha) (Entered: 08/11/2021)
8/6/2021
  • Motion to Dismiss (Demurrer)
RESPONSE in Opposition to 520 MOTION to Dismiss Count Nineteen in the Indictment Because It Fails to State an Offense by USA as to Michael Anthony Hayes. (Boscia, John) (Entered: 08/06/2021)
8/6/2021
  • Motion to Dismiss (Demurrer)
RESPONSE in Opposition to 519 MOTION to Dismiss Count Six in the Indictment for Improper Venue by USA as to Michael Anthony Hayes. (Boscia, John) (Entered: 08/06/2021)
8/6/2021
  • Motion to Suppress
RESPONSE in Opposition to 521 MOTION to Suppress Evidence Unlawfully Seized Pursuant to a Search Warrant and Request for a Hearing Pursuant to Franks v. Delaware by USA as to Michael Anthony Hayes. (Boscia, John) (Entered: 08/06/2021)
8/6/2021
  • Motion to Exclude Witness
RESPONSE in Opposition to 504 MOTION to Exclude Government Expert Witnesses by USA as to John Welch. (Boscia, John) (Entered: 08/06/2021)
8/6/2021
  • Motion to Suppress
RESPONSE in Opposition to 514 MOTION to Suppress Phone records from 10/23/18 and 11/23/18 Warrants by USA as to John Welch. (Fuller, Wendy) (Entered: 08/06/2021)
8/6/2021
  • Motion to Suppress
RESPONSE in Opposition to 512 MOTION to Suppress Evidence Based on the Illegal Stop of the Car Mr. Hayes was Driving by USA as to Michael Anthony Hayes. (Fuller, Wendy) (Entered: 08/06/2021)
7/26/2021551
  • Motion to Extend Time to File ResponseGranted
ORDER GRANTING 549 Second Unopposed Motion for Extension of Time to File Response/Reply re: 519 MOTION to Dismiss Count Six in the Indictment for Improper Venue, 512 MOTION to Suppress Evidence Based on the Illegal Stop of the Car Mr. Hayes was Driving, 520 MOTION to Dismiss Count Nineteen in the Indictment Because It Fails to State an Offense, 521 MOTION to Suppress Evidence Unlawfully Seized Pursuant to a Search Warrant and Request for a Hearing Pursuant to Franks v. Delaware, 510 MOTION to Sever or, in the alternative, MOTION to Bifurcate the Trial of Counts Nine and Eighteen, 514 MOTION to Suppress Phone records from 10/23/18 and 11/23/18 Warrants, 504 MOTION to Exclude Government Expert Witnesses, 511 MOTION to Defer Ruling re: 298 Motion to Sever Defendants Trials and Order Separate Trial on Count 6 as to Krystal Whitcomb (1), Michael Anthony Hayes (3), John Welch (4). Signed by Judge Christina Reiss on 7/26/2021. (This is a text-only Order.) (ejh) (Entered: 07/26/2021)
7/23/2021OPPOSITION by USA as to Krystal Whitcomb to 518 Second Supplemental Document re: re: 299 MOTION to Suppress Statements and Other Evidence and MOTION for Franks Hearing filed by Krystal Whitcomb (Fuller, Wendy) Link added on 9/2/2021 (law). (Entered: 07/23/2021)
7/22/2021
  • Motion to Extend Time to File Response
SECOND UNOPPOSED MOTION for Extension of Time to File Response/Reply re: 519 MOTION to Dismiss Count Six in the Indictment for Improper Venue, 512 MOTION to Suppress Evidence Based on the Illegal Stop of the Car Mr. Hayes was Driving, 520 MOTION to Dismiss Count Nineteen in the Indictment Because It Fails to State an Offense, 521 MOTION to Suppress Evidence Unlawfully Seized Pursuant to a Search Warrant and Request for a Hearing Pursuant to Franks v. Delaware, 510 MOTION to Sever or, in the alternative, MOTION to Bifurcate the Trial of Counts Nine and Eighteen, 514 MOTION to Suppress Phone records from 10/23/18 and 11/23/18 Warrants, 504 MOTION to Exclude Government Expert Witnesses, 511 MOTION to Defer Ruling re: 298 MOTION to Sever Defendants Trials and Order Separate Trial on Count 6 by USA as to Krystal Whitcomb, Michael Anthony Hayes, John Welch. (Fuller, Wendy) (Entered: 07/22/2021)
7/22/2021
  • Motion to Sever
RESPONSE in Opposition to 503 SUPPLEMENTAL MOTION to Sever , 517 MOTION to Exclude Statements of Co-Defendants as Evidence at Trial by USA as to John Welch. (Fuller, Wendy) (Entered: 07/22/2021)
7/21/2021
  • Motion to Sever
RESPONSE in Opposition to 508 MOTION to Sever Trial, 509 MOTION to Exclude Statements of Co-Defendants as Evidence at Trial by USA as to Michael Ashford. (Fuller, Wendy) (Entered: 07/21/2021)
7/2/2021
  • Order
ORDER Setting Conditions of Release as to Chris Eastman. Dft to be released upon acceptance and admission to a residential treatment program. Signed by Judge Christina Reiss on 7/2/2021. (jbr) (Entered: 07/02/2021)
7/2/2021545MINUTE ENTRY for proceedings held before Judge Christina Reiss: Motion Hearing as to Chris Eastman held on 7/2/2021 re 540 UNOPPOSED MOTION to Vacate Order of Detention. John Boscia, AUSA, present for gov't. Chandler Matson, Esq., present with dft. The court makes inquiries. Statements by counsel. ORDERED: granted 540 UNOPPOSED MOTION to Vacate Order of Detention. Dft will be released on COR when a residential treatment bed has become available. Dft to notify the court and USMS of residential treatment admission date. (Court Reporter: Johanna Masse) (jbr) (Entered: 07/02/2021)
6/29/2021ORDER granting 515 MOTION for Extension of Time to File Pretrial Motions and Exclude Time Under The Speedy Trial Act filed by Shawn Whitcomb (2). Pretrial motions due by 8/2/2021. As this is the third request for a continuance, further extensions are unlikely absent compelling circumstances. Signed by Judge Christina Reiss on 6/29/2021. (kp) (Entered: 06/29/2021)
6/29/2021543
  • Motion to Extend Time to File ResponseGranted
ORDER GRANTING 536 Motion for Extension of Time to File Response/Reply as to Krystal Whitcomb (1), Shawn Whitcomb (2), Michael Anthony Hayes (3), John Welch (4), Michael Ashford (7). Signed by Judge Christina Reiss on 6/29/2021. (This is a text-only Order.) (ejh) (Entered: 06/29/2021)
6/28/2021542
  • Motion to WithdrawGranted
ORDER GRANTING 539 Unopposed Motion to Withdraw Motion to Sever Defendants (Doc. 298 ) and Motion to Defer Ruling on Motion to Sever (Doc. 511 ) as to Michael Anthony Hayes (3). Signed by Judge Christina Reiss on 6/28/2021. (This is a text-only Order.) (ejh) (Entered: 06/28/2021)
6/28/2021NOTICE OF HEARING as to Chris Eastman re: 540 UNOPPOSED MOTION to Vacate Order of Detention: Motion Hearing set for 7/2/2021 at 11:00 AM in Burlington Courtroom 510 before Judge Christina Reiss.(kp) (Entered: 06/28/2021)
6/28/2021UNOPPOSED MOTION to Vacate Order of Detention by Chris Eastman. (Matson, Chandler) (Entered: 06/28/2021)
6/17/2021
  • Motion to Withdraw
UNOPPOSED MOTION to Withdraw 298 MOTION to Sever Defendants Trials and Order Separate Trial on Count 6, 511 MOTION to Defer Ruling re: 298 MOTION to Sever Defendants Trials and Order Separate Trial on Count 6 by Michael Anthony Hayes. (Sen, Natasha) (Entered: 06/17/2021)
6/11/2021538MINUTE ENTRY for proceedings held before Judge Christina Reiss: Violation Hearing as to Chris Eastman held on 6/11/2021. Present on the telephone: John Boscia, AUSA, Chandler Matson, Esq., Alyssa Malone, USPO, and the dft. The court makes findings re: need for a telephone conference in light of Covid Orders. The court makes inquiries. Dft admits to violations of COR. Court accepts admissions and finds dft violated. Court makes inquiries re: release v. detention. Counsel and dft make statements. ORDERED: Court makes findings. The dft continues to remain detained pursuant to the Order of Detention 585 pending further proceedings. (Court Reporter: Johanna Masse) (jbr) (Entered: 06/11/2021)
6/11/2021RESPONSE in Opposition to 505 MOTION for Show Cause Hearing by Chris Eastman. (Matson, Chandler) (Entered: 06/11/2021)
6/11/2021
  • Motion to Extend Time to File Response
MOTION for Extension of Time to File Response/Reply re: 519 MOTION to Dismiss Count Six in the Indictment for Improper Venue, 508 MOTION to Sever Trial, 510 MOTION to Sever or, in the alternative, MOTION to Bifurcate the Trial of Counts Nine and Eighteen, 511 MOTION to Defer Ruling re: 298 MOTION to Sever Defendants Trials and Order Separate Trial on Count 6, 509 MOTION to Exclude Statements of Co-Defendants as Evidence at Trial, 503 SUPPLEMENTAL MOTION to Sever , 512 MOTION to Suppress Evidence Based on the Illegal Stop of the Car Mr. Hayes was Driving, 515 MOTION for Extension of Time to File Pretrial Motions and Exclude Time Under The Speedy Trial Act, 520 MOTION to Dismiss Count Nineteen in the Indictment Because It Fails to State an Offense, 521 MOTION to Suppress Evidence Unlawfully Seized Pursuant to a Search Warrant and Request for a Hearing Pursuant to Franks v. Delaware, 517 MOTION to Exclude Statements of Co-Defendants as Evidence at Trial, 504 MOTION to Exclude Government Expert Witnesses, 514 MOTION to Suppress Phone records from 10/23/18 and 11/23/18 Warrants, 513 MOTION for Leave to Exceed Page Limit re: 512 MOTION to Suppress Evidence Based on the Illegal Stop of the Car Mr. Hayes was Driving by USA as to Krystal Whitcomb, Shawn Whitcomb, Michael Anthony Hayes, John Welch, Michael Ashford. (Fuller, Wendy) A link removed on 6/14/2021 (law). (Entered: 06/11/2021)
6/10/2021STIPULATED PROTECTIVE ORDER granting 531 Joint Motion for Protective Order as to Krystal Whitcomb (1). Signed by Judge Christina Reiss on 6/10/2021. (kp) (Entered: 06/10/2021)
6/10/2021SECOND REVISED NOTICE OF HEARING as to Krystal Whitcomb, Shawn Whitcomb, Michael Anthony Hayes, John Welch, Michael Ashford, Chris Eastman re: 287 , 299 , 512 , 514 , 521 Motions to Suppress; 288 , 298 , 503 , 508 , 510 Motions to Sever; 504 , 509 , 517 Motions to Exclude; 519 , 520 Motions to Dismiss; 299 Motions for Franks Hearing. Motion Hearing set for 10/18/2021, 10/19/2021, and 10/22/2021 at 10:00 AM in Burlington Courtroom 510 before Judge Christina Reiss. Revised to reflect the addition of recently filed Motions. (jbr) Links added on 6/11/2021 (law). (Entered: 06/10/2021)
6/9/2021STIPULATED PROTECTIVE ORDER granting 532 Joint Motion for Protective Order as to Michael Anthony Hayes (3). Signed by Judge Christina Reiss on 6/9/2021. (kp) (Entered: 06/09/2021)
6/9/2021
  • Motion for Protective Order
JOINT MOTION for Protective Order by USA as to Michael Anthony Hayes. (Attachments: # 1 Proposed Order)(Boscia, John) (Entered: 06/09/2021)
6/9/2021
  • Motion for Protective Order
JOINT MOTION for Protective Order by USA as to Krystal Whitcomb. (Attachments: # 1 Proposed Order)(Boscia, John) (Entered: 06/09/2021)
6/7/2021WAIVER of Appearance and Consent to Participate in Hearing Via Teleconference at Violation hearing scheduled for 6/11/2021 at 2:00 p.m. as to Chris Eastman. Signed by Judge Christina Reiss on 6/7/2021. (kp) (Entered: 06/07/2021)
6/7/2021NOTICE OF HEARING as to Chris Eastman:Violation Hearing set for 6/11/2021 at 02:00 PM, via telephone, in Burlington Courtroom 510 before Judge Christina Reiss.(jbr) (Entered: 06/07/2021)
6/4/2021ARREST WARRANT RETURNED executed on 6/3/2021 as to Chris Eastman.(law) (Entered: 06/05/2021)
6/4/2021527NOTICE OF DOCKET ENTRY UPDATE as to Michael Anthony Hayes re: 512 MOTION to Suppress Evidence Based on the Illegal Stop of the Car Mr. Hayes was Driving. Exhibit D having been received on disc, it is now on file in Clerk's Office. (law) (Entered: 06/04/2021)
6/4/2021
  • Motion for Judgment
JUDGMENT as to Brandon Darling. Signed by Judge Christina Reiss on 6/4/2021. (jbr) (Entered: 06/04/2021)
6/4/2021
  • Order
ORDER OF DETENTION as to Chris Eastman. Signed by Judge Christina Reiss on 6/4/2021. (jbr) (Entered: 06/04/2021)
6/4/2021524MINUTE ENTRY for proceedings held before Judge Christina Reiss: Motion Hearing as to Chris Eastman held on 6/4/2021 re 505 MOTION for Show Cause Hearing. Present on the telephone: Wendy Fuller, AUSA, Chandler Matson, Esq., Justin Farris, USPO, and the dft. The dft waives his appearance and consents to participate by telephone. Court makes inquiries. Statements by counsel. Dft does not oppose detention at this time. ORDERED: Granting: 505 MOTION for Show Cause Hearing as to Why Defendant's Conditions Should not be Revoked. Dft remanded to the custody of the USMS pending further proceedings. (Court Reporter: Johanna Masse) (jbr) (Entered: 06/04/2021)
6/3/2021NOTICE OF HEARING as to Chris Eastman re: 505 MOTION to Show Cause as to why Conditions of Release should not be Revoked. Motion Hearing set for 6/4/2021 at 02:00 PM, via telephone, in Burlington Courtroom 510 before Judge Christina Reiss.(jbr) (Entered: 06/03/2021)
6/3/2021
  • Motion
MOTION(S) NO LONGER REFERRED as to Chris Eastman: 505 EX PARTE MOTION for Show Cause Hearing. (law) (Entered: 06/03/2021)
6/3/2021UNSEALED Documents as to Chris Eastman (8): 505 EX PARTE MOTION for Arrest Warrant, MOTION for Show Cause Hearing; 506 ORDER on Ex Parte Motion pursuant to notification of Defendant's arrest. (hbc) (Entered: 06/03/2021)
6/2/2021522MINUTE ENTRY for proceedings held before Judge Christina Reiss: Sentencing held on 6/2/2021 for Brandon Darling. Wendy Fuller, AUSA, present for gov't. Mary Kehoe, Esq., present with dft. The court adopts the PSR as its findings of fact. Statements by counsel and dft. ORDERED: granting 499 MOTION for a Variance. SENTENCE: imprisonment for a term of 32 months with credit for time served to run concurrent to any imposed State Court sentence followed by 3 years S/R with conditions. S/A of 100.00 imposed due immediately. Fines waived. Court makes recommendations to BOP. Parties notified of right to appeal. Gov't moves to dismiss remaining count. ORDERED: Motion granted; Count dismissed. (Court Reporter: Johanna Masse) (jbr) (Entered: 06/03/2021)
6/2/2021
  • Motion to Suppressby Δ
MOTION to Suppress Evidence Unlawfully Seized Pursuant to a Search Warrant and Request for a Hearing Pursuant to Franks v. Delaware by Michael Anthony Hayes. (Attachments: # 1 Exhibit A)(Barth, Michelle) (Entered: 06/02/2021)
6/2/2021
  • Motion to Dismiss (Demurrer)by Δ
MOTION to Dismiss Count Nineteen in the Indictment Because It Fails to State an Offense by Michael Anthony Hayes. (Barth, Michelle) (Entered: 06/02/2021)
6/2/2021
  • Motion to Dismiss (Demurrer)by Δ
MOTION to Dismiss Count Six in the Indictment for Improper Venue by Michael Anthony Hayes. (Barth, Michelle) (Entered: 06/02/2021)
6/2/2021SECOND SUPPLEMENTAL DOCUMENT(S) by Krystal Whitcomb re: 299 MOTION to Suppress Statements and Other Evidence and MOTION for Franks Hearing. (Attachments: # 1 Exhibit 11, # 2 Exhibit 12)(Straub, Michael) (Entered: 06/02/2021)
6/2/2021
  • Motion to Exclude
MOTION to Exclude Statements of Co-Defendants as Evidence at Trial by John Welch. (Katims, Robert) Event/text clarified on 6/3/2021 (law). (Entered: 06/02/2021)
6/2/2021516
  • OrderGranted
ORDER GRANTING 513 Unopposed Motion for Leave to Exceed Page Limit re: 512 MOTION to Suppress Evidence Based on the Illegal Stop of the Car Mr. Hayes was Driving as to Michael Anthony Hayes (3). Signed by Judge Christina Reiss on 6/2/2021. (This is a text-only Order.) (ejh) (Entered: 06/02/2021)
6/2/2021 MOTION for Extension of Time to File Pretrial Motions and Exclude Time Under The Speedy Trial Act by Shawn Whitcomb. (Attachments: # 1 Proposed Order)(Carleton, Ian) (Entered: 06/02/2021)
6/2/2021
  • Motion to Suppress
MOTION to Suppress Phone records from 10/23/18 and 11/23/18 Warrants by John Welch. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Certificate of Service)(Behrens, Robert) (Entered: 06/02/2021)
6/2/2021
  • Motion
MOTION for Leave to Exceed Page Limit re: 512 MOTION to Suppress Evidence Based on the Illegal Stop of the Car Mr. Hayes was Driving by Michael Anthony Hayes. (Sen, Natasha) Link added on 6/2/2021 (law). (Entered: 06/02/2021)
6/2/2021
  • Motion to Suppress
MOTION to Suppress Evidence Based on the Illegal Stop of the Car Mr. Hayes was Driving by Michael Anthony Hayes. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D (DVD on file with Clerk's Office), # 5 Exhibit E)(Sen, Natasha) (Entered: 06/02/2021)
6/2/2021
  • Motion
MOTION to Defer Ruling re: 298 MOTION to Sever Defendants Trials and Order Separate Trial on Count 6 by Michael Anthony Hayes. (Sen, Natasha) Link added on 6/3/2021 (law). (Entered: 06/02/2021)
6/2/2021
  • Motion to Sever
MOTION to Sever or, in the alternative, MOTION to Bifurcate the Trial of Counts Nine and Eighteen by Michael Anthony Hayes. (Sen, Natasha). Added MOTION to Bifurcate on 6/3/2021 (law). (Entered: 06/02/2021)
5/31/2021
  • Motion to Exclude
MOTION to Exclude Statements of Co-Defendants as Evidence at Trial by Michael Ashford. (Attachments: # 1 Certificate of Service)(Gebauer, Jr., Gordon) (Entered: 05/31/2021)
5/31/2021
  • Motion to Sever
MOTION to Sever Trial by Michael Ashford. (Attachments: # 1 Certificate of Service)(Gebauer, Jr., Gordon) (Entered: 05/31/2021)
5/28/2021506
  • OrderGranted
ORDER granting 505 Ex Parte Motion for Arrest Warrant as to Chris Eastman (8). Sealed until the arrest of the defendant. Signed by Judge Kevin J. Doyle on 5/28/2021. (This is a text-only Order.) (eh) Unsealed on 6/3/2021. (hbc) (Entered: 05/28/2021)
5/28/2021
  • Motion
EX PARTE MOTION for Arrest Warrant, MOTION for Show Cause Hearing by USA as to Chris Eastman (8). (eh) Unsealed on 6/3/2021. (hbc) (Entered: 05/28/2021)
5/28/2021
  • Motion to Exclude Witness
MOTION to Exclude Government Expert Witnesses by John Welch. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Certificate of Service)(Behrens, Robert) (Entered: 05/28/2021)
5/28/2021
  • Motion to Sever
SUPPLEMENTAL MOTION to Sever by John Welch. (Attachments: # 1 Certificate of Service)(Behrens, Robert) (Entered: 05/28/2021)
5/21/2021SENTENCING MEMORANDUM by USA as to Brandon Darling (Boscia, John) (Entered: 05/21/2021)
5/21/2021
  • Motion for Judgment
JUDGMENT as to Alicia Whitcomb. Signed by Judge Christina Reiss on 5/21/2021. (jbr) (Entered: 05/21/2021)
5/21/2021REVISED NOTICE OF HEARING as to Krystal Whitcomb, Shawn Whitcomb, Michael Anthony Hayes, John Welch, Michael Ashford, Chris Eastman re: 299 MOTION to Suppress Statements and Other Evidence and MOTION for Franks Hearing, 298 MOTION to Sever Defendants Trials and Order Separate Trial on Count 6, 287 MOTION to Suppress Facebook Warrant, 288 MOTION to Sever Trial. Motion Hearing set for 10/18/2021, 10/19/2021, and 10/22/2021 at 10:00 AM in Burlington Courtroom 510 before Judge Christina Reiss. (jbr) (Entered: 05/21/2021)
5/20/2021SENTENCING MEMORANDUM and MOTION for Variance by Brandon Darling. (Attachments: # 1 Exhibit A)(Kehoe, Mary) Event/text clarified on 5/21/2021 (law). (Entered: 05/20/2021)
5/19/2021498MINUTE ENTRY for proceedings held before Judge Christina Reiss: Sentencing held on 5/19/2021 for Alicia Whitcomb. Present via video conference: John Boscia, AUSA, Paul Volk, Esq., Megan Thrall, USPO, and the dft. The court makes findings re: need for a videoconference in light of Covid Orders. The court adopts the PSR as its findings of fact. Statements by counsel and dft. ORDERED: granting 491 MOTION for Downward Departure and/or Variance. SENTENCE: Imprisonment for a term of 24 months, with credit for time served, followed by 4 years S/R with conditions. 100.00 S/A due immediately. Fines waived. Court makes recommendations to BOP. Parties notified of rights of appeal. Gov't moves to dismiss remaining counts. ORDERED: Motion granted. Counts are dismissed. (Court Reporter: Johanna Masse) (jbr) (Entered: 05/19/2021)
5/17/2021SUPPLEMENTAL DOCUMENT(S) re: 491 SENTENCING MEMORANDUM and MOTION for Downward Departure and/or Variance by Alicia Whitcomb. (Volk, Paul) Link added on 5/18/2021 (law). (Entered: 05/17/2021)
5/12/2021SENTENCING MEMORANDUM by USA as to Alicia Whitcomb (Boscia, John) (Entered: 05/12/2021)
5/10/2021SENTENCING MEMORANDUM and MOTION for Downward Departure and/or Variance by Alicia Whitcomb (Attachments: # 1 Exhibit A)(Volk, Paul) (Entered: 05/10/2021)
5/5/2021WAIVER of Appearance and Consent to Participate in Hearing Via Video Teleconference at Sentencing hearing scheduled for 5/19/2021 at 10:00 a.m. as to Alicia Whitcomb. Signed by Judge Christina Reiss on 5/5/2021. (kp) (Entered: 05/05/2021)
5/4/2021NOTICE OF HEARING as to Krystal Whitcomb, Shawn Whitcomb, Michael Anthony Hayes, John Welch, Michael Ashford, Chris Eastman re: 299 MOTION to Suppress Statements and Other Evidence, 298 MOTION to Sever Defendants Trials and Order Separate Trial on Count 6, 288 MOTION to Sever Trial, 287 MOTION to Suppress Facebook Warrant. Motion Hearing set for 10/18/2021, 10/19/2021, 10/20/2021 at 10:00 AM in Burlington Courtroom 510 before Judge Christina Reiss. (jbr) (Entered: 05/04/2021)
3/26/2021
  • Motion to ContinueGranted
ORDER granting 481 MOTION to Continue the Deadline for Filing Pretrial Motions filed by Michael Anthony Hayes (3). Pretrial motions due by 6/2/2021. Signed by Judge Christina Reiss on 3/26/2021. (kp) (Entered: 03/26/2021)
3/19/2021
  • Motion to Continue
MOTION to Continue the Deadline for Filing Pretrial Motions by Michael Anthony Hayes. (Attachments: # 1 Proposed Order)(Sen, Natasha) (Entered: 03/19/2021)
3/15/2021TRANSCRIPT of Change of Plea hearing as to Alicia Whitcomb held on 8/4/2020 before Judge Christina Reiss. Court Reporter/Transcriber JoAnn Carson, telephone number (802/800)863-6067. 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 4/8/2021. Redacted Transcript Deadline set for 4/19/2021. Release of Transcript Restriction set for 6/17/2021. (jbr) (Entered: 03/15/2021)
3/10/2021TRANSCRIPT of Change of Plea hearing as to Brandon Darling held on 7/31/2020 before Judge Christina Reiss. Court Reporter/Transcriber Johanna Masse, telephone number 802-951-8102. 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 4/5/2021. Redacted Transcript Deadline set for 4/15/2021. Release of Transcript Restriction set for 6/11/2021. (jbr) (Entered: 03/10/2021)
3/9/20212ND AMENDED PROCEDURAL AND SCHEDULING ORDER as to Brandon Darling: Sentencing Memoranda are due by 5/21/2021. Sentencing set for 6/2/2021 at 10:00 AM before Judge Christina Reiss. Signed by Judge Christina Reiss on 3/9/2021. (jbr) (Entered: 03/09/2021)
3/9/2021SECOND REVISED NOTICE OF HEARING as to Brandon Darling: Sentencing set for 6/2/2021 at 10:00 AM in Burlington Courtroom 510 before Judge Christina Reiss.(jbr) (Entered: 03/09/2021)
3/4/2021CJA 20: Appointment of Paul S. Volk, Esq. (substituting David Watts, Esq.) as to Alicia Whitcomb pursuant to 470 Notice of Attorney Substitution. Signed by Deputy Clerk on 3/4/2021. (law) (Entered: 03/15/2021)
3/4/2021Attorney substitution as to Alicia Whitcomb. Attorney Paul S. Volk, Esq. substituting Attorney David Watts, Esq. pursuant to 470 . (kp) (Entered: 03/04/2021)
3/4/2021NOTICE of Attorney Substitution as to Alicia Whitcomb by Paul S. Volk, Esq.(Volk, Paul) (Entered: 03/04/2021)
3/2/2021AMENDED PROCEDURAL AND SCHEDULING ORDER as to Brandon Darling: Sentencing Memoranda are due by 5/14/2021. Sentencing set for 5/26/2021 at 01:00 PM before Judge Christina Reiss. Signed by Judge Christina Reiss on 3/2/2021. (jbr) (Entered: 03/02/2021)
3/2/2021AMENDED PROCEDURAL AND SCHEDULING ORDER as to Alicia Whitcomb: Sentencing Memoranda are due by 5/7/2021. Sentencing set for 5/19/2021 at 10:00 AM before Judge Christina Reiss. Signed by Judge Christina Reiss on 3/2/2021. (jbr) (Entered: 03/02/2021)
3/2/2021REVISED NOTICE OF HEARING as to Brandon Darling: Sentencing set for 5/26/2021 at 01:00 PM in Burlington Courtroom 510 before Judge Christina Reiss.(jbr) (Entered: 03/02/2021)
3/2/2021REVISED NOTICE OF HEARING as to Alicia Whitcomb: Sentencing set for 5/19/2021 at 10:00 AM in Burlington Courtroom 510 before Judge Christina Reiss.(jbr) (Entered: 03/02/2021)
2/16/2021
  • OrderGranted
ORDER granting 455 MOTION for an Order Authorizing U.S. Probation to Disclose Bail Reports to Mr. Hayes' Counsel as to Michael Anthony Hayes (3). Signed by Judge Christina Reiss on 2/16/2021. (kp) (Entered: 02/16/2021)
2/16/2021
  • Motion
MOTION for an Order Authorizing U.S. Probation to Disclose Bail Reports to Mr. Hayes' Counsel by Michael Anthony Hayes. (Attachments: # 1 Proposed Order)(Sen, Natasha) (Entered: 02/16/2021)
2/1/2021PROCEDURAL AND SCHEDULING ORDER as to Brandon Darling: Sentencing Memoranda are due by 3/5/2021. Sentencing set for 3/17/2021 at 01:30 PM before Judge Christina Reiss. Signed by Judge Christina Reiss on 2/1/2021. (jbr) (Entered: 02/01/2021)
2/1/2021NOTICE OF HEARING as to Brandon Darling: Sentencing set for 3/17/2021 at 01:30 PM in Burlington Courtroom 510 before Judge Christina Reiss.(jbr) (Entered: 02/01/2021)
1/22/2021CJA 20: Appointment of Michelle Anderson Barth, Esq. (co-counsel) for Michael Anthony Hayes. Signed by Judge Christina Reiss on 1/22/2021. (law) (Entered: 01/25/2021)
1/4/2021NOTICE OF DOCKET ENTRY CORRECTION as to Krystal Whitcomb, Shawn Whitcomb, Michael Anthony Hayes, John Welch, Alicia Whitcomb, Brandon Darling, Michael Ashford, Chris Eastman re: 445 Order on Motion for Extension of Time to File Pretrial Motions. The document has been replaced to correct a date in the first paragraph. The corrected document is now attached to 445 and this entry. (law) (Entered: 01/04/2021)
1/4/2021ORDER granting 444 SEVENTH MOTION for Extension of Time to File Pretrial Motions filed by Krystal Whitcomb (1). Pretrial motions due by 4/3/2021. Because there has been numerous extensions granted to date, further continuances are unlikely absent compelling circumstances. Signed by Judge Christina Reiss on 1/4/2021. (kp) (Main Document 445 replaced on 1/4/2021) (law). (Entered: 01/04/2021)
1/3/2021SEVENTH MOTION for Extension of Time to File Pretrial Motions by Krystal Whitcomb. (Attachments: # 1 Proposed Order)(Straub, Michael) (Entered: 01/03/2021)
12/29/2020
  • Order
ORDER Setting Conditions of Release as to Chris Eastman. Signed by Judge Christina Reiss on 12/29/2020. (jbr) (Entered: 12/29/2020)
12/29/2020442MINUTE ENTRY for proceedings held before Judge Christina Reiss: Motion Hearing as to Chris Eastman held on 12/29/2020 re 438 UNOPPOSED MOTION for Review of 418 Order of Detention and Revocation. Present via video conference: John Boscia, AUSA, Chandler Matson, Esq., Mary Seller, USPO, and the dft. The court makes inquiries. Statements by counsel and dft. ORDERED: Granting 438 UNOPPOSED MOTION for Review of 418 Order of Detention and Revocation. Dft will be released on conditions pending further proceedings. (Court Reporter: Johanna Masse) (jbr) (Entered: 12/29/2020)
12/29/2020WAIVER of Appearance and Consent to Participate in Hearing Via Video Teleconference at Motion Hearing scheduled for 12/29/2020 at 11:00 a.m. as to Chris Eastman. Signed by Judge Christina Reiss on 12/29/2020. (kp) (Entered: 12/29/2020)
12/28/2020NOTICE OF HEARING as to Chris Eastman re: 438 UNOPPOSED MOTION for Review of 418 Order of Detention and Revocation. Motion Hearing set for 12/29/2020 at 11:00 AM, via video conference, in Burlington Courtroom 510 before Judge Christina Reiss.(jbr) (Entered: 12/28/2020)
12/23/2020439
  • Order
ORDER re 438 Unopposed Motion for Review and Revocation of Detention Order as to Chris Eastman. The court must set this for a hearing to make the proper factual findings and to advise Defendant of the conditions of release. (This is a text-only Order.) Signed by Judge Christina Reiss on 12/23/2020. (ejh) (Entered: 12/23/2020)
12/23/2020
  • Motion
UNOPPOSED MOTION for Review of 418 Order of Detention and Revocation by Chris Eastman. (Matson, Chandler) Event/text clarified on 12/23/2020 (law). (Entered: 12/23/2020)
12/22/2020437MINUTE ENTRY for proceedings held before Judge Christina Reiss: Motion Hearing as to Shawn Whitcomb held on 12/22/2020 re 431 MOTION for Reconsideration of 399 Order of Detention. Present via video conference: John Boscia, AUSA, Alex Nelson, Esq., Ian Carleton, Esq., the dft. Present in the courtroom: Lou Stazi, USPO. Court makes findings re: need for a video conference in light of Covid Orders. Court makes inquiries. Statements by counsel. ORDERED: Denied 431 MOTION for Reconsideration of 399 Order of Detention. Dft remains detained pending further proceedings. (Court Reporter: Johanna Masse) (jbr) (Entered: 12/22/2020)
12/21/2020
  • Motion for Reconsideration
RESPONSE in Opposition to 431 MOTION for Reconsideration of 399 Order of Detention by USA as to Shawn Whitcomb. (Fuller, Wendy) (Entered: 12/21/2020)
12/7/2020WAIVER of Appearance and Consent to Participate in Hearing Via Video Teleconference at Motion Hearing scheduled for 12/22/2020 at 11:00 a.m. as to Shawn Whitcomb. Signed by Judge Christina Reiss on 12/7/2020. (kp) (Entered: 12/07/2020)
12/4/2020NOTICE OF HEARING as to Shawn Whitcomb re: 431 MOTION for Reconsideration of 399 Order of Detention. Motion Hearing set for 12/22/2020 at 11:00 AM, via video conference, in Burlington Courtroom 510 before Judge Christina Reiss.(jbr) (Entered: 12/04/2020)
12/3/2020
  • Motion for Reconsiderationby Δ
MOTION for Reconsideration of 399 Order of Detention by Shawn Whitcomb. (Carleton, Ian) (Entered: 12/03/2020)
11/16/2020TRANSCRIPT of hearing on Motion for Release from Custody as to Michael Anthony Hayes held on 4/21/2020 before Magistrate Judge John M. Conroy. Court Reporter/Transcriber JoAnn Carson, Capitol Court Reporters, Inc., telephone number (802/800) 863-6067. 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 12/10/2020. Redacted Transcript Deadline set for 12/21/2020. Release of Transcript Restriction set for 2/19/2021. (jam) (Entered: 11/16/2020)
11/10/2020
  • Order
ORDER OF DETENTION as to Michael Ashford (7). Signed by Judge John M. Conroy on 11/10/2020. (hbc) (Entered: 11/10/2020)
11/10/2020CONSENT to Participate in Hearing Via Video Teleconference re Motion Hearing scheduled for 11/10/2020 at 11:30 AM as to Michael Ashford (7). Signed by Judge John M. Conroy on 11/10/2020. (hbc) (Entered: 11/10/2020)
11/10/2020426MINUTE ENTRY for proceedings held before Judge John M. Conroy: Motion Hearing as to Michael Ashford (7) held on 11/10/2020 re 419 EX PARTE MOTION for Revocation of Conditions of Release. Present via video conference are AUSA Wendy Fuller for the gov't, Atty Gordon Gebauer for deft, and deft from NWCF. Consent to participate via video conference submitted and approved by the Court. Court summarizes the alleged violations and makes inquiries. Deft admits to violation conduct. Statements by counsel. Deft does not contest detention at this time. ORDERED: Motion is GRANTED. Deft to be detained pending further proceedings. (Court Reporter: Recorded) (hbc) (Entered: 11/10/2020)
11/9/2020ARREST WARRANT RETURNED executed on 11/9/2020 as to Michael Ashford.(kp) (Main Document 424 replaced on 11/25/2020) (jlh). Text clarified on 11/25/2020 (jlh). (Entered: 11/10/2020)
11/9/2020UNSEALED Documents as to Michael Ashford (7): 419 EX PARTE MOTION for Arrest Warrant and MOTION for Revocation of Conditions of Release, 422 ORDER on Ex Parte Motion pursuant to notification of Defendant's arrest. (hbc) (Entered: 11/09/2020)
11/6/2020422
  • OrderGranted
ORDER granting 419 Ex Parte Motion for Arrest Warrant as to Michael Ashford (7). Signed by Judge John M. Conroy on 11/6/2020. (This is a text-only Order.) (law) Unsealed on 11/9/2020. (hbc) (Entered: 11/06/2020)
11/6/2020
  • Order
ORDER OF DETENTION as to Krystal Whitcomb. Signed by Judge Christina Reiss on 11/6/2020. (jbr) (Entered: 11/06/2020)
11/6/2020420MINUTE ENTRY for proceedings held before Judge Christina Reiss: continuedMotion Hearing as to Krystal Whitcomb held on 11/6/2020 re 389 MOTION for Revocation of Release. Present via video conference: Wendy Fuller, AUSA, Michael Straub, Esq., David Hoose, Esq., Parish Gibson, USPO, and the dft. The court makes findings re: need for a video conference in light of Covid Orders. Court makes inquiries. Statements by counsel. Clerk swears in Craig Watrous as witness for the govt'. Clerk swears in Michelle Skinner as witness for the dft. Dft requests videos/audio recording from traffic stops and requests to continue hearing. Statements by counsel. Clerk swears in Amy Jo Hugo as witness for the dft. Dft withdraws request for video/audio. Court makes findings. ORDERED: granting 389 MOTION for Revocation of Release. Dft remanded to the custody of the USMS and detained pending further proceedings. (Court Reporter: Johanna Masse) (jbr) (Entered: 11/06/2020)
11/6/2020
  • Motion
EX PARTE MOTION for Arrest Warrant and MOTION for Revocation of Conditions of Release by USA as to Michael Ashford. (kp) Unsealed on 11/9/2020. (hbc) (Entered: 11/06/2020)
11/6/2020
  • Order
ORDER OF DETENTION as to Chris Eastman (8). Signed by Judge John M. Conroy on 11/6/2020. (hbc) (Entered: 11/06/2020)
11/6/2020CONSENT to Participate in Hearing Via Teleconference re Detention Hearing scheduled for 11/6/2020 at 2:00 PM as to Chris Eastman (8). Signed by Judge John M. Conroy on 11/6/2020. (hbc) (Entered: 11/06/2020)
11/6/2020416MINUTE ENTRY for proceedings held before Judge John M. Conroy: Detention Hearing as to Chris Eastman (8) held on 11/6/2020. Present via telephone are AUSA John Boscia for the gov't, Atty Chandler Matson for deft, and deft from NWCF. Consent to participate via teleconference submitted and approved by the Court. Gov't moves for detention and makes arguments. Court makes inquiries. Statements by counsel. Deft does not contest detention at this time. ORDERED: 404 MOTION for Detention is granted as unopposed. Deft to be detained pending further proceedings. (Court Reporter: Recorded) (hbc) (Entered: 11/06/2020)
11/6/2020WAIVER of Appearance and Consent to Participate in Hearing Via Video Teleconference at Motion hearing scheduled for 11/6/2020 at 1:30 p.m. as to Krystal Whitcomb. Signed by Judge Christina Reiss on 11/6/2020. (kp) (Entered: 11/06/2020)
11/5/2020NOTICE OF HEARING as to Krystal Whitcomb re: 389 MOTION for Revocation of Release. Continued Motion Hearing set for 11/6/2020 01:30 PM, via video conference, before Judge Christina Reiss.(jbr) (Entered: 11/05/2020)
11/5/2020ARREST WARRANT RETURNED executed on 11/4/2020 as to Chris Eastman.(kp) (Entered: 11/05/2020)
11/4/2020
  • Order
ORDER SCHEDULING A DETENTION HEARING as to Chris Eastman (8). Detention Hearing via telephone set for 11/6/2020 at 2:00 PM in Burlington Courtroom 410 before Judge John M. Conroy. Signed by Judge John M. Conroy on 11/4/2020. (hbc) (Entered: 11/04/2020)
11/4/2020
  • Order
ORDER of Prosecutorial Obligation Under Fed. R. Crim. P. 5(f) as to Chris Eastman (8). Signed by Judge John M. Conroy on 11/4/2020. (hbc) (Entered: 11/04/2020)
11/4/2020CRIMINAL PRETRIAL SCHEDULING ORDER as to Krystal Whitcomb (1), Shawn Whitcomb (2), Michael Anthony Hayes (3), John Welch (4), Michael Ashford (7), and Chris Eastman (8). Motions due by 2/2/2021. Time excluded from 11/4/2020 to 2/2/2021. Signed by Judge John M. Conroy on 11/4/2020. (hbc) (Entered: 11/04/2020)
11/4/2020CJA 23 Financial Affidavit as to Chris Eastman (8). (Document image is sealed) (hbc) (Entered: 11/04/2020)
11/4/2020CONSENT to Participate in Hearing Via Teleconference re Initial Appearance and Arraignment scheduled for 11/4/2020 at 3:00 PM as to Chris Eastman (8). Signed by Judge John M. Conroy on 11/4/2020. (hbc) (Entered: 11/04/2020)
11/4/2020406MINUTE ENTRY for proceedings held before Judge John M. Conroy: Initial Appearance and Arraignment as to Chris Eastman (8) held on 11/4/2020. Present via telephone are AUSA Wendy Fuller for the gov't, Atty Chandler Matson for deft, and deft from NWCF. Consent to participate via teleconference submitted and approved by the Court. Court informs deft of rights. Deft sworn and Court makes inquiries. Financial affidavit reviewed. Court reads Count 19 and enters plea of not guilty on behalf of deft. Gov't reports on nature and extent of discovery. Statements by counsel re time required for filing pretrial motions. Court makes findings. Gov't moves for detention. Counsel requests more time to investigate possible resolution of pending warrants. ORAL ORDER: Consistent with Fed. R. Crim. P. 5(f), Court confirms disclosure obligation of the prosecutor under Brady v. Maryland and possible consequences of violating such Order. ORDERED: Court appoints counsel on behalf of deft. Pretrial Motions to be filed by 2/2/2021. Deft remanded to the custody of the US Marshal to be detained pending Detention Hearing set for 11/6/2020 at 2:00 PM in Burlington Courtroom 410 before Judge John M. Conroy. (Court Reporter: Recorded) (hbc) (Entered: 11/04/2020)
11/4/2020
  • Motion
MOTION for Detention by USA as to Chris Eastman. (Fuller, Wendy) (Entered: 11/04/2020)
11/4/2020CJA 20: Appointment of Chandler W. Matson, Esq for Chris Eastman. Signed by Deputy Clerk on 11/4/2020. (law) (Entered: 11/04/2020)
11/4/2020INDICTMENT UNSEALED as to Krystal Whitcomb (1), Shawn Whitcomb (2), Michael Anthony Hayes (3), John Welch (4), Alicia Whitcomb (5), Brandon Darling (6), Michael Ashford (7), and Chris Eastman (8) pursuant to the arrest of Defendant Eastman. (hbc) (Entered: 11/04/2020)
11/3/2020405MINUTE ENTRY for proceedings held before Judge Christina Reiss: Motion Hearing as to Krystal Whitcomb held on 11/3/2020 re 389 MOTION for Revocation of Release. Present via video conference: Wendy Fuller, AUSA, Michael Straub, Esq., Shawna Lapierre, USPO, and the dft. The court makes inquiries re: appearance via video. Dft waives her in person appearance and will file waiver with the court. Court makes inquiries. Statements by counsel. Clerk swears in Shawna Lapierre as witness for the gov't. Parties request court commence and continue hearing. ORDERED: hearing continued until 11/6/2020 at 1:30PM in Burlington Courtroom 510 before District Judge Christina Reiss. (Court Reporter: Johanna Masse) (jbr) (Entered: 11/04/2020)
11/2/2020CJA 20: Re-appointment of David P. Hoose, Esq. as to Krystal Whitcomb. Signed by Deputy Clerk on 11/2/2020. (law) (Entered: 11/09/2020)
11/2/2020ARREST WARRANT RETURNED executed on 11/2/2020 as to Krystal Whitcomb.(kp) (Entered: 11/03/2020)
11/2/2020NOTICE OF HEARING as to Krystal Whitcomb re: 389 MOTION for Revocation of Release. Motion Hearing set for 11/3/2020 at 02:00 PM, via video conference, in Burlington Courtroom 510 before Judge Christina Reiss.(jbr) (Entered: 11/02/2020)
11/2/2020UNSEALED Document(s) as to Krystal Whitcomb: 389 EX PARTE MOTION for Revocation of Release pursuant to notification of deft's arrest. (law) (Entered: 11/02/2020)
10/30/2020ARREST WARRANT RETURNED executed on 10/29/2020 as to Shawn Whitcomb.(kp) (Entered: 10/30/2020)
10/30/2020
  • Order
ORDER OF DETENTION as to Shawn Whitcomb. Signed by Judge Christina Reiss on 10/30/2020. (jbr) (Entered: 10/30/2020)
10/30/2020398MINUTE ENTRY for proceedings held before Judge Christina Reiss: Motion Hearing as to Shawn Whitcomb held on 10/30/2020 re 387 MOTION for Revocation of Release. Present on the telephone: John Boscia, AUSA, for the gov't. Ian Carleton, Esq., and Alex Nelson, Esq., present in person with the dft. Court makes inquiries. Statements by counsel. Dft admits to violation and does not oppose detention. Court accepts admission and finds dft violated. ORDERED: 387 granted MOTION for Revocation of Release. Dft remanded to the custody of the USMS and to be detained pending further proceedings. (Court Reporter: Johanna Masse) (jbr) (Entered: 10/30/2020)
10/29/2020UNSEALED Document(s) as to Shawn Whitcomb: 387 EX PARTE MOTION for Revocation of Release unsealed pursuant to notification of deft's arrest. (law) (Entered: 10/29/2020)
10/29/2020NOTICE OF DOCKET ENTRY CORRECTION as to Shawn Whitcomb re: 396 Notice of Hearing on Motion. The document has been replaced to correct the time of hearing. The corrected document is now attached to 396 and this entry. (law) (Entered: 10/29/2020)
10/29/2020NOTICE OF HEARING as to Shawn Whitcomb re: 387 MOTION for Revocation of Release. Motion Hearing set for 10/30/2020 at 01:00 PM in Burlington Courtroom 510 before Judge Christina Reiss.(jbr) (Main Document 396 replaced on 10/29/2020) (law). (Entered: 10/29/2020)
10/29/2020395MINUTE ENTRY for proceedings held before Judge Christina Reiss: Motion Hearing as to Alicia Whitcomb held on 10/29/2020 re 366 MOTION for Revocation of Conditions of Release. Present via video conference: John Boscia, AUSA, David Watts, Esq., Bill Frasure, USPO, and the dft. The court makes findings re: need for a video conference in light of Covid Orders. Court makes inquiries. Statements by counsel and dft. ORDERED: granting MOTION for Revocation of Conditions of Release. Dft remanded to the USMS pending sentencing. (Court Reporter: Johanna Masse) (jbr) (Entered: 10/29/2020)
10/29/2020WAIVER of Appearance and Consent to Participate in Hearing Via Video Teleconference at Motion Hearing scheduled for 10/29/2020 at 11:30 a.m. as to Alicia Whitcomb. Signed by Judge Christina Reiss on 10/29/2020. (kp) (Entered: 10/29/2020)
10/28/2020ARREST WARRANT RETURNED executed on 10/28/2020 as to Alicia Whitcomb.(kp) (Entered: 10/29/2020)
10/28/2020NOTICE OF HEARING as to Alicia Whitcomb re: 366 MOTION for Revocation of Conditions of Release. Motion Hearing set for 10/29/2020 at 11:30 AM, via video conference, in Burlington Courtroom 510 before Judge Christina Reiss.(jbr) (Entered: 10/28/2020)
10/28/2020UNSEALED Document(s) as to Alicia Whitcomb: 367 Order on Ex Parte Motion, 366 EX PARTE MOTION for Arrest Warrant and MOTION for Revocation of Conditions of Release, MOTION to Seal pursuant to notification of deft's arrest. (law) (Entered: 10/28/2020)
10/26/2020
  • Motion
EX PARTE MOTION for Revocation of Release by USA as to Krystal Whitcomb. (Attachments: # 1 Exhibit 1)(kp) Unsealed on 11/2/2020 (law). (Entered: 10/26/2020)
10/22/2020
  • Motion
EX PARTE MOTION for Revocation of Release by USA as to Shawn Whitcomb. (kp) Unsealed on 10/29/2020. (hbc) (Entered: 10/22/2020)
10/21/2020CJA 20: Appointment of Robert W. Katims, Esq. (co-counsel) for John Welch (nunc pro tunc 10/16/2020). Signed by Deputy Clerk on 10/21/2020. (law) (Entered: 10/21/2020)
10/19/2020
  • Order
ORDER Setting Conditions of Release as to Michael Ashford (7). Signed by Judge John M. Conroy on 9/23/2020. (hbc) (Entered: 10/20/2020)
10/14/2020380MINUTE ENTRY for proceedings held before Judge Christina Reiss: Motion Hearing as to Brandon Darling held on 10/14/2020 re 372 EX PARTE MOTION for Revocation of Conditions of Release. Present via telephone: Wendy Fuller, AUSA, Mary Kehoe, Esq., Bill Frasure, USPO, and the dft. The court makes findings re: need for a telephone conference given Covid Orders. The court makes inquiries. Dft does not oppose detention at this time. ORDERED: granting MOTION for Revocation of Conditions of Release. Dft remanded to the custody of the USMS and will be detained pending further proceedings. (Court Reporter: Johanna Masse) (jbr) (Entered: 10/14/2020)
10/13/2020ARREST WARRANT RETURNED executed on 10/8/2020 as to Brandon Darling.(kp) (Entered: 10/13/2020)
10/13/2020WAIVER of Personal Appearance at Arraignment and Entry of Plea of Not Guilty by Michael Anthony Hayes (3). Signed by Judge John M. Conroy on 10/13/2020. (hbc) (Entered: 10/13/2020)
10/13/2020377MINUTE ENTRY for proceedings held before Judge John M. Conroy: Arraignment on Fourth Superseding Indictment as to Michael Anthony Hayes (3) held on 10/13/2020. Present via telephone are AUSA Wendy Fuller for the gov't and Atty Natasha Sen for deft. Deft waives appearance; waiver submitted and approved by the Court. Court enters pleas of not guilty on behalf of deft. Court informs counsel of current pretrial motions deadline and speedy-trial exclusions previously applied. Statements by counsel. Deft agrees to deadline and exclusions. ORDERED: Existing pretrial motions deadline of 12/22/2020 remains. (Court Reporter: Recorded) (hbc) (Entered: 10/13/2020)
10/9/2020WAIVER of Appearance and Consent to Participate in Hearing Via Teleconference at Motion Hearing scheduled for 10/14/2020 at 10:00 as to Brandon Darling. Signed by Judge Christina Reiss on 10/9/2020. (jbr) (Entered: 10/09/2020)
10/9/2020NOTICE OF HEARING as to Brandon Darling re: 372 MOTION for Revocation of Conditions of Release. Motion Hearing set for 10/14/2020 at 10:00 AM, via telephone, in Burlington Courtroom 510 before Judge Christina Reiss.(jbr) (Entered: 10/09/2020)
10/9/2020UNSEALED Document(s) as to Brandon Darling: 372 EX PARTE MOTION for Arrest Warrant and MOTION for Revocation of Conditions of Release, 373 Order on Ex Parte Motion pursuant to notification of deft's arrest. (law) (Entered: 10/09/2020)
10/8/2020373
  • OrderGranted
ORDER GRANTING 372 Ex Parte Motion for an Arrest Warrant as to Brandon Darling (6). Signed by Judge Christina Reiss on 10/8/2020. (This is a text-only Order.) (ejh) Unsealed on 10/9/2020 (law). (Entered: 10/08/2020)
10/8/2020
  • Motion
EX PARTE MOTION for Arrest Warrant and MOTION for Revocation of Conditions of Release by USA as to Brandon Darling. (kp) Added MOTION for Revocation on 10/8/2020 (law). Unsealed on 10/9/2020 (law). (Entered: 10/08/2020)
10/7/2020NOTICE OF HEARING as to Michael Anthony Hayes (3): Arraignment on Fourth Superseding Indictment (by waiver) via telephone set for 10/13/2020 at 11:30 AM in Burlington Courtroom 410 before Judge John M. Conroy. (hbc) (Entered: 10/07/2020)
10/2/2020369MINUTE ENTRY for proceedings held before Judge Christina Reiss: Status Conference as to Krystal Whitcomb, Shawn Whitcomb, Michael Anthony Hayes, John Welch, Michael Ashford held on 10/2/2020. Present via video conference: Wendy Fuller, AUSA, John Boscia, AUSA, Michael Straub, Esq., Robert Behrens, Esq., Alex Nelson, Esq., Gordon Gebauer, Esq., and Natasha Sen, Esq. Court makes inquiries. Statements by counsel. Defense counsel motion for a continuance. Statements by counsel. ORDERED: Suppression Hearing scheduled on 10/26/2020 is cancelled at the request of dft counsel so that they may seek out co-counsel. (Court Reporter: Johanna Masse) (jbr) (Entered: 10/02/2020)
10/2/2020367
  • Motion to SealGranted
ORDER GRANTING 366 Ex Parte Motion for Arrest Warrant and to Seal Document as to Alicia Whitcomb. Signed by Judge Christina Reiss on 10/2/2020. (This is a text-only Order.) (ejh) Unsealed on 10/28/2020 (law). (Entered: 10/02/2020)
10/1/2020
  • Motion
EX PARTE MOTION for Arrest Warrant, MOTION for Revocation of Conditions of Release and EX PARTE MOTION to Seal by USA as to Alicia Whitcomb. (law) Unsealed on 10/28/2020 (law). (Entered: 10/01/2020)
9/30/2020NOTICE OF HEARING as to Krystal Whitcomb, Shawn Whitcomb, Michael Anthony Hayes, John Welch, Michael Ashford: Status Conference set for 10/2/2020 at 01:00 PM, via video conference, in Burlington Courtroom 510 before Judge Christina Reiss.(jbr) (Entered: 09/30/2020)
9/25/2020CJA 20: Appointment of Natasha Sen, Esq. (substituting Thomas J. Sherrer, Esq.) for Michael Anthony Hayes. Signed by Deputy Clerk on 9/25/2020. (law) (Entered: 09/28/2020)
9/25/2020364MINUTE ENTRY for proceedings held before Judge Christina Reiss: Motion Hearing as to Michael Anthony Hayes held on 9/25/2020 re 341 MOTION to Withdraw as Attorney. Present via video conference: Wendy Fuller, AUSA, Thomas Sherrer, Esq., and the dft. The court makes inquiries. Statements by counsel. ORDERED: granting 341 MOTION to Withdraw as Attorney. The court will appoint new counsel. (Court Reporter: Johanna Masse) (jbr) (Entered: 09/25/2020)
9/23/2020WAIVER of Personal Appearance at Arraignment and Entry of Plea of Not Guilty by Shawn Whitcomb (2). Signed by Judge John M. Conroy on 9/23/2020. (hbc) (Entered: 09/23/2020)
9/23/2020WAIVER of Personal Appearance at Arraignment and Entry of Plea of Not Guilty by Krystal Whitcomb (1). Signed by Judge John M. Conroy on 9/23/2020. (hbc) (Entered: 09/23/2020)
9/23/2020361MINUTE ENTRY for proceedings held before Judge John M. Conroy: Arraignment on Fourth Superseding Indictment as to Krystal Whitcomb (1) and Shawn Whitcomb (2) held on 9/23/2020. Present via telephone are AUSA Wendy Fuller for the gov't, Atty Michael Straub for deft Krystal Whitcomb, and Atty Alexandrea Nelson for deft Shawn Whitcomb. Defts waive appearance; waivers submitted and approved by the Court. Court enters pleas of not guilty on behalf of defts. Court informs counsel of new pretrial motions deadline as set by codeft and speedy-trial exclusions applied. Statements re deadline and exclusions. Gov't reports on status of discovery. Defts agree to deadline and exclusions. ORDERED: Pretrial Motions to be filed by 12/22/2020. (Court Reporter: Recorded) (hbc) (Entered: 09/23/2020)
9/23/2020360
  • OrderGranted
ORDER granting 353 MOTION for Release from Custody Pending Trial as to Michael Ashford (7). Signed by Judge John M. Conroy on 9/23/2020. (This is a text-only Order.) (hbc) (Entered: 09/23/2020)
9/23/2020CONSENT to Participate in Hearing Via Video Teleconference re Initial Appearance and Arraignment scheduled for 9/23/2020 at 11:30 AM as to Michael Ashford (7). Signed by Judge John M. Conroy on 9/23/2020. (hbc) (Entered: 09/23/2020)
9/23/2020358MINUTE ENTRY for proceedings held before Judge John M. Conroy: Initial Appearance and Arraignment as to Michael Ashford (7) held on 9/23/2020. Present via video conference are AUSA John Boscia for the gov't, Atty Gordon Gebauer for deft, and deft. Consent to participate via teleconference submitted and approved by the Court. Court advises deft of rights. Atty Gebauer states that due to his appointment for deft in 5:19-cr-44, he has also been appointed as CJA counsel in this matter. Deft sworn and Court makes inquiries. Court reads Count 8. Deft waives a full reading of the Indictment and enters plea of not guilty. Court informs counsel of new pretrial motions deadline as set by codeft and speedy-trial exclusions applied. Deft agrees to deadline and exclusions. Statements re proposed conditions. Court reviews conditions of release and advises deft of penalties and sanctions. ORDERED: Deft is released on PR with conditions. Pretrial Motions to be filed by 12/22/2020. (Court Reporter: Recorded) (hbc) (Entered: 09/23/2020)
9/23/2020CRIMINAL PRETRIAL SCHEDULING ORDER as to Krystal Whitcomb (1); Shawn Whitcomb (2); Michael Anthony Hayes (3); John Welch (4); and Michael Ashford (7). Motions due by 12/22/2020. Time excluded from 9/23/2020 to 12/22/2020. Signed by Judge John M. Conroy on 9/23/2020. (hbc) (Entered: 09/23/2020)
9/23/2020CONSENT to Participate in Hearing Via Teleconference re Arraignment on Fourth Superseding Indictment scheduled for 9/23/2020 at 10:30 AM as to John Welch (4). Signed by Judge John M. Conroy on 9/23/2020. (hbc) (Entered: 09/23/2020)
9/23/2020355MINUTE ENTRY for proceedings held before Judge John M. Conroy: Arraignment on Fourth Superseding Indictment as to John Welch (4) held on 9/23/2020. Present via telephone are AUSA John Boscia for the gov't, Atty Robert Behrens for deft, and deft from Strafford County Jail. Consent to participate via teleconference submitted and approved by the Court. Deft sworn and Court makes inquiries. Court summarizes Count 1s,2s,3s,8s,17s. Deft waives full reading of the Indictment and enters pleas of not guilty. Gov't reports on status of discovery. Statements by counsel re time required for filing pretrial motions. Court makes findings. ORDERED: Pretrial Motions to be filed by 12/22/2020. (Court Reporter: Recorded) (hbc) (Entered: 09/23/2020)
9/22/2020REVISED NOTICE OF HEARING as to Michael Anthony Hayes re: 341 MOTION to Withdraw as Attorney. Revised to reflect that hearing will now be held via video conference. Motion Hearing set for 9/25/2020 at 11:00 AM via video conference in Burlington Courtroom 510 before Judge Christina Reiss.(jbr) (Entered: 09/22/2020)
9/22/2020
  • Motion
MOTION for Release from Custody Pending Trial by Michael Ashford. (Attachments: # 1 Certificate of Service)(Gebauer, Jr., Gordon) (Entered: 09/22/2020)
9/21/2020REVISED NOTICE OF HEARING (time change only) as to Krystal Whitcomb (1), Shawn Whitcomb (2): Arraignment on Fourth Superseding Indictment (by waiver) via telephone reset to 2:00 PM on 9/23/2020 in Burlington Courtroom 410 before Judge John M. Conroy. (hbc) (Entered: 09/21/2020)
9/21/2020NOTICE OF HEARING as to Michael Ashford (7): Initial Appearance and Arraignment via video conference set for 9/23/2020 11:30 AM before Judge John M. Conroy. (hbc) (Entered: 09/21/2020)
9/21/2020NOTICE OF HEARING as to Michael Anthony Hayes re: 341 MOTION to Withdraw as Attorney. Motion Hearing set for 9/25/2020 at 11:00 AM in Burlington Courtroom 510 before Judge Christina Reiss.(jbr) (Entered: 09/21/2020)
9/21/2020NOTICE OF HEARING as to Krystal Whitcomb (1), Shawn Whitcomb (2): Arraignment on Fourth Superseding Indictment (by waiver) via telephone set for 9/23/2020 at 1:30 PM in Burlington Courtroom 410 before Judge John M. Conroy. (hbc) (Entered: 09/21/2020)
9/21/2020NOTICE OF HEARING as to John Welch (4): Arraignment on Fourth Superseding Indictment via telephone set for 9/23/2020 at 10:30 AM in Burlington Courtroom 410 before Judge John M. Conroy. (hbc) (Entered: 09/21/2020)
9/15/2020NOTICE of Intent Not to Seek the Death Penalty by USA as to Krystal Whitcomb, Michael Anthony Hayes, John Welch.(Boscia, John) (Entered: 09/15/2020)
9/15/2020CJA 20: Appointment of Gordon C. Gebauer, Jr., Esq for Michael Ashford. Signed by Deputy Clerk on 9/15/2020. (law) (Entered: 09/15/2020)
9/15/2020REDACTED FOURTH SUPERSEDING INDICTMENT as to Krystal Whitcomb, Shawn Whitcomb, Michael Anthony Hayes, John Welch, Michael Ashford. (law) (Entered: 09/15/2020)
9/15/2020
  • Motion to SealGranted
ORDER granting 343 Motion to Partially Seal 342 Fourth Superseding Indictment as to Krystal Whitcomb (1), Shawn Whitcomb (2), Michael Anthony Hayes (3), John Welch (4), Michael Ashford (7), Chris Eastman (8). Sealed until the arrest of defendant Chris Eastman. Signed by Judge John M. Conroy on 9/15/2020. (law) (Entered: 09/15/2020)
9/15/2020
  • Motion to Seal
MOTION to Partially Seal 342 Fourth Superseding Indictment by USA as to Krystal Whitcomb, Shawn Whitcomb, Michael Anthony Hayes, John Welch, Michael Ashford, Chris Eastman. (law) (Entered: 09/15/2020)
9/15/2020FOURTH SUPERSEDING INDICTMENT as to Krystal Whitcomb (1) count(s) 1ssss, 2ssss, 3ssss, 4ssss, 5ssss, 6ssss, 9ssss, 16ssss, Shawn Whitcomb (2) count(s) 5ssss, 10ssss, 11ssss-15ssss, Michael Anthony Hayes (3) count(s) 1ss, 2ss, 3ss, 6ss, 7ss, 8ss, 9ss, 18ss, 19ss, John Welch (4) count(s) 1s, 2s, 3s, 8s, 17s, Michael Ashford (7) count(s) 8, Chris Eastman (8) count(s) 19. (law) (Entered: 09/15/2020)
9/11/2020
  • Motion to Withdraw as Counsel
MOTION to Withdraw as Attorney by Michael Anthony Hayes. (Sherrer, Thomas) (Entered: 09/11/2020)
9/1/2020340NOTICE OF DOCKET ENTRY UPDATE as to Krystal Whitcomb re: 339 Response in Opposition to Motion. Exhibit 5 having been received on DVD, it is now on file in Clerk's Office. (law) (Entered: 09/02/2020)
9/1/2020
  • Motion to Suppress
RESPONSE in Opposition to 299 MOTION to Suppress Statements and Other Evidence and MOTION for Franks Hearing, 301 MOTION for Joinder as to 299 MOTION to Suppress Statements and Other Evidence and MOTION for Franks Hearing, 287 MOTION to Suppress Facebook Warrant by USA as to Krystal Whitcomb, John Welch. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5 (DVD on file in Clerk's Office), # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9)(Boscia, John) (Entered: 09/01/2020)
8/21/2020ATTORNEY UPDATE as to Shawn Whitcomb. Attorney Kenneth J. Montgomery, Esq terminated pursuant to Doc. 338 (TOO). (kp) (Entered: 08/21/2020)
8/21/2020338
  • Motion to Withdraw as CounselGranted
ORDER GRANTING 336 Motion of Kenneth J. Montgomery, Esq. to Withdraw as Attorney as to Shawn Whitcomb (2). Signed by Judge Christina Reiss on 8/21/2020. (This is a text-only Order.) (ejh) (Entered: 08/21/2020)
8/20/2020ATTORNEY UPDATE as to Krystal Whitcomb. Attorney David P. Hoose, Esq terminated pursuant to Doc. 337 (TOO). (kp) (Entered: 08/21/2020)
8/20/2020337
  • Motion to Withdraw as CounselGranted
ORDER granting 334 Motion to Withdraw as Attorney as to Krystal Whitcomb (1). Signed by Judge Christina Reiss on 8/20/2020. (This is a text-only Order.) (law) (Entered: 08/20/2020)
8/20/2020
  • Motion to Withdraw as Counselby Δ
MOTION to Withdraw as Attorney by Shawn Whitcomb. (Carleton, Ian) (Entered: 08/20/2020)
8/19/2020335
  • Motion to Extend Time to File ResponseGranted
ORDER granting 332 Motion for Extension of Time to File Response/Reply and 332 Motion for Leave to Exceed Page Limit re: 287 Motion to Suppress and 299 Motion to Suppress and for Franks Hearing as to Krystal Whitcomb (1), John Welch (4). Signed by Judge Christina Reiss on 8/19/2020. (This is a text-only Order.) (law) (Entered: 08/19/2020)
8/19/2020
  • Motion to Withdraw as Counselby Δ
MOTION to Withdraw as Attorney by Krystal Whitcomb. (Hoose, David) (Entered: 08/19/2020)
8/19/2020ATTORNEY UPDATE as to John Welch. Attorney Jean deSales Barrett, Esq terminated pursuant to Doc. 333 (TOO). (kp) (Entered: 08/19/2020)
8/19/2020333
  • Motion to Withdraw as CounselGranted
ORDER granting 331 Motion to Withdraw as Attorney as to John Welch (4). Signed by Judge Christina Reiss on 8/19/2020. (This is a text-only Order.) (law) (Entered: 08/19/2020)
8/18/2020
  • Motion to Extend Time to File Response
MOTION for Extension of Time to File Response/Reply re: 287 MOTION to Suppress Facebook Warrant, 299 MOTION to Suppress Statements and Other Evidence and MOTION for Franks Hearing and MOTION to Exceed Page Limit by USA as to Krystal Whitcomb, John Welch. (Fuller, Wendy) Modified on 8/19/2020 (jlh). (Entered: 08/18/2020)
8/18/2020
  • Motion to Withdraw as Counsel
MOTION to Withdraw as Attorney by John Welch. (Barrett, Jean) (Entered: 08/18/2020)
8/12/2020PROCEDURAL AND SCHEDULING ORDER as to Brandon Darling: Sentencing Memoranda are due by 11/10/2020. Sentencing set for 11/20/2020 at 10:00 AM before Judge Christina Reiss. Signed by Judge Christina Reiss on 8/12/2020. (jbr) (Entered: 08/12/2020)
8/12/2020NOTICE OF HEARING as to Brandon Darling: Sentencing set for 11/20/2020 at 10:00 AM in Burlington Courtroom 510 before Judge Christina Reiss.(jbr) (Entered: 08/12/2020)
8/7/2020
  • Motion to Sever
RESPONSE in Opposition to 298 MOTION to Sever Defendants Trials and Order Separate Trial on Count 6 by USA as to Michael Anthony Hayes. (Fuller, Wendy) (Entered: 08/07/2020)
8/7/2020SUPPLEMENTAL DOCUMENT(S) by Krystal Whitcomb as to Krystal Whitcomb, John Welch re: 299 MOTION to Suppress Statements and Other Evidence and MOTION for Franks Hearing. (Straub, Michael) (Entered: 08/07/2020)
8/5/2020NOTICE OF HEARING as to Alicia Whitcomb: Sentencing set for 11/19/2020 at 01:30 PM in Burlington Courtroom 510 before Judge Christina Reiss.(law) (Entered: 08/05/2020)
8/5/2020PROCEDURAL AND SCHEDULING ORDER as to Alicia Whitcomb: Sentencing Memoranda are due by 11/9/2020. Sentencing set for 11/19/2020 at 01:30 PM before Judge Christina Reiss. Signed by Judge Christina Reiss on 8/5/2020. (law) (Entered: 08/05/2020)
8/4/2020323MINUTE ENTRY for proceedings held before Judge Christina Reiss: Change of Plea Hearing as to Alicia Whitcomb held on 8/4/2020. John Boscia, AUSA present for gov't. David Watts, Esq. present with deft. Clerk swears deft and court makes inquiries. Court informs deft of rights being waived. Statement of essential elements read by the court and factual basis for the charge read by the gov't. Court informs deft of maximum penalties. Guilty plea entered as to Count 2 of the 91 Third Superseding Indictment. Court makes findings and accepts guilty plea. PSR to be completed by USPO. Statements re: release/detention. ORDERED: Sentencing set for 11/19/2020 at 01:30 PM in Burlington Courtroom 510 before Judge Christina Reiss. Defendant to remain released on conditions previously imposed. (Court Reporter: JoAnn Q. Carsons, Capital Court Reporters, Inc.) (law) Text clarified on 5/19/2021 (law). (Entered: 08/05/2020)
8/3/2020322
  • Motion to Extend Time to File ResponseGranted
ORDER GRANTING 321 Unopposed Motion for Extension of Time to File Response/Reply re: 287 MOTION to Suppress Facebook Warrant as to John Welch (4). Signed by Judge Christina Reiss on 8/3/2020. (This is a text-only Order.) (ejh) (Entered: 08/03/2020)
7/31/2020
  • Motion to Extend Time to File Response
MOTION for Extension of Time to File Response/Reply re: 287 MOTION to Suppress Facebook Warrant by USA as to John Welch. (Fuller, Wendy) (Entered: 07/31/2020)
7/31/2020320MINUTE ENTRY for proceedings held before Judge Christina Reiss: Change of Plea Hearing as to Brandon Darling held on 7/31/2020, Plea entered by Brandon Darling. John Boscia, AUSA, present for gov't. Mary Kehoe, Esq., present with dft. Clerk swears in dft and court makes inquiries. Dft waives reading of the Third Superseding Indictment. Clerk swears dft and court makes inquiries. Dft waives reading the Third Superseding Indictment. Plea Agreement reviewed. Court informs dft of rights being waived. Statement of essential elements and factual basis for the charge read by govt. Court informs dft of maximum penalties. Guilty plea entered as to count 5 of the Third Superseding Indictment. Court accepts guilty plea and Plea Agreement. ORDERED: dft remains released on conditions pending sentencing. Sentencing set for 11/20/2020 at 10:00 AM in Burlington Courtroom 510 before Judge Christina Reiss. (Court Reporter: Johanna Masse) (jbr) (Entered: 07/31/2020)
7/31/2020NOTICE OF HEARING as to Krystal Whitcomb, Shawn Whitcomb, Michael Anthony Hayes, John Welch. Status Conference scheduled for Attorneys only via video conference. Status Conference set for 9/29/2020 at 02:30 PM in Burlington Courtroom 510 before Judge Christina Reiss.(jbr) (Entered: 07/31/2020)
7/31/2020REVISED NOTICE OF HEARING as to Krystal Whitcomb, John Welch re: 299 MOTION to Suppress Statements and Other Evidence and MOTION for Franks Hearing, 287 MOTION to Suppress Facebook Warrant : Motion Hearing set for 10/26/2020 at 09:00 AM in Burlington Courtroom 510 before Judge Christina Reiss.(jbr) (Entered: 07/31/2020)
7/29/2020317MINUTE ENTRY for proceedings held before Judge Christina Reiss: Status Conference as to Krystal Whitcomb, Shawn Whitcomb, Michael Anthony Hayes, John Welch, Alicia Whitcomb, Brandon Darling held on 7/29/2020. Present via video conference: Wendy Fuller, AUSA, John Boscia, AUSA, Michael Straub, Esq., David Hoose, Esq., Mary Kehoe, Esq., Thomas Sherrer, Esq., David Watts, Esq., Robert Behrens, Esq., Jean de Sales Barrett, Esq., Ian Carleton, Esq., and Kenneth Montgomery, Esq. Court makes inquiries. Statements by counsel. ORDERED: Status Conference set for 9/28/2020 at 10:00 AM in Burlington Courtroom 510 before Judge Christina Reiss for dfts: Krystal Whitcomb, Michael Anthony Hayes, John Welch and Shawn Whitcomb. Motion Hearing scheduled for Krystal Whitcomb and John Welch re: 287 , 299 , on 10/26/2020 at 9:00AM in Burlington Courtroom 510 before Judge Christina Reiss. (Court Reporter: Johanna Masse) (jbr) (Entered: 07/31/2020)
7/29/2020NOTICE OF DOCKET ENTRY CORRECTION as to Krystal Whitcomb re: 299 MOTION to Suppress Statements and Other Evidence and MOTION for Franks Hearing. Exhibits 1, 2, 5, 8 and 9 have been sealed in accordance with F. R. Cr. P. 49.1. Further redacted exhibits are now attached to 299 and this entry. (Attachments: # 1 Exhibit 2 (redacted), # 2 Exhibit 5 (redacted), # 3 Exhibit 8 (redacted), # 4 Exhibit 9 (redacted)) (law) (Entered: 07/29/2020)
7/29/2020315
  • Motion to Extend Time to File ResponseGranted
ORDER GRANTING 313 Unopposed Motion for Extension of Time to File Response/Reply to 298 Motion to Sever Defendants' Trials and Order Separate Trial on Count 6 as to Michael Anthony Hayes (3). Signed by Judge Christina Reiss on 7/29/2020. (This is a text-only Order.) (ejh) (Entered: 07/29/2020)
7/29/2020314
  • Motion to Extend Time to File ResponseGranted
ORDER GRANTING 312 Unopposed Motion for Extension of Time to File Response/Reply to 299 Motion to Suppress Statements and Other Evidence and Motion for Franks Hearing as to Krystal Whitcomb (1). Signed by Judge Christina Reiss on 7/29/2020. (This is a text-only Order.) (ejh) (Entered: 07/29/2020)
7/28/2020
  • Motion to Extend Time to File Response
UNOPPOSED MOTION for Extension of Time to File Response/Reply re: 298 MOTION to Sever Defendants Trials and Order Separate Trial on Count 6 by USA as to Michael Anthony Hayes. (Fuller, Wendy) (Entered: 07/28/2020)
7/28/2020
  • Motion to Extend Time to File Response
UNOPPOSED MOTION for Extension of Time to File Response/Reply re: 299 MOTION to Suppress Statements and Other Evidence and MOTION for Franks Hearing by USA as to Krystal Whitcomb. (Fuller, Wendy) Link removed on 7/28/2020 (law). (Entered: 07/28/2020)
7/27/2020NOTICE OF HEARING as to Alicia Whitcomb: Change of Plea Hearing set for 8/4/2020 at 11:00 AM in Burlington Courtroom 510 before Judge Christina Reiss.(jbr) (Entered: 07/27/2020)
7/24/2020
  • Motion to Sever
RESPONSE in Opposition to 288 MOTION to Sever Trial by USA as to John Welch. (Fuller, Wendy) (Entered: 07/24/2020)
7/24/2020309
  • Motion to Extend Time to File ResponseGranted
ORDER GRANTING 308 Unopposed Motion for Extension of Time to File Response/Reply re: 287 MOTION to Suppress Facebook Warrant as to John Welch (4). Signed by Judge Christina Reiss on 7/24/2020. (This is a text-only Order.) (ejh) (Entered: 07/24/2020)
7/24/2020
  • Motion to Extend Time to File Response
UNOPPOSED MOTION for Extension of Time to File Response/Reply re: 287 MOTION to Suppress Facebook Warrant by USA as to John Welch. (Fuller, Wendy) Link removed on 7/27/2020 (law). (Entered: 07/24/2020)
7/24/2020PLEA AGREEMENT as to Alicia Whitcomb. (kp) (Entered: 07/24/2020)
7/21/2020NOTICE OF HEARING as to Krystal Whitcomb, John Welch re: 299 MOTION to Suppress Statements and Other Evidence and MOTION for Franks Hearing, 287 MOTION to Suppress Facebook Warrant. Motion Hearing set for 9/9/2020 at 10:00 AM in Burlington Courtroom 510 before Judge Christina Reiss.(jbr) (Entered: 07/21/2020)
7/17/2020303
  • Motion for JoinderGranted
ORDER granting 301 Motion for Joinder as to 299 MOTION to Suppress Statements and Other Evidence and MOTION for Franks Hearing as to Krystal Whitcomb (1), John Welch (4). Signed by Judge Christina Reiss on 7/17/2020. (This is a text-only Order.) (ejh) (re-entered to include co-defendant on 7/20/2020) (law). (Entered: 07/20/2020)
7/17/2020NOTICE OF HEARING as to Krystal Whitcomb, Shawn Whitcomb, Michael Anthony Hayes, John Welch, Alicia Whitcomb, Brandon Darling: Status Conference set for 7/29/2020 10:00 AM before Judge Christina Reiss via video conference.(jbr) (Entered: 07/17/2020)
7/17/2020NOTICE OF HEARING as to Brandon Darling: Change of Plea Hearing set for 7/31/2020 at 01:00 PM in Burlington Courtroom 510 before Judge Christina Reiss.(jbr) (Entered: 07/17/2020)
7/16/2020PLEA AGREEMENT as to Brandon Darling. (kp) (Entered: 07/16/2020)
7/15/2020
  • Motion for Joinder
MOTION for Joinder as to 299 MOTION to Suppress Statements and Other Evidence and MOTION for Franks Hearing by John Welch as to Krystal Whitcomb, John Welch. (Attachments: # 1 Certificate of Service) (Behrens, Robert) (re-entered on 7/15/2020 to include co-deft Whitcomb (law) (Entered: 07/15/2020)
7/15/2020NOTICE OF HEARING as to John Welch re: 287 MOTION to Suppress Facebook Warrant. Motion Hearing set for 9/2/2020 at 10:00 AM in Burlington Courtroom 510 before Judge Christina Reiss.(jbr) (Entered: 07/15/2020)
7/14/2020
  • Motion to Suppress
MOTION to Suppress Statements and Other Evidence and MOTION for Franks Hearing by Krystal Whitcomb. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3 (video to be filed), # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10)(Straub, Michael). Added MOTION for Hearing on 7/15/2020 (law). (Additional attachment(s) added on 7/29/2020: # 11 Exhibit 1 (redacted), # 13 Exhibit 2 (redacted), # 14 Exhibit 5 (redacted), # 15 Exhibit 8 (redacted), # 16 Exhibit 9) (law). (Entered: 07/14/2020)
7/14/2020
  • Motion to Sever
MOTION to Sever Defendants Trials and Order Separate Trial on Count 6 by Michael Anthony Hayes. (Sherrer, Thomas) Text clarified on 7/14/2020 (law). (Entered: 07/14/2020)
7/6/2020296
  • Motion to Extend Time to File ResponseGranted
ORDER GRANTING 295 Unopposed Motion for Extension of Time to File Response/Reply as to John Welch (4). Signed by Judge Christina Reiss on 7/6/2020. (This is a text-only Order.) (ejh) (Entered: 07/06/2020)
7/6/2020
  • Motion to Extend Time to File Response
UNOPPOSED MOTION for Extension of Time to File Response/Reply re: 288 MOTION to Sever Trial, 287 MOTION to Suppress Facebook Warrant by USA as to John Welch. (Fuller, Wendy) (Entered: 07/06/2020)
7/2/2020PRETRIAL SERVICES FORM 40 Notice Regarding United States Passport for Criminal Defendant as to Krystal Whitcomb. (Attachments: # 1 Main Document (unredacted, sealed))(law) (Entered: 07/02/2020)
6/29/2020ORDER granting 290 MOTION for Extension of Time to File Pretrial Motions (Unopposed) filed by Krystal Whitcomb (1). Signed by Judge Christina Reiss on 6/29/2020. (kp) (Entered: 06/29/2020)
6/29/2020SUPPLEMENTAL DOCUMENT(S) by Krystal Whitcomb re: 290 MOTION for Extension of Time to File Pretrial Motions . (Straub, Michael) Event/text clarified, link added on 6/29/2020 (law). (Entered: 06/29/2020)
6/26/2020 MOTION for Extension of Time to File Pretrial Motions (Unopposed) by Krystal Whitcomb. (Attachments: # 1 Proposed Order)(Straub, Michael) (Entered: 06/26/2020)
6/24/2020
  • Motion to Sever
MOTION to Sever Trial by John Welch. (Attachments: # 1 Certificate of Service)(Behrens, Robert) (Entered: 06/24/2020)
6/19/2020
  • Motion to Suppress
MOTION to Suppress Facebook Warrant by John Welch. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Certificate of Service)(Behrens, Robert) (Entered: 06/19/2020)
6/8/2020WAIVER of Appearance and Consent to Participate in Hearing Via Video Teleconference at Review of Conditions of Release hearing scheduled for 6/5/2020 at 3:00 p.m. as to Shawn Whitcomb. Signed by Judge Christina Reiss on 6/5/2020. (kp) (Entered: 06/08/2020)
6/5/2020286MINUTE ENTRY for proceedings held before Judge Christina Reiss: Violation Hearing as to Shawn Whitcomb held 6/5/2020. Present via video conference: Wendy Fuller, AUSA, and John Boscia, AUSA, Ian Carleton, Esq., Alex Nelson, Esq., and Kenneth Montgomery, Esq., and the dft. Lisa Shelkrot, Esq., is present for the Recovery House. Court addresses Recovery House 281 MOTION to Quash Subpoena. Statements by counsel. ORDERED: motion granted. Court makes inquiries re: violations of conditions. Statements by counsel. ORDERED: dft remains released on conditions pending trial. (Court Reporter: Johanna Masse) (jbr) (Entered: 06/15/2020)
6/4/2020
  • Motion to Quash
MOTION to Quash Subpoena by Recovery House, Inc. as to Shawn Whitcomb. (Attachments: # 1 Exhibit 1, # 2 Certificate of Service)(Shelkrot, Lisa) (Entered: 06/04/2020)
6/4/2020NOTICE of Appearance by Recovery House, Inc. as to Shawn Whitcomb. (Attachments: # 1 Certificate of Service)(Shelkrot, Lisa) (Entered: 06/04/2020)
6/2/2020NOTICE OF DOCKET ENTRY CORRECTION as to Shawn Whitcomb re: 278 Revised Notice of Hearing. The notice has been replaced to correct the time of hearing. The corrected notice is now attached to 278 and this entry. (law) (Entered: 06/02/2020)
6/1/2020REVISED NOTICE OF HEARING as to Shawn Whitcomb: Violations of Conditions of Release Hearing set for 6/5/2020 03:00 PM before Judge Christina Reiss via video conference. (jbr) (Main Document 278 replaced on 6/2/2020) (law). (Entered: 06/01/2020)
5/27/2020277
  • OrderDenied
ORDER DENYING WITHOUT PREJUDICE 276 Unopposed Motion to Compel production of Video Evidence as to Shawn Whitcomb (2). The non-party sought to be compelled must have the opportunity to raise the privacy, therapeutic, and health privileges and interests of any client other than Defendant depicted in the video. Signed by Judge Christina Reiss on 5/27/2020. (This is a text-only Order.) (ejh) (Entered: 05/27/2020)
5/26/2020
  • Motion to Compelby Δ
UNOPPOSED MOTION to Compel Production of Video Evidence by Shawn Whitcomb. (Attachments: # 1 Proposed Order, # 2 Exhibit A, # 3 Exhibit B)(Carleton, Ian) (Entered: 05/26/2020)
5/20/2020WAIVER of Appearance and Consent to Participate in Hearing Via Video Teleconference at Review of Conditions of Release hearing for 5/18/2020 at 12:30 p.m. as to Shawn Whitcomb. Signed by Judge Christina Reiss on 5/18/2020. (kp) (Entered: 05/20/2020)
5/18/2020NOTICE OF HEARING as to Shawn Whitcomb:Violations of Conditions of Releaes Hearing set for 6/1/2020 01:00 PM via video conference before Judge Christina Reiss.(jbr) (Entered: 05/18/2020)
5/18/2020268MINUTE ENTRY for proceedings held before Judge Christina Reiss: Violation of Conditions of Release Hearing as to Shawn Whitcomb held on 5/18/2020 via video conference. Present via video conference: Wendy Fuller, AUSA, Ian Carleton, Esq., Kenneth Montgomery, Esq., Alexandra Nelso, Esq., and the dft. Court makes findings re: need for video conference in light of current court Orders re: covid. Court makes inquiries. Counsel and dft make statements. ORDERED: Violation of Conditions of Release hearing continued. Violation Hearing scheduled for 6/1/2020 at 1:00PM via video conference before Judge Christina Reiss. (Court Reporter: Johanna Masse) (jbr) (Entered: 05/18/2020)
5/18/2020RESPONSE in Opposition to 263 EX PARTE MOTION for Revocation of Release by Shawn Whitcomb. (Attachments: # 1 Exhibit A)(Carleton, Ian) (Entered: 05/18/2020)
5/15/2020TRANSCRIPT of Initial Appearance and Arraignment on Third Superseding Indictment hearing as to John Welch held on 9/13/2019, before Magistrate Judge Conroy. Court Reporter/Transcriber Anne Pierce, telephone number 802-793-9080. 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 6/8/2020. Redacted Transcript Deadline set for 6/18/2020. Release of Transcript Restriction set for 8/17/2020. (jbr) (Entered: 05/15/2020)
5/13/2020NOTICE OF HEARING as to Shawn Whitcomb:Hearing on Violation of Conditions of Release set via video conference for 5/18/2020 12:30 PM before Judge Christina Reiss.(jbr) (Entered: 05/13/2020)
5/12/2020264
  • Motion to SealDenied
ORDER DENYING 263 Ex Parte Motions Requesting a Warrant and to Seal, Setting Motion for Hearing, and Issuing a Summons as to Shawn Whitcomb (2). Signed by Judge Christina Reiss on 5/12/2020. (This is a text-only Order.) (ejh) unsealed on 5/13/2020 (law). (Entered: 05/12/2020)
5/12/2020
  • Motion
EX PARTE MOTION for Revocation of Release by USA as to Shawn Whitcomb. (kp) Unsealed on 5/13/2020 pursuant to Doc 264 (law). (Entered: 05/12/2020)
5/1/2020
  • Order
ORDER Setting Conditions of Release as to Shawn Whitcomb. Signed by Judge Christina Reiss on 5/1/2020. (law) (Entered: 05/01/2020)
5/1/2020259MINUTE ENTRY for proceedings held before Judge Christina Reiss: Motion Hearing as to Shawn Whitcomb held on 5/1/2020 re 218 MOTION to Revoke Detention Order and MOTION for Release from Custody filed by Shawn Whitcomb. Present via videoconference: Wendy Fuller, AUSA, Ian Carleton, Esq., Kenneth Montgomery, Esq., Alex Nelson, Esq., and the Dft. Court makes inquiries. Gov't moves to admit exhibits 1-25. Statements by counsel. ORDERED: exhibits admitted with the exception to exhibit number 17. Statements by counsel. ORDERED: Granted 218 MOTION to Revoke Detention Order and denied with respect to dft's due process violation. Court vacates the detention order. Dft to be released on conditions subject to an intake and admission to a residential treatment program. (Court Reporter: Johanna Masse) (jbr) (Entered: 05/01/2020)
5/1/2020
  • Motion to FileGranted
ORDER granting 255 MOTION to File Under Seal Exhibit A re: 254 Response in Support of Motion as to Shawn Whitcomb (2). Signed by Judge Christina Reiss on 5/1/2020. (kp) (Entered: 05/01/2020)
4/30/2020257MINUTE ENTRY for proceedings held before Judge Christina Reiss: Status Conference via videoconference as to Krystal Whitcomb, Shawn Whitcomb, Michael Anthony Hayes, John Welch, Alicia Whitcomb, Brandon Darling held on 4/30/2020. Present via video: Wendy Fuller, AUSA, John Boscia, AUSA, Robert Behrens, Esq., David Watts, Esq., Michael Straub, Esq., Ian Carleton, Esq., Alex Nelson, Esq., Mary Kehoe, Esq., Thomas Sherrer, Esq., Jean Barrett, Esq., Kenneth Montgomery, Esq., and David Hoose, Esq. Court makes inquiries. Statements by counsel. (Court Reporter: Johanna Masse) (jbr) (Entered: 05/01/2020)
4/30/2020256NOTICE OF DOCKET ENTRY UPDATE as to Shawn Whitcomb re: 254 Response in Support of Motion. Exhibit A having been received, is now attached to 254 under seal. (law) (Entered: 04/30/2020)
4/30/2020
  • Motion to File
MOTION to File Under Seal Exhibit A re: 254 Response in Support of Motion by Shawn Whitcomb. (Attachments: # 1 Proposed Order, # 2 Certificate of Service) (documents are sealed) (law) (Entered: 04/30/2020)
4/30/2020SUPPLEMENTAL DOCUMENT(S) re: 218 MOTION to Revoke Detention Order and MOTION for Release from Custody by Shawn Whitcomb. (Attachments: # 1 Exhibit A (filed under seal))(Carleton, Ian) (Attachment 1 replaced, text clarified on 4/30/2020) (law). (Entered: 04/30/2020)
4/30/2020TRANSCRIPT of Motion Hearing as to John Welch held on 4/23/2020 before Judge Christina Reiss. Court Reporter/Transcriber Johanna Masse, telephone number 802-951-8102. 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 5/26/2020. Redacted Transcript Deadline set for 6/4/2020. Release of Transcript Restriction set for 8/3/2020. (jbr) (Entered: 04/30/2020)
4/29/2020NOTICE OF DOCKET ENTRY CORRECTION as to John Welch re: 208 EMERGENCY MOTION for Release from Custody . Exhibits A and B have been replaced to remove the illegible duplicate pdf headers. Exhibit C has been replaced to remove blank pages and turn the remaining pages upright. The corrected documents are now attached to 208 and this entry. (Attachments: # 1 Exhibit B, # 2 Exhibit C) (law) (Entered: 04/29/2020)
4/28/2020RESPONSE in Opposition to 218 MOTION to Revoke Detention Order and MOTION for Release from Custody by USA as to Shawn Whitcomb. (Attachments: # 1 Exhibit List)(Fuller, Wendy) Attachment description clarified on 4/29/2020 (law). (Entered: 04/28/2020)
4/28/2020
  • Order
ORDER Setting Conditions of Release as to Brandon Darling (6). Deft to be released on PR with conditions once treatment bed becomes available. Signed by Judge John M. Conroy on 4/28/2020. (hbc) (Entered: 04/28/2020)
4/28/2020249MINUTE ENTRY for proceedings held before Judge John M. Conroy: Motion Hearing via telephone as to Brandon Darling (6) held on 4/28/2020 re 225 MOTION for Review of Detention Order. Present by telephone are AUSA Wendy Fuller for the gov't, Atty Mary Kehoe for deft, and deft from Essex County Jail. Statements by counsel, deft, and Court. Court reviews conditions of release and advises deft of penalties and sanctions. ORDERED: Motion is GRANTED. Deft to be released on PR with conditions once treatment bed becomes available. (Court Reporter: Recorded) (hbc) (Entered: 04/28/2020)
4/27/2020ORDER granting 246 UNOPPOSED MOTION for Extension of Time to File Pretrial Motions filed by Brandon Darling. Signed by Judge Christina Reiss on 4/27/2020. (kp) (Entered: 04/27/2020)
4/27/2020ENTRY ORDER denying 208 EMERGENCY MOTION for Release from Custody as to John Welch (4). Signed by Judge Christina Reiss on 4/27/2020. (kp) (Entered: 04/27/2020)
4/27/2020 UNOPPOSED MOTION for Extension of Time to File Pretrial Motions by Brandon Darling. (Attachments: # 1 Proposed Order, # 2 Certificate of Service)(Kehoe, Mary) (Entered: 04/27/2020)
4/27/2020NOTICE OF HEARING as to Brandon Darling (6) re: 225 MOTION for Review of Detention Order: Motion Hearing via telephone set for 4/28/2020 at 10:15 AM before Judge John M. Conroy. (hbc) (Entered: 04/27/2020)
4/24/2020CONSENT to Participate in Hearing Via Video Conference at Motion Hearing scheduled for 5/1/2020 at 12:30 P.M. as to Shawn Whitcomb. Signed by Judge Christina Reiss on 4/24/2020. (kp) Text clarified on 4/27/2020 (law). (Entered: 04/24/2020)
4/24/2020NOTICE OF HEARING as to Shawn Whitcomb re: 218 MOTION to Revoke Detention Order and MOTION for Release from Custody via Telephone or Video. Motion Hearing set for 5/1/2020 12:30 PM before Judge Christina Reiss.(jbr) (Entered: 04/24/2020)
4/23/2020OFFICIAL EXHIBIT LIST of Defendant as to John Welch Motion hearing held on 4/23/2020. (jbr) (Entered: 04/23/2020)
4/23/2020OFFICIAL EXHIBIT LIST of Government as to John Welch re: Motion Hearing held on 4/23/2020. (jbr) (Entered: 04/23/2020)
4/23/2020240MINUTE ENTRY for proceedings held before Judge Christina Reiss: Motion Hearing as to John Welch held on 4/23/2020 re 208 EMERGENCY MOTION for Release from Custody. Present on the telephone: Wendy Fuller, AUSA, Robert Behrens, Esq., Jean Barrett, Esq., Mary Seller, USPO, and the dft. Court makes findings re: the need for an emergency telephone hearing. The court accepts the dft's waiver to appear by teleconference. Dft moves to admit exhibits A, B, C. Statements by counsel. ORDERED: granted. Gov't moves to admit exhibits 1-26. Statements by counsel. ORDERED: Gov't exhibits 1-16, 19-26 admitted. Court makes inquiries. Statements by counsel and dft. ORDERED: denied 208 EMERGENCY MOTION for Release from Custody on the basis of due process. Court defers ruling on other factors of 208 and will issue a written decision after review of evidence and prior court proceedings. (Court Reporter: Johanna Masse) (jbr) (Entered: 04/23/2020)
4/23/2020
  • Order
ORDER as to Brandon Darling (6): granting 225 REQUEST for an Order that the Essex County Jail Allow Valley Vista to Conduct an Intake Interview. Signed by Judge John M. Conroy on 4/23/2020. (hbc) (Entered: 04/23/2020)
4/23/2020
  • Motion to FileGranted
ORDER granting 222 Motion to File Under Seal Exhibit A re: 218 MOTION to Revoke Detention Order and MOTION for Release from Custody as to Shawn Whitcomb (2). Signed by Judge Christina Reiss on 4/23/2020. (kp) (Entered: 04/23/2020)
4/23/2020
  • Order
ORDER Setting Conditions of Release as to Krystal Whitcomb. Dft to be released upon admission to Residential Treatment. Signed by Judge Christina Reiss on 4/23/2020. (jbr) (Entered: 04/23/2020)
4/23/2020
  • Motion
MOTION(S) NO LONGER REFERRED as to Shawn Whitcomb: 222 MOTION to File Under Seal Exhibit A re: 218 MOTION to Revoke Detention Order and MOTION for Release from Custody, 218 MOTION to Revoke Detention Order and MOTION for Release from Custody. (law) (Entered: 04/23/2020)
4/23/2020EXHIBIT LIST as to Krystal Whitcomb: Motion Hearing via Teleconference held on 4/23/2020. (jbr) (Entered: 04/23/2020)
4/23/2020235MINUTE ENTRY for proceedings held before Judge Christina Reiss: Motion Hearing via Telephone as to Krystal Whitcomb held on 4/23/2020 re 200 EMERGENCY MOTION for Reconsideration of Detention Order Based on COVID-19 Pandemic and Excessive Charging Delay. Present on the telephone: Wendy Fuller, AUSA, Michael Straub, Esq., David Hoose, Esq.,Mary Seller, from the USPO, and the dft. Court makes findings re: the need for an emergency telephone hearing. The court accepts the dft's waiver to appear by teleconference. Court makes inquiries. Statements by counsel and dft. Gov't moves to admit exhibits 1-26. ORDERED: 1-26 admitted with the exception of exhibit 18. Court finds Motion 200 EMERGENCY MOTION for Reconsideration of Detention Order Based on COVID-19 Pandemic and Excessive Charging Delay denied without prejudice on the basis of due process. Court grants the EMERGENCY MOTION 200 based on other factors stated on the record. Dft will be released on COR subject to placement at a residential treatment facility. (Court Reporter: Johanna Masse) (jbr) (Entered: 04/23/2020)
4/23/2020NOTICE OF DOCKET ENTRY CORRECTION as to John Welch re: 228 Response in Opposition to Motion. The exhibit list was omitted at the time of filing. It is now attached to 228 and this entry. (law) (Entered: 04/23/2020)
4/23/2020NOTICE OF DOCKET ENTRY CORRECTION as to Krystal Whitcomb re: 227 Response in Opposition to Motion. The exhibit list was omitted at the time of filing. It is now attached to 227 and this entry. (law) (Entered: 04/23/2020)
4/23/2020SUPPLEMENTAL DOCUMENT(S) by John Welch re: 208 EMERGENCY MOTION for Release from Custody . (Attachments: # 1 Exhibit F, # 2 Certificate of Service)(Behrens, Robert) (Entered: 04/23/2020)
4/23/2020231NOTICE OF DOCKET ENTRY UPDATE as to Krystal Whitcomb re: 200 EMERGENCY MOTION for Reconsideration of Detention Order Based on COVID-19 Pandemic and Excessive Charging Delay. Exhibit 5 having been received, is now attached to 200 under seal. (law) (Entered: 04/23/2020)
4/23/2020SUPPLEMENTAL DOCUMENT(S) by Krystal Whitcomb re: 200 EMERGENCY MOTION for Reconsideration of Detention Order Based on COVID-19 Pandemic and Excessive Charging Delay. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Straub, Michael) (Entered: 04/23/2020)
4/23/2020TRANSCRIPT of Telephone Conference hearing as to Krystal Whitcomb, Shawn Whitcomb, Michael Anthony Hayes, John Welch, Alicia Whitcomb, Brandon Darling held on 4/2/2020 before Judge Christina Reiss. Court Reporter/Transcriber Johanna Masse, telephone number 802-951-8102. 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 5/18/2020. Redacted Transcript Deadline set for 5/29/2020. Release of Transcript Restriction set for 7/27/2020. (jbr) (Entered: 04/23/2020)
4/22/2020RESPONSE in Opposition to 208 EMERGENCY MOTION for Release from Custody by USA as to John Welch. (Fuller, Wendy) (Additional attachment(s) added on 4/23/2020: # 1 Exhibit List) (law). (Entered: 04/22/2020)
4/22/2020
  • Motion for Reconsideration
RESPONSE in Opposition to 200 EMERGENCY MOTION for Reconsideration of Detention Order Based on COVID-19 Pandemic and Excessive Charging Delay by USA as to Krystal Whitcomb. (Fuller, Wendy) (Additional attachment(s) added on 4/23/2020: # 1 Exhibit List) (law). (Entered: 04/22/2020)
4/22/2020TRANSCRIPT of Status Conference hearing as to Krystal Whitcomb held on 9/27/2019 before Judge Christina Reiss. Court Reporter/Transcriber Johanna Masse, telephone number 802-951-8102. 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 5/18/2020. Redacted Transcript Deadline set for 5/29/2020. Release of Transcript Restriction set for 7/24/2020. (jbr) Date of hearing clarified on 4/23/2020 (law). (Entered: 04/22/2020)
4/22/2020
  • Motion
MOTION(S) REFERRED to Magistrate Judge John M. Conroy as to Brandon Darling : 225 MOTION for Review of Detention Order and REQUEST for an Order that the Essex County Jail Allow Valley Vista to Conduct an Intake Interview (kp) (Entered: 04/22/2020)
4/22/2020
  • Motion
MOTION for Review of Detention Order and REQUEST for an Order that the Essex County Jail Allow Valley Vista to Conduct an Intake Interview by Brandon Darling. (Attachments: # 1 Proposed Order, # 2 Certificate of Service)(Kehoe, Mary). Added MOTION for Order on 4/22/2020 (law). Mo (Entered: 04/22/2020)
4/22/2020NOTICE OF DOCKET ENTRY CORRECTION as to John Welch re: 220 Supplemental Document. The main document was not included at the time of filing and has since been added. All documents are now attached to 220 and this entry. (Attachments: # 1 Exhibit E, # 2 Certificate of Service) (law) (Entered: 04/22/2020)
4/21/2020223
  • Order
ORDER as to Shawn Whitcomb (2): On or before 4/28/2020, the United States shall file a response to Defendant's 218 MOTION to Revoke Detention Order and MOTION for Release from Custody. (This is a text-only Order.) Signed by Judge John M. Conroy on 4/21/2020. (hbc) (Entered: 04/21/2020)
4/21/2020
  • Motion to File
MOTION to File Under Seal Exhibit A re: 218 MOTION to Revoke Detention Order and MOTION for Release from Custody by Shawn Whitcomb. (kp) (Entered: 04/21/2020)
4/21/2020221NOTICE OF DOCKET ENTRY UPDATE as to Shawn Whitcomb re: 218 MOTION to Revoke Detention Order and MOTION for Release from Custody. Exhibit A having been received, is now attached to 218 under seal. (law) (Entered: 04/21/2020)
4/21/2020SUPPLEMENTAL DOCUMENT(S) by John Welch re: 208 EMERGENCY MOTION for Release from Custody . (Attachments: # 1 Exhibit E)(Behrens, Robert) (Main Document 220, Attachment 1 replaced on 4/22/2020; Additional attachment(s) added on 4/22/2020: # 2 Certificate of Service) (law). (Entered: 04/21/2020)
4/21/2020219MINUTE ENTRY for proceedings held before Judge John M. Conroy: Motion Hearing via telephone as to Michael Anthony Hayes (3) held on 4/21/2020 re 196 EMERGENCY MOTION for Release from Custody. Present by telephone are AUSA Wendy Fuller for the gov't, Atty Thomas Sherrer for deft, and deft from Northeast Regional Correctional Facility. Arguments by counsel. Court makes findings. ORDERED: Motion is DENIED. Deft to remain detained pending trial. Deft advised of right to appeal. (Court Reporter: Recorded) (hbc) Text modified on 4/21/2020. (hbc) (Entered: 04/21/2020)
4/21/2020
  • Motion
MOTION to Revoke Detention Order and MOTION for Release from Custody by Shawn Whitcomb. (Carleton, Ian). Added MOTION for Release from Custody on 4/21/2020 (law). (Additional attachment(s) added on 4/21/2020: # 1 Exhibit A (document is sealed)) (law). (Entered: 04/21/2020)
4/21/2020217
  • Motion to Extend Time to File ResponseDenied
ORDER DENYING 215 Motion for Extension of Time to File Response/Reply re: 208 EMERGENCY MOTION for Release from Custody as to John Welch (4). No hearing transcript is necessary as the court considers the evidence de novo. Signed by Judge Christina Reiss on 4/21/2020. (This is a text-only Order.) (ejh) (Entered: 04/21/2020)
4/21/2020216
  • Motion to Extend Time to File ResponseDenied
ORDER DENYING 213 Motion for Extension of Time to File Response/Reply and Motion to Continue as to Krystal Whitcomb (1). No hearing transcript is necessary as the court considers the evidence de novo. Signed by Judge Christina Reiss on 4/21/2020. (ejh) (Entered: 04/21/2020)
4/21/2020
  • Motion to Extend Time to File Response
MOTION for Extension of Time to File Response/Reply re: 208 EMERGENCY MOTION for Release from Custody and MOTION to Continue Hearing by USA as to John Welch. (Fuller, Wendy). Added MOTION to Continue on 4/21/2020 (law). (Entered: 04/21/2020)
4/21/2020SUPPLEMENTAL DOCUMENT(S) by Michael Anthony Hayes re: 196 EMERGENCY MOTION for Release from Custody. (Attachments: # 1 CDC Risk Factors, # 2 Certificate of Service)(Sherrer, Thomas) (Entered: 04/21/2020)
4/20/2020
  • Motion to Extend Time to File Response
MOTION for Extension of Time to File Response/Reply re: 200 EMERGENCY MOTION for Reconsideration of Detention Order Based on COVID-19 Pandemic and Excessive Charging Delay and MOTION to Continue Hearing by USA as to Krystal Whitcomb. (Fuller, Wendy). Added MOTION to Continue on 4/21/2020 (law). (Entered: 04/20/2020)
4/17/2020RESPONSE in Opposition to 196 EMERGENCY MOTION for Release from Custody by USA as to Michael Anthony Hayes. (Fuller, Wendy) (Entered: 04/17/2020)
4/17/2020NOTICE OF HEARING as to John Welch re: 208 EMERGENCY MOTION for Release from Custody. Motion Hearing via Telephone set for 4/23/2020 02:00 PM before Judge Christina Reiss.(jbr) (Entered: 04/17/2020)
4/17/2020CONSENT to Participate in Hearing Via Teleconference at Motion Hearing scheduled for 4/23/2020 at 2:00 P.M. as to John Welch. Signed by Judge Christina Reiss on 4/17/2020. (kp) (Entered: 04/17/2020)
4/16/2020NOTICE OF HEARING as to Michael Anthony Hayes (3) re: 196 EMERGENCY MOTION for Release from Custody: Motion Hearing via telephone set for 4/21/2020 at 1:00 PM in Burlington Courtroom 440 before Judge John M. Conroy. (hbc) (Entered: 04/16/2020)
4/16/2020
  • Motion
EMERGENCY MOTION for Release from Custody by John Welch. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Certificate of Service)(Behrens, Robert) (Attachments 1, 2 and 3 replaced on 4/29/2020) (law). (Entered: 04/16/2020)
4/16/2020207NOTICE OF DOCKET ENTRY UPDAE as to Krystal Whitcomb re: 200 EMERGENCY MOTION for Reconsideration of Detention Order Based on COVID-19 Pandemic and Excessive Charging Delay. Exhibit 4 having been received, is now attached to 200 under seal. (law) (Entered: 04/16/2020)
4/16/2020CONSENT to Participate in Hearing Via Teleconference at Motion Hearing scheduled for 4/23/2020 at 10:00 A.M. as to Krystal Whitcomb. Signed by Judge Christina Reiss on 4/16/2020. (kp) (Entered: 04/16/2020)
4/15/2020NOTICE OF DOCKET ENTRY CORRECTION as to Krystal Whitcomb re: 200 EMERGENCY MOTION for Reconsideration of Detention Order Based on COVID-19 Pandemic and Excessive Charging Delay. Exhibits 1, 2 and 3 have been replaced to remove the illegible duplicate pdf headers. The corrected documents are now attached to 200 and this entry. (Attachments: # 1 Exhibit 2, # 2 Exhibit 3) (law) (Entered: 04/15/2020)
4/15/2020NOTICE OF HEARING as to Krystal Whitcomb re: 200 EMERGENCY MOTION for Reconsideration of Detention Order Based on COVID-19 Pandemic and Excessive Charging Delay. Motion Hearing via Telephone set for 4/23/2020 at 10:00 AM before Judge Christina Reiss.(jbr) Text clarified on 4/15/2020 (law). (Entered: 04/15/2020)
4/15/2020203
  • Motion to FileGranted
ORDER GRANTING 201 Motion to File Exhibit Under Seal Exhibits 4 and 5 re: 200 EMERGENCY MOTION for Reconsideration of Detention Order Based on COVID-19 Pandemic and Excessive Charging Delay as to Krystal Whitcomb (1). Signed by Judge Christina Reiss on 4/15/2020. (This is a text-only Order.) (ejh) (Entered: 04/15/2020)
4/15/2020202
  • Order
ORDER as to Michael Anthony Hayes (3): On or before 4/17/2020 the United States shall file a Response to 196 EMERGENCY MOTION for Release from Custody. (This is a text-only Order.) Signed by Judge John M. Conroy on 4/15/2020. (hbc) (Entered: 04/15/2020)
4/14/2020
  • Motion to File
MOTION to File Under Seal Exhibits 4 and 5 200 EMERGENCY MOTION for Reconsideration of Detention Order Based on COVID-19 Pandemic and Excessive Charging Delay by Krystal Whitcomb . (Straub, Michael) Link added on 4/15/2020 (law). (Entered: 04/14/2020)
4/14/2020
  • Motion for Reconsideration
EMERGENCY MOTION for Reconsideration of Detention Order Based on COVID-19 Pandemic and Excessive Charging Delay by Krystal Whitcomb. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Straub, Michael) (Attachment 1, 2 and 3 replaced on 4/15/2020) (law). (Additional attachment(s) added on 4/16/2020: # 4 Exhibit 4 (document is sealed)) (law). (Additional attachment(s) added on 4/23/2020: # 5 Exhibit 5 ( document is sealed)) (law). (Entered: 04/14/2020)
4/14/2020SUPPLEMENTAL DOCUMENT(S) by Michael Anthony Hayes re: 196 EMERGENCY MOTION for Release from Custody. (Attachments: # 1 Certificate of Service)(Sherrer, Thomas) (Entered: 04/14/2020)
4/8/2020197
  • Order
ORDER as to Michael Anthony Hayes (3): Counsel for Defendant shall file a certification of compliance with D. Vt. Local Rule 7(a)(7) with respect to re 196 Emergency Motion for Release from Custody as soon as practicable. (This is a text-only Order.) Signed by Judge John M. Conroy on 4/8/2020. (eh) Text clarified on 4/14/2020. (hbc) (Entered: 04/08/2020)
4/7/2020
  • Motion
EMERGENCY MOTION for Release from Custody by Michael Anthony Hayes. (Attachments: # 1 Certificate of Service)(Sherrer, Thomas) Event/text clarified on 4/7/2020 (law). (Entered: 04/07/2020)
4/6/2020NOTICE OF HEARING as to Krystal Whitcomb, Shawn Whitcomb, Michael Anthony Hayes, John Welch, Alicia Whitcomb, Brandon Darling: Telephone Conference set for 4/30/2020 at 01:00 PM in Burlington Courtroom 542 before Judge Christina Reiss.(jbr) (Entered: 04/06/2020)
4/2/2020194MINUTE ENTRY for proceedings held before Judge Christina Reiss: Telephone Conference as to Krystal Whitcomb, Shawn Whitcomb, Michael Anthony Hayes, John Welch, Alicia Whitcomb, Brandon Darling held on 4/2/2020. John Boscia, AUSA, and Wendy Fuller, AUSA, present for gov't. David Hoose, Esq., and Michael Straub, Esq., present for dft Krystal Whitcomb, Ian Carleton, Esq., Kenneth Montgomery, Esq., and Alex Nelson, Esq., present for Shawn Whitcomb, Thomas Sherrer, Esq., present for Michael Hayes. Jean deSales Barrett, Esq., and Robert Behrens, Esq., present for John Welch. David Watts, Esq., present for Alicia Whitcomb. Mary Kehoe, Esq., present for Brandon Darling. Court makes inquiries. Statements by counsel. ORDERED: court will schedule a telephone status conference in 30 days. (Court Reporter: Johanna Masse) (jbr) (Entered: 04/02/2020)
3/30/2020ORDER granting 189 Motion for Extension of Time to File Pretrial Motions (unopposed) filed by Krystal Whitcomb (1). Pretrial motions now due 4/30/2020. Signed by Judge Christina Reiss on 3/26/2020. (kp) Re-entered on 3/31/2020 to include co-defts) (law) (Entered: 03/31/2020)
3/25/2020NOTICE OF HEARING as to Krystal Whitcomb, Shawn Whitcomb, Michael Anthony Hayes, John Welch, Alicia Whitcomb, Brandon Darling: Telephone Conference set for 4/2/2020 at 11:00 AM in Burlington Courtroom 542 before Judge Christina Reiss.(jbr) (Entered: 03/25/2020)
3/23/2020191
  • Motion for JoinderGranted
ORDER GRANTING 190 Motion for Joinder as to 189 MOTION for Extension of Time to File Pretrial Motions (Unopposed) Krystal Whitcomb (1), John Welch (4). Signed by Judge Christina Reiss on 3/23/2020. (This is a text-only Order.) (ejh) Re-entered on 3/23/2020 to include co-defendant. (law) (Entered: 03/23/2020)
3/23/2020
  • Motion for Joinder
MOTION for Joinder as to 189 MOTION for Extension of Time to File Pretrial Motions (Unopposed) by John Welch as to Krystal Whitcomb, John Welch. (Attachments: # 1 Certificate of Service) (Behrens, Robert) Re-entered on 3/23/2020 to include co-defendant.) (law) (Entered: 03/23/2020)
3/20/2020MOTION for Extension of Time to File Pretrial Motions (Unopposed) by Krystal Whitcomb. (Attachments: # 1 Proposed Order)(Straub, Michael) (Entered: 03/20/2020)
2/28/2020NOTICE OF APPEARANCE by Jean deSales Barrett, Esq appearing for John Welch .(Barrett, Jean) (Entered: 02/28/2020)
2/25/2020ORDER granting in part 169 Motion for Extension of Time to File Pretrial Motions as to Krystal Whitcomb (1). Pretrial motions are now due 3/31/2020. Signed by Judge Christina Reiss on 2/25/2020. (kp) (Entered: 02/25/2020)
2/21/2020185ORDER GRANTING IN PART AND DENYING IN PART 169 and 180 Defendants' Motions for Extension of Time to File Pretrial Motions file by Kristen Whitcomb, Shawn Whitcomb. The pretrial motions deadline shall be extended until March 31, 2020. If the government decides to pursue the death penalty as a potential penalty, Defendants may petition to have the pretrial motions period re-opened and that motion shall be granted. Defendants have not persuasively argued that any pretrial motions pertaining to the present Indictment must be postponed until that determination is made. Defendants are ORDERED to submit a proposed Speedy Trial Act exclusion order. Signed by Judge Christina Reiss on 2/21/2020. (This is a text-only Order.) (ejh) (Entered: 02/21/2020)
2/20/2020184
  • Motion for JoinderGranted
ORDER GRANTING 183 Motion for Joinder of Co-Defendants Krystal Whitcomb's and Shawn Whitcomb's 169 , 180 Motions for Extensions of Time to File Pretrial Motions as to Krystal Whitcomb (1), Shawn Whitcomb (2), John Welch (4). Signed by Judge Christina Reiss on 2/20/2020. (This is a text-only Order.) (ejh) Re-Entered to include co-defendants on 02/20/2020 (jlh) (Entered: 02/20/2020)
2/19/2020
  • Motion for Joinder
MOTION for Joinder as to 169 MOTION for Extension of Time to File Pretrial Motions, 180 MOTION for Extension of Time to File Pretrial Motions by John Welch as to Krystal Whitcomb, Shawn Whitcomb, John Welch. (Attachments: # 1 Proposed Order, # 2 Certificate of Service) (Behrens, Robert) (re-entered to include co-defendants) (law) (Entered: 02/20/2020)
2/13/2020CJA 20: Appointment of Jean deSales Barrett, Esq. (substituting Michael Desautels, FPD) as to John Welch. Signed by Deputy Clerk on 2/13/2020. (law) (Entered: 03/18/2020)
2/13/2020RESPONSE in Opposition to 169 MOTION for Extension of Time to File Pretrial Motions, 180 MOTION for Extension of Time to File Pretrial Motions by USA as to Krystal Whitcomb, Shawn Whitcomb. (Fuller, Wendy) (Entered: 02/13/2020)
2/12/2020 MOTION for Extension of Time to File Pretrial Motions by Shawn Whitcomb. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Proposed Order)(Carleton, Ian) (Entered: 02/12/2020)
2/12/2020NOTICE OF HEARING as to Krystal Whitcomb, Shawn Whitcomb, Michael Anthony Hayes, John Welch, Alicia Whitcomb, Brandon Darling: Status Conference (Attorneys only) set for 3/24/2020 at 02:30 PM in Burlington Courtroom 542 before Judge Christina Reiss.(jbr) (Entered: 02/12/2020)
2/11/2020ORDER granting 168 Motion for Extension of Time to File Pretrial Motions as to Alicia Whitcomb (5). Signed by Judge Christina Reiss on 2/11/2020.(kp) Re-entered on 02/12/2020 to applicable defendant cases) (jlh) (Entered: 02/12/2020)
2/11/2020
  • Order
ORDER Setting Conditions of Release as to Alicia Whitcomb (5). Signed by Judge John M. Conroy on 2/11/2020. (hbc) (Entered: 02/11/2020)
2/11/2020175MINUTE ENTRY for proceedings held before Judge John M. Conroy: Motion Hearing as to Alicia Whitcomb (5) held on 2/11/2020 re 163 MOTION for Review of 145 Order of Detention. John Boscia, AUSA present for the gov't and deft present with Atty Paul Volk. Statements by counsel, gov't, deft, and Court. Court reviews conditions of release and advises deft of penalties and sanctions. ORDERED: Motion is granted. Deft to be released on PR with conditions to proceed directly to residential treatment. (Court Reporter: Recorded) (hbc) (Entered: 02/11/2020)
2/6/2020 MOTION for Extension of Time to File Pretrial Motions by Krystal Whitcomb. (Attachments: # 1 Proposed Order) (Straub, Michael) (Re-entered on 2/7/2020 to remove from co-defendants case) (law) (Entered: 02/07/2020)
2/4/2020UNOPPOSED MOTION for Extension of Time to File Pretrial Motions by Alicia Whitcomb. (Attachments: # 1 Proposed Order)(Watts, David) (Entered: 02/04/2020)
2/3/2020NOTICE OF HEARING as to Alicia Whitcomb (5) re: 163 MOTION for Review of 145 Order of Detention: Motion Hearing set for 2/11/2020 at 2:30 PM in Burlington Courtroom 440 before Judge John M. Conroy. (hbc) (Entered: 02/03/2020)
1/30/2020SUPPLEMENTAL DOCUMENT re: 163 MOTION for Review of 145 Order of Detention by Alicia Whitcomb. (Watts, David) Event/Text clarified on 1/30/2020 (jlh) (Entered: 01/30/2020)
1/29/2020165
  • Order
ORDER as to Alicia Whitcomb (5): On or before 2/14/2020 Counsel for Alicia Whitcomb shall comply with D. Vt. L.R. 7(a)(7) with respect to the 163 Motion for Review of 145 Order of Detention. (This is a text-only Order.) Signed by Judge John M. Conroy on 1/29/2020. (eh) (Entered: 01/29/2020)
1/29/2020
  • Motion
MOTION(S) REFERRED to Magistrate Judge John M. Conroy as to Alicia Whitcomb : 163 MOTION for Review of 145 Order of Detention. (kp) (Entered: 01/29/2020)
1/29/2020
  • Motion
MOTION for Review of 145 Order of Detention by Alicia Whitcomb. (Watts, David) (Entered: 01/29/2020)
1/9/2020
  • Order
ORDER Appointing FPD for John Welch. Signed by Deputy Clerk on 1/9/2020. (kp) Text clarified on 1/13/2020 (law). (Entered: 01/10/2020)
1/7/2020
  • Order
ORDER OF DETENTION as to Brandon Darling (6). Signed by Judge John M. Conroy on 1/7/2020. (hbc) (Entered: 01/07/2020)
1/7/2020155MINUTE ENTRY for proceedings held before Judge John M. Conroy: Continuation of Motion Hearing as to Brandon Darling (6) held on 1/7/2020 re 150 EX PARTE MOTION for Revocation of Release. Wendy Fuller, AUSA present for the gov't and deft present with Atty Mary Kehoe. Court reviews allegations. Deft admits to violations. Arguments by counsel. Court makes findings. ORDERED: Motion is granted. Order Setting Conditions of Release is vacated and deft is remanded to the custody of the US Marshal to be detained pending trial. (Court Reporter: Recorded) (hbc) (Entered: 01/07/2020)
1/3/2020ARREST WARRANT RETURNED executed on 12/31/2019 as to Brandon Darling.(kp) (Entered: 01/06/2020)
1/2/2020153MINUTE ENTRY for proceedings held before Judge John M. Conroy: Motion Hearing as to Brandon Darling (6) held on 1/2/2020 re 150 EX PARTE MOTION for Revocation of Release. Wendy Fuller, AUSA present for the gov't and deft present with Atty Mary Kehoe. Court makes inquiries. Counsel requests a continuance to the date and time originally set for the hearing on violations of pretrial release. ORDERED: Deft remanded to the custody of the US Marshal to be detained pending continuance of hearing on 1/7/2020 at 1:00 PM in Burlington Courtroom 440 before Judge John M. Conroy. (Court Reporter: Recorded) (hbc) (Entered: 01/02/2020)
1/2/2020UNSEALED Document as to Brandon Darling (6): 150 EX PARTE MOTION for Revocation of Release pursuant to notification of defendant's arrest. (hbc) (Entered: 01/02/2020)
12/27/2019
  • Motion
EX PARTE MOTION for Revocation of Release by USA as to Brandon Darling. (pac) Unsealed on 1/2/2020. (hbc) (Entered: 12/27/2019)
12/18/2019NOTICE OF HEARING as to Brandon Darling (6): Hearing on Violation Report on Defendant Under Pretrial Release Supervision dated December 17, 2019 set for 1/7/2020 1:00 PM in Burlington Courtroom 440 before Judge John M. Conroy. (hbc) (Entered: 12/18/2019)
12/16/2019146
  • Motion for JoinderGranted
ORDER GRANTING 138 Motion for Joinder of Motion for Extension of Time to File Pretrial Motions as to Brandon Darling (6). Signed by Judge Christina Reiss on 12/16/2019. (This is a text-only Order.) (ejh) (Entered: 12/16/2019)
12/13/2019
  • Order
ORDER OF DETENTION as to Alicia Whitcomb (5). Signed by Judge John M. Conroy on 12/13/2019. (eh) (Entered: 12/13/2019)
12/13/2019144MINUTE ENTRY for proceedings held before Judge John M. Conroy: Hearing on Violation Report on Defendant Under Pretrial Release Supervision dated December 6, 2019 as to Alicia Whitcomb (5) held on 12/13/2019. Wendy Fuller, AUSA, present for gov't. David Watts, Esq., present with dft. Court summarizes the allegations and deft admits to violations. Statements by gov't and counsel. Court makes findings. ORDERED: Order Setting Conditions of Release is vacated and deft is remanded to the custody of the USMS pending further proceedings. (Court Reporter: Recorded) (eh) (Entered: 12/13/2019)
12/12/2019
  • OrderGranted
ORDER granting 137 First Unoppopsed Motion for Extension of Time to File Pretrial Motions filed by John Welch (4). Pretrial Motions due 2/6/2020. Signed by Judge Christina Reiss on 12/12/2019. (pac) (Entered: 12/12/2019)
12/10/2019142NOTICE OF DOCKET ENTRY REMOVAL as to Shawn Whitcomb: Document 141 has been removed from the docket as entered in the incorrect case. (law) (Entered: 12/10/2019)
12/10/2019Entry removed from the docket. (Entered: 12/10/2019)
12/9/2019NOTICE OF HEARING as to Alicia Whitcomb (5): Hearing on Violation Report on Defendant Under Pretrial Release Supervision dated December 6, 2019 set for 12/13/2019 11:30 AM in Burlington Courtroom 440 before Judge John M. Conroy. (hbc) (Entered: 12/09/2019)
12/8/2019 MOTION for Extension of Time to File Pretrial Motions by Brandon Darling. (Attachments: # 1 Certificate of Service)(Kehoe, Mary) (Entered: 12/08/2019)
12/6/2019FIRST UNOPPOSED MOTION for Extension of Time to File Pretrial Motions by John Welch. (Attachments: # 1 Proposed Order, # 2 Certificate of Service) (Behrens, Robert) (re-entered on 12/9/2019 to remove motion from co-defts) (law) (Entered: 12/09/2019)
12/2/2019CJA 20: Appointment of Kenneth J. Montgomery, Esq for Shawn Whitcomb. Signed by Deputy Clerk on 12/2/2019. (law) (Entered: 12/05/2019)
9/30/2019WAIVER of Personal Appearance at Arraignment and Entry of Plea of Not Guilty by Shawn Whitcomb (2). Signed by Judge John M. Conroy on 9/30/2019. (hbc) (Entered: 09/30/2019)
9/30/2019127MINUTE ENTRY for proceedings held before Judge John M. Conroy: Arraignment on Third Superseding Indictment as to Shawn Whitcomb (2) held on 9/30/2019. Wendy Fuller, AUSA present for the gov't and Attys Ian Carleton and Alexandrea Nelson present on behalf of deft. Deft waives appearance; waiver submitted and approved by the Court. Court enters pleas of not guilty to Count 2sss,7sss,8sss-12sss on behalf of deft. Court informs counsel of current pretrial motions deadline and speedy-trial exclusions previously applied. Deft agrees to deadline and exclusions. ORDERED: Current Pretrial Motions deadline of 12/12/2019 remains. (Court Reporter: Recorded) (hbc) (Entered: 09/30/2019)
9/27/2019126MINUTE ENTRY for proceedings held before Judge Christina Reiss: Status Conference as to Krystal Whitcomb held on 9/27/2019. Wendy Fuller, AUSA, present for gov't. Michael Straub, Esq., present for dft. Court makes inquiries. Statements by counsel. (Court Reporter: Johanna Masse) (jbr) (Entered: 09/30/2019)
9/27/2019125MINUTE ENTRY for proceedings held before Judge John M. Conroy: Arraignment on Third Superseding Indictment as to Michael Anthony Hayes (3) held on 9/27/2019. John Boscia, AUSA present for the gov't and deft present with Atty Thomas Sherrer. Gov't identifies changes from Second Superseding Indictment. Deft sworn and Court makes inquiries. Court summarizes relevant counts. Deft waives a full reading and enters pleas of not guilty to Count 3s,4s,5s,6s,15s. Court informs counsel of current pretrial motions deadline and speedy-trial exclusions previously applied. Deft agrees to deadline and exclusions. ORDERED: Current Pretrial Motions deadline of 12/12/2019 remains. (Court Reporter: Recorded) (hbc) (Entered: 09/27/2019)
9/25/2019
  • Order
ORDER Setting Conditions of Release as to Brandon Darling (6). Deft to be released on PR with conditions once treatment bed becomes available. Signed by Judge John M. Conroy on 9/25/2019. (hbc) (Entered: 09/25/2019)
9/25/2019123MINUTE ENTRY for proceedings held before Judge John M. Conroy: Detention Hearing as to Brandon Darling (6) held on 9/25/2019. Wendy Fuller, AUSA present for the gov't and deft present with Atty Mary Kehoe. Statements by counsel, deft, and Court. Court reviews conditions of release and advises deft of penalties and sanctions. ORDERED: 103 MOTION for Detention is denied. Deft to be released on PR with conditions once treatment bed becomes available. (Court Reporter: Recorded) (hbc) (Entered: 09/25/2019)
9/23/2019
  • Order
ORDER RESCHEDULING A DETENTION HEARING as to Brandon Darling (6). Detention Hearing reset for 9/25/2019 at 11:00 AM in Burlington Courtroom 440 before Judge John M. Conroy. Signed by Judge John M. Conroy on 9/23/2019. (hbc) (Entered: 09/23/2019)
9/20/2019121
  • Motion to Continue HearingGranted
ORDER granting 120 UNOPPOSED MOTION to Continue Detention Hearing as to Brandon Darling (6). Signed by Judge John M. Conroy on 9/20/2019. (This is a text-only Order.) (eh) (Entered: 09/20/2019)
9/20/2019
  • Motion to Continue Hearing
UNOPPOSED MOTION to Continue Detention Hearing by Brandon Darling. (Attachments: # 1 Certificate of Service) (Kehoe, Mary) Text clarified on 9/23/2019 (hbc). (Entered: 09/20/2019)
9/20/2019REVISED NOTICE OF HEARING as to Shawn Whitcomb (2): Arraignment on Third Superseding Indictment (by waiver) reset for 9/30/2019 at 2:00 PM in Burlington Courtroom 440 before Judge John M. Conroy. (hbc) (Entered: 09/20/2019)
9/20/2019NOTICE OF HEARING as to Shawn Whitcomb (2): Arraignment on Third Superseding Indictment (by waiver) set for 9/26/2019 at 10:00 AM in Burlington Courtroom 440 before Judge John M. Conroy. (hbc) (Entered: 09/20/2019)
9/19/2019WAIVER of Personal Appearance at Arraignment and Entry of Plea of Not Guilty by Krystal Whitcomb (1). Signed by Judge John M. Conroy on 9/19/2019. (hbc) (Entered: 09/20/2019)
9/19/2019116MINUTE ENTRY for proceedings held before Judge John M. Conroy: Arraignment on Third Superseding Indictment as to Krystal Whitcomb (1) held on 9/19/2019. Wendy Fuller, AUSA present for the gov't Atty Michael Straub present for deft. Deft waives appearance; waiver submitted and approved by the Court. Court enters pleas of not guilty to Count 1sss,2sss,3sss,6sss,13sss on behalf of deft. Court informs counsel of current pretrial motions deadline and speedy-trial exclusions previously applied. Deft agrees to deadline and exclusions. ORDERED: Pretrial Motions deadline of 12/12/2019 remains. (Court Reporter: Recorded) (hbc) (Entered: 09/20/2019)
9/18/2019
  • Order
ORDER RESCHEDULING A DETENTION HEARING as to Brandon Darling (6). Detention Hearing reset to 9/23/2019 at 11:00 AM in Burlington Courtroom 440 before Judge John M. Conroy. Signed by Judge John M. Conroy on 9/18/2019. (hbc) (Entered: 09/18/2019)
9/18/2019114
  • Motion to Continue HearingGranted
ORDER as to Brandon Darling (6) granting 113 MOTION to Continue Detention Hearing. Signed by Judge John M. Conroy on 9/18/2019. (hbc) (Entered: 09/18/2019)
9/18/2019
  • Motion to Continue Hearing
MOTION to Continue Dentention Hearing by Brandon Darling. (Attachments: # 1 Certificate of Service)(Kehoe, Mary) (Entered: 09/18/2019)
9/17/2019NOTICE OF HEARING as to Michael Anthony Hayes (3): Arraignment on Third Superseding Indictment set for 9/27/2019 at 10:30 AM in Burlington Courtroom 440 before Judge John M. Conroy. (hbc) (Entered: 09/17/2019)
9/17/2019NOTICE OF HEARING as to Krystal Whitcomb (1): Arraignment on Third Superseding Indictment (by waiver) set for 9/19/2019 at 11:00 AM in Burlington Courtroom 440 before Judge John M. Conroy. (hbc) (Entered: 09/17/2019)
9/16/2019
  • Order
ORDER SCHEDULING A DETENTION HEARING as to Brandon Darling (6). Detention Hearing set for 9/18/2019 at 3:00 PM in Burlington Courtroom 440 before Judge John M. Conroy. Signed by Judge John M. Conroy on 9/16/2019. (hbc) (Entered: 09/17/2019)
9/16/2019
  • Order
ORDER Setting Conditions of Release as to Alicia Whitcomb (5). Signed by Judge John M. Conroy on 9/16/2019. (hbc) (Entered: 09/17/2019)
9/16/2019CRIMINAL PRETRIAL SCHEDULING ORDER as to Alicia Whitcomb (5) and Brandon Darling (6). Motions due by 12/12/2019. Time excluded from 9/16/2019 to 12/12/2019. Signed by Judge John M. Conroy on 9/16/2019. (hbc) (Entered: 09/17/2019)
9/16/2019CJA 23 Financial Affidavit as to Brandon Darling (6). (Document image is sealed) (hbc) (Entered: 09/17/2019)
9/16/2019CJA 23 Financial Affidavit as to Alicia Whitcomb (5). (Document image is sealed) (hbc) (Entered: 09/17/2019)
9/16/2019105MINUTE ENTRY for proceedings held before Judge John M. Conroy: Initial Appearance and Arraignment on Third Superseding Indictment as to Alicia Whitcomb (5) and Brandon Darling (6) held on 9/16/2019. Wendy Fuller, AUSA present for the gov't, deft Whitcomb present with Atty David Watts, and deft Darling present with Atty Mary Kehoe. Court informs defts of rights. Defts sworn and Court makes inquiries. Financial affidavits reviewed. Court reads relevant counts and deft Whitcomb enters pleas of not guilty to Count 2,5,16 and deft Darling enters pleas of not guilty to Count 5,16. Court informs counsel of current pretrial motions deadline and speedy-trial exclusions previously applied. Defts agrees to deadline and exclusions. As to deft Whitcomb, Court reviews conditions of release and advises deft of penalties and sanctions. Gov't moves for detention of deft Darling. The Court, on its own motion, continues detention hearing. ORDERED: Court appoints counsel on behalf of defts. Pretrial Motions to be filed by 12/12/2019. Deft Whitcomb to be released on PR with conditions. Deft Darling to be detained pending Detention Hearing set for 9/18/2019 at 3:00 PM in Burlington Courtroom 440 before Judge John M. Conroy. (Court Reporter: Recorded) (hbc) (Entered: 09/17/2019)
9/16/2019ARREST WARRANT RETURNED executed on 9/16/2019 as to Brandon Darling. (pac) (Entered: 09/16/2019)
9/16/2019
  • Motion
MOTION for Detention by USA as to Brandon Darling. (Fuller, Wendy) (Entered: 09/16/2019)
9/16/2019ARREST WARRANT RETURNED executed on 9/16/2019 as to Alicia Whitcomb. (pac) (Entered: 09/16/2019)
9/16/2019CJA 20: Appointment of David Watts, Esq for Alicia Whitcomb. Signed by Deputy Clerk on 9/16/2019. (law) (Entered: 09/16/2019)
9/16/2019CJA 20: Appointment of Mary P. Kehoe, Esq for Brandon Darling. Signed by Deputy Clerk on 9/16/2019. (law) (Entered: 09/16/2019)
9/13/2019
  • Order
ORDER OF DETENTION as to John Welch (4). Signed by Judge John M. Conroy on 9/13/2019. (hbc) (Entered: 09/16/2019)
9/13/2019EXHIBIT AND WITNESS LIST as to John Welch (4). (hbc) (Entered: 09/16/2019)
9/13/2019CRIMINAL PRETRIAL SCHEDULING ORDER as to John Welch (4). Motions due by 12/12/2019. Time excluded from 9/13/2019 to 12/12/2019. Signed by Judge John M. Conroy on 9/13/2019. (hbc) (Entered: 09/16/2019)
9/13/201998MINUTE ENTRY for proceedings held before Judge John M. Conroy: Arraignment on Third Superseding Indictment and Detention Hearing as to John Welch (4) held on 9/13/2019. Wendy Fuller, AUSA present for the gov't and deft present with Atty Robert Behrens. Deft sworn and Court makes inquiries. Court reads Counts 5,14 and deft enters pleas of not guilty. Statements by counsel re time required for filing pretrial motions. Court makes findings. Gov't moves for detention. Michael Owens, Dept. of Veterans Affairs sworn as witness for defendant. Examination by counsel. VSP Det. Sgt. Angela Baker sworn as witness for gov't. Examination by counsel. Court takes 15-minute recess to allow gov't to confirm contents of disc provided to counsel for deft. Court reconvenes. Examination of witness continues. Arguments by counsel. Court makes findings. ORDERED: Pretrial Motions to be filed by 12/12/2019. 97 MOTION for Detention is granted. Deft to be detained pending trial. (Court Reporter: Recorded) (hbc) Filed date corrected on 9/16/2019 (hbc). (Entered: 09/16/2019)
9/13/2019INDICTMENT UNSEALED as to Krystal Whitcomb, Shawn Whitcomb, Michael Anthony Hayes, John Welch, Alicia Whitcomb, Brandon Darling pursuant to arrest of defts Whitcomb and Darling. (law) (Entered: 09/13/2019)
9/13/2019
  • Motion
MOTION for Detention by USA as to John Welch. (Fuller, Wendy) (Entered: 09/13/2019)
9/12/2019REDACTED THIRD SUPERSEDING INDICTMENT as to Krystal Whitcomb, Shawn Whitcomb, Michael Anthony Hayes, John Welch. (pac) (Entered: 09/12/2019)
9/12/2019
  • Motion to SealGranted
ORDER granting 92 Motion to Partially Seal 91 Third Superseding Indictment and Arrest Warrants as to Krystal Whitcomb (1), Shawn Whitcomb (2), Michael Anthony Hayes (3), John Welch (4), Alicia Whitcomb (5), Brandon Darling (6). Sealed until the arrest of the defendants. Signed by Judge John M. Conroy on 9/12/2019. (pac) Unsealed on 9/13/2019 (law). (Entered: 09/12/2019)
9/12/2019
  • Motion to Seal
MOTION to Partially Seal 91 Third Superseding Indictment and Arrest Warrants by USA as to Krystal Whitcomb, Shawn Whitcomb, Michael Anthony Hayes, John Welch, Alicia Whitcomb, Brandon Darling. (pac) Unsealed on 9/13/2019 (law). (Entered: 09/12/2019)
9/12/2019THIRD SUPERSEDING INDICTMENT as to Krystal Whitcomb (1) count(s) 1sss, 2sss, 3sss, 6sss, 13sss, Shawn Whitcomb (2) count(s) 2sss, 7sss, 8sss-12sss, Michael Anthony Hayes (3) count(s) 3s, 4s, 5s, 6s, 15s, John Welch (4) count(s) 5, 14, Alicia Whitcomb (5) count(s) 2, 5, 16, Brandon Darling (6) count(s) 5, 16. (pac) (Entered: 09/12/2019)
9/6/2019CJA 20: Appointment of David Hoose, Esq for Krystal Whitcomb (nunc pro tunc 8/19/2019). Signed by Deputy Clerk on 9/6/2019. (law) (Entered: 09/06/2019)
8/28/2019NOTICE OF HEARING as to Krystal Whitcomb: Status Conference set for 9/27/2019 at 10:00 AM in Burlington Courtroom 542 before Judge Christina Reiss. (jbr) (Entered: 08/28/2019)
7/8/2019ENTRY ORDER Granting in Part and Denying in Part Government's 74 Motion for Designation as a Complex Case and to Continue Pursuant to the Speedy Trial Act as to Krystal Whitcomb (1), Shawn Whitcomb (2), Michael Anthony Hayes (3). The court GRANTS a three-month extension. At this juncture, a complex case designation is not warranted. Should the government decide to pursue additional charges, it may renew its request for a complex case designation. Signed by Judge Christina Reiss on 7/8/2019. (pac) (Entered: 07/08/2019)
6/24/2019NOTICE OF DOCKET ENTRY CORRECTION as to Krystal Whitcomb re: 83 Response in Opposition to 74 MOTION For Designation as a Complex Case and MOTION to Continue Pursuant to the Speedy Trial Act. The attachment has been replaced to remove duplicate headers. The corrected attachment is now attached to 83 as well as this entry. (jlh) (Entered: 06/24/2019)
6/19/2019RESPONSE in Opposition to 74 MOTION For Designation as a Complex Case and MOTION to Continue Pursuant to the Speedy Trial Act by Krystal Whitcomb. (Attachments: # 1 Exhibit 1)(Straub, Michael) (Attachment 1 replaced on 6/24/2019) (jlh). (Entered: 06/19/2019)
6/19/2019RESPONSE in Opposition to 74 MOTION For Designation as a Complex Case and MOTION to Continue Pursuant to the Speedy Trial Act by Shawn Whitcomb. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Carleton, Ian) (Entered: 06/19/2019)
6/10/2019ORDER granting 75 Third Motion for Extension of Time to File Pretrial Motions filed by Krystal Whitcomb (1). Pretrial Motions due seven (7) days after the court's Order on the government's 74 Motion for Complex Case Designation. Signed by Judge Christina Reiss on 6/7/2019. (pac) (Entered: 06/10/2019)
6/6/2019THIRD MOTION for Extension of Time to File Pretrial Motions Unopposed by Krystal Whitcomb. (Attachments: # 1 Proposed Order, # 2 Certificate of Service)(Straub, Michael) (Entered: 06/06/2019)
6/5/2019
  • Motion
MOTION For Designation as a Complex Case and MOTION to Continuance Pursuant to the Speedy Trial Act by USA as to Krystal Whitcomb, Shawn Whitcomb, Michael Anthony Hayes. (Fuller, Wendy). Added MOTION to Continue on 6/20/2019 (jlh). (Entered: 06/05/2019)
5/9/2019ORDER granting 72 Second Motion for Extension of Time to File Pretrial Motions (unopposed) filed by Krystal Whitcomb (1). Further extensions are unlikely absent compelling circumstances. Signed by Judge Christina Reiss on 5/9/2019. (pac) (Entered: 05/09/2019)
5/8/2019SECOND MOTION for Extension of Time to File Pretrial Motions (Unopposed) by Krystal Whitcomb. (Attachments: # 1 Proposed Order, # 2 Certificate of Service)(Straub, Michael) (Entered: 05/08/2019)
5/6/2019
  • Motion to Withdraw as Counsel
MOTION to Withdraw as Attorney by Krystal Whitcomb. (Attachments: # 1 Certificate of Service)(Leddy, Michael) (Attachments: # 1 Certificate of Service) (Re-Entered to only applicable defendant case)(jlh) (Entered: 05/08/2019)
5/6/201971
  • Motion to Withdraw as CounselGranted
ORDER GRANTING 70 Motion to Withdraw as Attorney as to Krystal Whitcomb (1). Signed by Judge Christina Reiss on 5/6/2019. (This is a text-only Order.) (ejh) (Entered: 05/06/2019)
4/25/201967
  • Motion for JoinderGranted
ORDER GRANTING 63 Motion to Join as to Krystal Whitcomb (1), Michael Anthony Hayes (3). Signed by Judge Christina Reiss on 4/9/2019. (This is a text-only Order.) (ejh) Re-entered on 4/25/19 to applicable defendant cases (Entered: 04/25/2019)
4/25/2019ENTRY ORDER re 62 Unopposed Motion for In Camera Review as to Shawn Whitcomb. The government is ORDERED to produce the affidavit with the noted additional disclosure within ten (10) days of this Order. Signed by Judge Christina Reiss on 4/25/2019. (pac) (Entered: 04/25/2019)
4/9/201964
  • OrderGranted
ORDER GRANTING 62 Unopposed Motion for In Camera Review as to Shawn Whitcomb (2). Signed by Judge Christina Reiss on 4/9/2019. (This is a text-only Order.) (ejh) (Entered: 04/15/2019)
4/9/2019ORDER granting 61 Unopposed Motion for Extension of Time to File Pretrial Motions filed by Krystal Whitcomb (1). Pretrial Motions due 5/8/2019. Signed by Judge Christina Reiss on 4/8/2019. (pac) (Entered: 04/09/2019)
4/9/201965
  • Order
ORDER directing the parties to submit the search warrant affidavit at issue in 62 Motion for In Camera Review by April 16, 2019 as to Shawn Whitcomb (This is a text-only Order.) Signed by Judge Christina Reiss on 4/9/2019. (ejh) (Entered: 04/09/2019)
4/8/2019
  • Motion for Joinder
MOTION to Join 61 UNOPPOSED MOTION for Extension of Time to File Pretrial Motions by Michael Anthony Hayes as to Krystal Whitcomb, Michael Anthony Hayes. (Attachments: # 1 Certificate of Service)(Sherrer, Thomas) Event/Text clarified on 4/9/2019 (jlh) Re-entered on 4/15/19 to remove from deft 2(jlh) (Entered: 04/15/2019)
4/8/2019
  • Motion
UNOPPOSED MOTION for In Camera Review by Shawn Whitcomb. (Attachments: # 1 Certificate of Service) (pac) (Entered: 04/08/2019)
4/8/2019UNOPPOSED MOTION for Extension of Time to File Pretrial Motions by Krystal Whitcomb. (Attachments: # 1 Proposed Order, # 2 Certificate of Service)(Straub, Michael) (Entered: 04/08/2019)
3/12/2019CJA 20: Appointment of Thomas J. Sherrer, Esq. (substitute for Frank J. Twarog, Esq.) for Michael Anthony Hayes. Signed by Deputy Clerk on 3/12/2019. (law) (Entered: 03/12/2019)
3/11/2019ATTORNEY UPDATE as to Michael Anthony Hayes. Attorney Frank J. Twarog, Esq. terminated pursuant to doc. 60. (pac) (Entered: 03/11/2019)
3/11/201960
  • Motion to Withdraw as CounselGranted
ORDER GRANTING 59 Motion to Withdraw as Attorney as to Michael Anthony Hayes (3). The Clerk's Office is directed to appoint substitute counsel for Defendant consistent with the District's CJA Plan. Signed by Judge Christina Reiss on 3/11/2019. (This is a text-only Order.) (ejh) (Entered: 03/11/2019)
3/10/2019
  • Motion to Withdraw as Counselby Δ
MOTION to Withdraw as Attorney by Michael Anthony Hayes. (Attachments: # 1 Certificate of Service)(Twarog, Frank) (Entered: 03/10/2019)
2/5/2019
  • OrderGranted
ORDER granting 55 Stipulated Motion for Extension of Time to File Pretrial Motions filed by Shawn Whitcomb (2). Pretrial Motions due April 8, 2019. Signed by Judge Christina Reiss on 2/5/2019. (pac) (Entered: 02/05/2019)
2/5/2019STIPULATED MOTION for Extension of Time to File Pretrial Motions and to Exclude Time Under The Speedy Trial Act by Shawn Whitcomb. (Attachments: # 1 Proposed Order)(Carleton, Ian) (Entered: 02/05/2019)
12/6/2018ARREST WARRANT RETURNED executed on 12/3/2018 as to Michael Anthony Hayes.(law) (Entered: 12/06/2018)
12/4/2018CRIMINAL PRETRIAL SCHEDULING ORDER as to Michael Anthony Hayes (3). Motions due by 3/7/2019. Time excluded from 12/4/2018 to 3/7/2019. Signed by Judge John M. Conroy on 12/4/2018. (hbc) (Entered: 12/05/2018)
12/4/2018
  • Order
ORDER OF DETENTION as to Michael Anthony Hayes (3). Signed by Judge John M. Conroy on 12/4/2018. (hbc) (Entered: 12/05/2018)
12/4/2018CJA 23 Financial Affidavit as to Michael Anthony Hayes (3). (Document image is sealed) (hbc) (Entered: 12/05/2018)
12/4/201846MINUTE ENTRY for proceedings held before Judge John M. Conroy: Initial Appearance and Arraignment as to Michael Anthony Hayes (3) held on 12/4/2018. John Boscia, AUSA present for the gov't and deft present with Frank Twarog, Esq. Court informs deft of rights. Deft sworn and Court makes inquiries. Financial affidavit reviewed. Court summarizes relevant count. Deft waives full reading of the Indictment and enters plea of not guilty to Count 3. Gov't moves for detention and deft has no objection at this time. Statements by counsel. ORDERED: Court appoints counsel on behalf of deft. 44 MOTION for Detention is granted as unopposed. Deft to be detained pending trial. Pretrial Motions to be filed by 3/7/2019. (Court Reporter: Recorded) (hbc) Counsel present added on 12/5/2018 (hbc). (Entered: 12/05/2018)
12/4/2018
  • Motion
MOTION for Detention by USA as to Michael Anthony Hayes. (Boscia, John) (Entered: 12/04/2018)
12/4/2018CJA 20: Appointment of Frank J. Twarog, Esq for Michael Anthony Hayes. Signed by Deputy Clerk on 12/4/2018. (law) (Entered: 12/04/2018)
12/4/2018INDICTMENT UNSEALED as to Krystal Whitcomb, Shawn Whitcomb, Michael Anthony Hayes. (hbc) (Entered: 12/04/2018)
11/19/2018EXHIBIT LIST for Motion Hearing held 11/19/2018 as to Krystal Whitcomb (1). (hbc) (Entered: 11/20/2018)
11/19/201831MINUTE ENTRY for proceedings held before Judge John M. Conroy: Motion Hearing as to Krystal Whitcomb (1) held on 11/19/2018 re 18 MOTION to Vacate 10 Order of Detention. Wendy Fuller, AUSA and John Boscia, AUSA present for the gov't and deft present with Michael Straub, Esq. and Michael Leddy, Esq. Deft Shawn Whitcomb (2) also present with counsel following his Arraignment. Attorney Straub requests the Court excuse S. Whitcomb during Motion Hearing. Request denied. Arguments by counsel re Motion to Vacate. Gov't offers exhibits 1-16, which are admitted without objection. Court recesses to consider exhibits. Court reconvenes and makes findings. ORDERED: Motion is denied. Deft to remain detained pending trial. (Court Reporter: Recorded) (hbc) (Entered: 11/20/2018)
11/19/201830MINUTE ENTRY for proceedings held before Judge John M. Conroy: Arraignment on Second Superseding Indictment as to Shawn Whitcomb (2) held on 11/19/2018. Wendy Fuller, AUSA and John Boscia, AUSA present for the gov't and deft present with Ian Carleton, Esq. and Alexandrea Nelson, Esq. Deft sworn and Court makes inquiries. Court summarizes relevant counts. Deft waives a full reading of the Second Superseding Indictment and enters pleas of not guilty to Count 2ss,4ss,5ss-9ss. Statements by counsel. ORDERED: Current pretrial motions deadline of 2/7/2019 remains. (Court Reporter: Recorded) (hbc) (Entered: 11/20/2018)
11/19/2018Set/Reset Hearings as to Shawn Whitcomb (2): Arraignment on Second Superseding Indictment reset for 11/19/2018 at 1:30 PM in Burlington Courtroom 440 before Judge John M. Conroy. (hbc) (Entered: 11/19/2018)
11/19/2018REVISED NOTICE OF HEARING as to Krystal Whitcomb (1) re: 18 MOTION to Vacate 10 Order of Detention and as to Shawn Whitcomb (2) Arraignment on Second Superseding Indictment reset for 11/19/2018 at 1:30 PM in Burlington Courtroom 440 before Judge John M. Conroy. (hbc) (Entered: 11/19/2018)
11/16/2018WITHDRAWAL of Motion by Shawn Whitcomb re 14 MOTION for Reconsideration re 11 Order of Detention filed by Shawn Whitcomb (Carleton, Ian) (Entered: 11/16/2018)
11/14/2018
  • Motion for Reconsideration
RESPONSE in Opposition to 14 MOTION for Reconsideration re 11 Order of Detention , 18 MOTION to Vacate 10 Order of Detention by USA as to Krystal Whitcomb, Shawn Whitcomb. (Fuller, Wendy) (Entered: 11/14/2018)
11/13/2018NOTICE OF HEARING as to Krystal Whitcomb (1) re: 18 MOTION to Vacate 10 Order of Detention and as to Shawn Whitcomb (2) Arraignment on Second Superseding Indictment and hearing re: 14 MOTION for Reconsideration re 11 Order of Detention set for 11/16/2018 at 12:30 PM in Burlington Courtroom 440 before Judge John M. Conroy. (hbc) (Entered: 11/13/2018)
11/9/2018CRIMINAL PRETRIAL SCHEDULING ORDER as to Krystal Whitcomb (1). Motions due by 2/7/2019. Time excluded from 11/9/2018 to 2/7/2019. Signed by Judge John M. Conroy on 11/9/2018. (hbc) (Entered: 11/09/2018)
11/9/201824MINUTE ENTRY for proceedings held before Judge John M. Conroy: Arraignment on Second Superseding Indictment as to Krystal Whitcomb (1) held on 11/9/2018. Wendy Fuller, AUSA and John Boscia, AUSA present for the gov't and deft present with Michael Straub, Esq. and Michael Leddy, Esq. Deft sworn and Court makes inquiries. Court summarizes relevant counts. Deft waives a full reading of the Second Superseding Indictment and enters plea of not guilty to Count 1ss,2ss,3ss,10ss. Statements by counsel. ORDERED: Pretrial Motions to be filed by 2/7/2019. (Court Reporter: Recorded) (hbc) (Entered: 11/09/2018)
11/8/2018SECOND SUPERSEDING INDICTMENT as to Krystal Whitcomb (1) count(s) 1ss, 2ss, 3ss, 10ss, Shawn Whitcomb (2) count(s) 2ss, 4ss, 5ss-9ss, Michael Anthony Hayes (3) count(s) 3. (law) (Entered: 11/09/2018)
11/8/2018REDACTED SECOND SUPERSEDING INDICTMENT as to Krystal Whitcomb, Shawn Whitcomb. (pac) (Entered: 11/08/2018)
11/8/2018
  • Motion to SealGranted
ORDER granting 20 MOTION to Partially Seal 19 Second Superseding Indictment and Arrest Warrant as to Krystal Whitcomb (1), Shawn Whitcomb (2), Michael Anthony Hayes (3). Sealed until the arrest of the defendant Hayes. Signed by Judge John M. Conroy on 11/8/2018. (pac) (Entered: 11/08/2018)
11/8/2018
  • Motion to Seal
MOTION to Partially Seal (Image is Sealed) 19 Second Superseding Indictment and Arrest Warrant by USA as to Krystal Whitcomb, Shawn Whitcomb, Michael Anthony Hayes. (pac) (Entered: 11/08/2018)
11/6/2018ATTORNEY UPDATE as to Krystal Whitcomb, Shawn Whitcomb. Attorney John J. Boscia, AUSA for USA added. Pursuant to notification from the U.S. Attorney's Office. (law) (Entered: 11/06/2018)
11/6/2018
  • Motion
MOTION(S) REFERRED to Magistrate Judge John M. Conroy as to Krystal Whitcomb: 18 MOTION to Vacate Detention Order. (pac) (Entered: 11/06/2018)
11/6/2018 MOTION to Vacate 10 Order of Detention by Krystal Whitcomb. (Attachments: # 1 Certificate of Service)(Straub, Michael) Link added on 11/7/2018 (law). (Entered: 11/06/2018)
11/5/2018NOTICE OF HEARING as to Krystal Whitcomb (1): Arraignment set for 11/9/2018 at 10:00 AM in Burlington Courtroom 110 before Judge John M. Conroy. (hbc) (Entered: 11/05/2018)
11/2/2018LOCAL RULE 7 STATEMENT by Shawn Whitcomb to 14 MOTION for Reconsideration re 11 Order of Detention. (Carleton, Ian) Text clarified/link added on 11/5/2018 (law). (Entered: 11/02/2018)
11/2/201815
  • Order
ORDER as to Shawn Whitcomb (2): Reference is made to Defendant's 14 MOTION for Reconsideration re 11 Order of Detention. Counsel for Defendant shall file a statement that reflects compliance with D. Vt. L.R. 7(a)(7) forthwith. (This is a text-only Order.) Signed by Judge John M. Conroy on 11/2/2018. (hbc) (Entered: 11/02/2018)
11/2/2018
  • Motion
MOTION(S) REFERRED to Magistrate Judge John M. Conroy as to Shawn Whitcomb: 14 MOTION for Reconsideration re 11 Order of Detention. (pac) (Entered: 11/02/2018)
11/2/2018
  • Motion for Reconsiderationby Δ
MOTION for Reconsideration re 11 Order of Detention by Shawn Whitcomb. (Carleton, Ian) (Entered: 11/02/2018)
11/1/2018SUPERSEDING INDICTMENT as to Krystal Whitcomb (1) count(s) 1s, Shawn Whitcomb (2) count(s) 2s-6s, 7s. (pac) (Entered: 11/01/2018)
10/18/2018
  • Order
ORDER OF DETENTION as to Shawn Whitcomb (2). Signed by Judge John M. Conroy on 10/18/2018. (hbc) (Entered: 10/18/2018)
10/18/2018
  • Order
ORDER OF DETENTION as to Krystal Whitcomb (1). Signed by Judge John M. Conroy on 10/18/2018. (hbc) (Entered: 10/18/2018)
10/18/2018CRIMINAL PRETRIAL SCHEDULING ORDER as to Krystal Whitcomb (1), Shawn Whitcomb (2). Motions due by 12/17/2018. Time excluded from 10/18/2018 to 12/17/2018. Signed by Judge John M. Conroy on 10/18/2018. (hbc) (Entered: 10/18/2018)
10/18/20187MINUTE ENTRY for proceedings held before Judge John M. Conroy: Arraignment, Detention Hearing as to Krystal Whitcomb (1) and Shawn Whitcomb (2) held on 10/18/2018. Wendy Fuller, AUSA and John Boscia, AUSA present for the gov't. Deft K. Whitcomb present with Michael Straub, Esq. and deft S. Whitcomb present with Ian Carleton, Esq. Defts sworn and Court makes inquiries. Court reads the Indictment and deft K. Whitcomb enters plea of not guilty to Count 1 and deft S. Whitcomb enters plea of not guilty to Count 2. Gov't moves for detention and defts do not oppose detention at this time. ORDERED: as to Krystal Whitcomb, Shawn Whitcomb: 2 MOTIONS for Detention granted as unopposed. Defts to be detained pending further proceedings. Pretrial Motions to be filed by 12/17/2018. (Court Reporter: Recorded) (hbc) (Entered: 10/18/2018)
10/18/2018INDICTMENT as to Krystal Whitcomb (1) count(s) 1, Shawn Whitcomb (2) count(s) 2. (law) (Entered: 10/18/2018)
10/16/2018
  • Order
ORDER SCHEDULING A DETENTION HEARING as to Krystal Whitcomb. Detention Hearing set for 10/18/2018 at 11:00 AM in Burlington Courtroom 440 before Judge John M. Conroy. Signed by Judge John M. Conroy on 10/15/2018. (hbc) [2:18-mj-00145-jmc] (Entered: 10/16/2018)
10/15/2018CJA 23 Financial Affidavit as to Krystal Whitcomb. (Document image is sealed) (hbc) [2:18-mj-00145-jmc] (Entered: 10/16/2018)
10/15/20183MINUTE ENTRY for proceedings held before Judge John M. Conroy: Initial Appearance as to Krystal Whitcomb held on 10/15/2018. Wendy Fuller, AUSA present for the gov't and deft present with Michael Straub, Esq. and Michael Leddy, Esq. Court informs deft of rights. Deft sworn and Court makes inquiries. Financial affidavit reviewed. Gov't moves for detention and requests a continuance. ORDERED: Court appoints counsel on behalf of deft. Detention Hearing set for 10/18/2018 at 11:00 AM in Burlington Courtroom 440 before Judge John M. Conroy. (Court Reporter: Recorded) (hbc) [2:18-mj-00145-jmc] (Entered: 10/15/2018)
10/15/2018
  • Motion
MOTION for Detention by USA as to Krystal Whitcomb. (Fuller, Wendy) [2:18-mj-00145-jmc] (Entered: 10/15/2018)
10/15/2018ATTORNEY UPDATE as to Krystal Whitcomb. Attorney Michael J. Leddy, Esq. (CJA training panel) for Krystal Whitcomb added. (law) [2:18-mj-00145-jmc] (Entered: 10/15/2018)
10/15/2018CJA 20: Appointment of Michael J. Straub, Esq for Krystal Whitcomb. Signed by Deputy Clerk on 10/15/2018. (law) [2:18-mj-00145-jmc] (Entered: 10/15/2018)
10/15/2018
  • Complaint
COMPLAINT as to Krystal Whitcomb (1). Signed by Judge John M. Conroy on 10/15/2018. (Attachments: # 1 Affidavit of Wade Cochran) (law) [2:18-mj-00145-jmc] (Entered: 10/15/2018)
10/15/2018
  • Order
ORDER SCHEDULING A DETENTION HEARING as to Shawn Whitcomb. Detention Hearing set for 10/18/2018 at 11:00 AM in Burlington Courtroom 440 before Judge John M. Conroy. Signed by Judge John M. Conroy on 10/15/2018. (hbc) [2:18-mj-00146-jmc] (Entered: 10/16/2018)
10/15/2018CJA 23 Financial Affidavit as to Shawn Whitcomb. (Document image is sealed) (hbc) [2:18-mj-00146-jmc] (Entered: 10/16/2018)
10/15/20183MINUTE ENTRY for proceedings held before Judge John M. Conroy: Initial Appearance as to Shawn Whitcomb held on 10/15/2018. John Boscia, AUSA present for the gov't and deft present with Ian Carleton, Esq. Court informs deft of rights. Deft sworn and Court makes inquiries. Financial affidavit reviewed. Gov't moves for detention and requests a continuance. ORDERED: Court appoints counsel on behalf of deft. Detention Hearing set for 10/18/2018 at 11:00 AM in Burlington Courtroom 440 before Judge John M. Conroy. (Court Reporter: Recorded) (hbc) [2:18-mj-00146-jmc] (Entered: 10/15/2018)
10/15/2018
  • Motion
MOTION for Detention by USA as to Shawn Whitcomb. (Boscia, John) [2:18-mj-00146-jmc] (Entered: 10/15/2018)
10/15/2018CJA 20: Appointment of Ian P. Carleton, Esq for Shawn Whitcomb. Signed by Deputy Clerk on 10/15/2018. (law) [2:18-mj-00146-jmc] (Entered: 10/15/2018)
10/15/2018
  • Complaint
COMPLAINT as to Shawn Whitcomb (1). Signed by Judge John M. Conroy on 10/15/2018. (Attachments: # 1 Affidavit of Wade Cochran) (law) [2:18-mj-00146-jmc] (Entered: 10/15/2018)