Case: United States of America v. Kennedy

United States v. Gauthier

United States v. Kennedy

United States v. Kennedy

United States of America v. Cotton

United States of America v. Cotton

United States of America v. Cotton

United States of America v. Cotton

United States of America v. Cotton

FIRST SUPERSEDING INDICTMENT as to Joshua Gauthier (1) count(s) 2s-3s, Nathaniel Cotton (2) count(s) 1, 2-3, 4, Keith Kennedy (3) count(s) 2-3, Don Embry (4) count(s) 2-3. (SOso) (Entered: 10/11/2018)

Public Audio File of Initial Appearance as to Keith Kennedy held on 10/11/2018 before Magistrate Judge R. Steven Whalen. AUDIO FILE SIZE (2.3 MB) (NAhm) (Entered: 10/11/2018)

ORDER APPOINTING FEDERAL DEFENDER as to Keith Kennedy. Signed by Magistrate Judge R. Steven Whalen. (NAhm) (Entered: 10/12/2018)

ORDER SCHEDULING A DETENTION HEARING AND FOR TEMPORARY DETENTION as to Keith Kennedy Signed by Magistrate Judge R. Steven Whalen. (NAhm) (Entered: 10/12/2018)

Minute Entry for proceedings before Magistrate Judge R. Steven Whalen: Initial Appearance as to Keith Kennedy held on 10/11/2018. Arraignment set for 10/15/2018 01:00 PM before Magistrate Judge Unassigned Detention Hearing set for 10/15/2018 01:00 PM Disposition: Defendant temporarily detained. (Court Reporter: Digitally Recorded) (Defendant Attorney: Benton Martin) (AUSA: Jihan Williams) (BGar)

Initial Appearance

TEXT-ONLY NOTICE of CJA Attorney Appointment: Robert F. Kinney, III has accepted the appointment to represent Keith Kennedy . (FDO Siefer, Miriam)

Notice of CJA Attorney Appointment

NOTICE of Correction re Arraignment, as to Keith Kennedy. Entered in error, defendant not arraigned on 10/15/18. (MarW) Modified on 10/15/2018 (MarW). (Entered: 10/15/2018)

Public Audio File of Proceeding as to Keith Kennedy held on 10/15/2018 before Magistrate Judge Elizabeth A. Stafford. AUDIO FILE SIZE (1.8 MB) (NAhm) (Entered: 10/15/2018)

[STRICKEN] Minute Entry for proceedings before Magistrate Judge Elizabeth A. Stafford: Arraignment as to Keith Kennedy (3) Count 2-3 held on 10/15/2018. Disposition: Not Guilty plea entered. (Court Reporter: Digitally Recorded) (Defendant Attorney: Robert Kinney) (AUSA: Jihan Williams) (MarW) Modified on 10/15/2018 (MarW).

Arraignment

Hearing Not Held/Hearing Cancelled

Minute Entry for proceedings before Magistrate Judge Elizabeth A. Stafford: Arraignment and Detention Hearing Not Held as to Keith Kennedy. Arraignment reset for 10/17/2018 01:00 PM before Magistrate Judge Unassigned, Detention Hearing reset for 10/17/2018 01:00 PM.(Court Reporter: Digitally Recorded) (Defendant Attorney: Robert Kinney) (AUSA: Jihan Williams) (MarW)

AMENDED SCHEDULING ORDER as to Joshua Gauthier, Nathaniel Cotton, Keith Kennedy and Don Embry. Motions due by 11/30/2018, Final Pretrial Conference/Plea Hearing set for 12/17/2018 at 11:00 AM before District Judge Judith E. Levy and Jury Trial set for 1/28/2019 at 8:30 AM before District Judge Judith E. Levy. Signed by District Judge Judith E. Levy. (SBur) (Entered: 10/16/2018)

Set/Reset Deadlines/Hearings as to Keith Kennedy: Arraignment reset for 10/23/2018 01:00 PM before Magistrate Judge Unassigned, Detention Hearing reset for 10/23/2018 01:00 PM. (MarW)

Set/Reset Deadlines/Hearings

Public Audio File of Arraignment as to Keith Kennedy held on 10/23/2018 before Magistrate Judge Anthony P. Patti. AUDIO FILE SIZE (5.5 MB) (NAhm) (Entered: 10/23/2018)

ACKNOWLEDGMENT of First Superseding Indictment by Keith Kennedy. (NAhm) (Entered: 10/23/2018)

ORDER Setting Conditions of Release as to Keith Kennedy. Signed by Magistrate Judge Anthony P. Patti. (NAhm) (Entered: 10/23/2018)

BOND as to Keith Kennedy in the amount of $10,000 unsecured entered. (NAhm) (Entered: 10/23/2018)

Minute Entry for proceedings before Magistrate Judge Anthony P. Patti: Arraignment as to Keith Kennedy (3) Count 2-3 held on 10/23/2018 Disposition: Not Guilty plea entered.(Court Reporter: Digitally Recorded) (Defendant Attorney: Robert F. Kinney, III) (AUSA: Jihan Williams) (MWil)

Arraignment

Minute Entry for proceedings before Magistrate Judge Anthony P. Patti: Detention Hearing as to Keith Kennedy NOT HELD on 10/23/2018. Disposition: Defendant released on bond. (Court Reporter: Digitally Recorded) (Defendant Attorney: Robert F. Kinney, III) (AUSA: Jihan Williams) (MWil)

Detention Hearing

STIPULATION AND ORDER Regarding Discovery Materials as to Joshua Gauthier, Nathaniel Cotton, Keith Kennedy and Don Embry. Signed by District Judge Judith E. Levy. (SBur) (Entered: 10/29/2018)

STIPULATION AND ORDER Continuing the Plea Cut-off, Trial, and Motion Cut-off and Finding of Excludable Delay as to Joshua Gauthier, Nathaniel Cotton, Keith Kennedy and Don Embry. Time excluded from January 28, 2019 until April 1, 2019. Motions due by 1/30/2019, Final Pretrial Conference/Plea Hearing set for 2/11/2019 at 10:00 AM before District Judge Judith E. Levy and Jury Trial set for 4/1/2019 at 8:30 AM before District Judge Judith E. Levy. Signed by District Judge Judith E. Levy. (SBur) (Entered: 12/04/2018)

Set/Reset Deadlines/Hearings as to Nathaniel Cotton and Keith Kennedy: Final Pretrial Conference/Plea Hearing reset for 3/6/2019 at 2:00 PM before District Judge Judith E. Levy. (SBur)

Set/Reset Deadlines/Hearings

STIPULATION AND ORDER Continuing Plea Cut-off and Trial Dates and Finding of Excludable Delay as to Joshua Gauthier, Nathaniel Cotton and Keith Kennedy. Time excluded from April 1, 2019 until June 3, 2019. Motions due by 4/8/2019, Final Pretrial Conference/Plea Hearing set for 5/8/2019 at 10:30 AM before District Judge Judith E. Levy and Jury Trial set for 6/3/2019 at 8:30 AM before District Judge Judith E. Levy. Signed by District Judge Judith E. Levy. (SBur) (Entered: 03/06/2019)

Text-Only Notice of Hearing Cancelled

TEXT-ONLY NOTICE: Final Pretrial Conference/Plea Hearing on March 6, 2019 is Adjourned as to Keith Kennedy. The hearing will be reset at a later date. (SBur)

ORDER on Petition for Action on Conditions of Pretrial Release - as to Keith Kennedy. (Bond Review Hearing set for 4/29/2019 at 2:00 PM before District Judge Judith E. Levy) Signed by District Judge Judith E. Levy. (SBur) (Entered: 03/28/2019)

Set/Reset Deadlines/Hearings as to Keith Kennedy. Bond Review Hearing reset for 5/22/2019 at 3:00 PM before District Judge Judith E. Levy. (SBur)

Set/Reset Deadlines/Hearings

Set/Reset Deadlines/Hearings as to Keith Kennedy. Final Pretrial Conference/Plea Hearing reset for 5/22/2019 at 3:00 PM before District Judge Judith E. Levy. (SBur)

Set/Reset Deadlines/Hearings

PLEA AGREEMENT as to Keith Kennedy. (SBur) (Entered: 05/22/2019)

~Util - Set Deadlines/Hearings

Minute Entry for proceedings before District Judge Judith E. Levy: Plea Hearing as to Keith Kennedy held on 5/22/2019. (Sentencing set for 9/23/2019 at 11:00 AM before District Judge Judith E. Levy) Disposition: Guilty plea entered. (Court Reporter: Andrea Wabeke) (Defendant Attorney: Robert F. Kinney, III) (AUSA: Jihan M Williams) (SBur)

Plea Hearing

Minute Entry for proceedings before District Judge Judith E. Levy: Bond Hearing as to Keith Kennedy held on 5/22/2019. Disposition: Bond Continued. (Court Reporter: Andrea Wabeke) (Defendant Attorney: Robert F. Kinney, III) (AUSA: Jihan M Williams) (SBur)

Bond Hearing

ORDER on Petition for Action on Conditions of Pretrial Release - as to Keith Kennedy. (Bond Review Hearing set for 6/6/2019 at 1:30 PM before District Judge Judith E. Levy) Signed by District Judge Judith E. Levy. (SBur) (Entered: 06/03/2019)

Minute Entry for proceedings before District Judge Judith E. Levy: Bond Review Hearing Not Held as to Keith Kennedy. The defendant failed to appear; Arrest Warrant Issued. (Court Reporter: Jeseca Eddington) (Defendant Attorney: Robert F. Kinney, III) (AUSA: Jihan M Williams) (SBur)

Hearing Not Held/Hearing Cancelled

Set/Reset Deadlines/Hearings as to Keith Kennedy. Sentencing reset for 9/24/2019 at 11:00 AM before District Judge Judith E. Levy. (SBur)

Set/Reset Deadlines/Hearings

Text-Only Notice of Hearing Cancelled

TEXT-ONLY NOTICE: Sentencing on September 24, 2019 is Cancelled as to Keith Kennedy. Sentencing will be reset once the defendant is in Custody. (SBur)

NOTICE TO APPEAR as to Keith Kennedy, Bond Review Hearing set for 3/19/2020 03:00 PM before District Judge Judith E. Levy (WBar) (Entered: 03/11/2020)

Public Audio File of Miscellaneous Hearing as to Keith Kennedy held on 03/11/2020 before Magistrate Judge David R. Grand. AUDIO FILE SIZE (2.8 MB) (AFla) (Entered: 03/12/2020)

ORDER APPOINTING FEDERAL COMMUNITY DEFENDER as to Keith Kennedy. Signed by Magistrate Judge David R. Grand. (AFla) (Entered: 03/12/2020)

Minute Entry for proceedings before Magistrate Judge David R. Grand: Miscellaneous Hearing held on 3/11/2020 as to Keith Kennedy Disposition: Defendant detained, to appear before Judge Levy. (Court Reporter: Digitally Recorded) (Defendant Attorney: Todd Shanker) (AUSA: Rob VanWert) (EBut)

Miscellaneous Hearing

AMENDED NOTICE TO APPEAR BY TELEPHONE as to Keith Kennedy, Bond Review Hearing RESET for 3/26/2020 10:00 AM before District Judge Judith E. Levy***PLEASE USE THE FOLLOWING CALL-IN INFORMATION: (888) 363-4734; Access code: 2541474*** (WBar) (Entered: 03/17/2020)

NOTICE TO APPEAR as to Keith Kennedy, Follow-up Bond Review Hearing set for 6/4/2020 10:30 AM before District Judge Judith E. Levy (WBar) (Entered: 03/26/2020)

NOTICE TO APPEAR as to Keith Kennedy, Sentencing set for 7/28/2020 02:30 PM before District Judge Judith E. Levy***SENTENCING MEMORANDA DUE ON OR BEFORE 7/21/2020*** (WBar) (Entered: 03/26/2020)

Minute Entry for proceedings before District Judge Judith E. Levy: Telephone Bond Review Hearing as to Keith Kennedy held on 3/26/2020; (Court Reporter: Jeseca Eddington) (Defendant Attorney: Robert Kinney) (AUSA: Jihan Williams, Julie Beck) (WBar)

Bond Hearing

ORDER TEMPORARILY REVOKING DETENTION as to Keith Kennedy, Signed by District Judge Judith E. Levy. (WBar)

ORDER Reinstating and Continuing Bond as to Keith Kennedy (3) $10,000 unsecured. Signed by District Judge Judith E. Levy. (WBar) (Entered: 04/03/2020)

ORDER Setting Conditions of Release as to Keith Kennedy. Signed by District Judge Judith E. Levy. (WBar) (Entered: 04/03/2020)

MOTION for Reconsideration re 77 Order by United States of America as to Keith Kennedy. (Williams, Jihan) (Entered: 03/30/2020)

OPINION AND ORDER denying 78 Motion for Reconsideration as to Keith Kennedy (3). Signed by District Judge Judith E. Levy. (WBar)

AMENDED NOTICE TO APPEAR as to Keith Kennedy, Follow-up Bond Review Hearing reset for 7/28/2020 02:30 PM before District Judge Judith E. Levy (WBar) (Entered: 05/28/2020)

TRANSCRIPT of Hearing held on 03/26/2020 as to Keith Kennedy. (Court Reporter/Transcriber: Jeseca C. Eddington) (Number of Pages: 34) The parties have 21 days to file with the court and Court Reporter/Transcriber a Redaction Request of this transcript. If no request is filed, the transcript may be made remotely electronically available to the public without redaction after 90 days. Redaction Request due 7/23/2020. Redacted Transcript Deadline set for 8/3/2020. Release of Transcript Restriction set for 9/30/2020. 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, the transcript is publicly available. (Eddington, J) (Entered: 07/02/2020)

STIPULATION AND ORDER as to Keith Kennedy Adjourning Sentencing to 9/2/2020 10:00 AM before District Judge Judith E. Levy)***SENTENCING MEMORANDA DUE ON OR 8/26/2020*** Signed by District Judge Judith E. Levy. (WBar) (Entered: 07/23/2020)

AMENDED NOTICE TO APPEAR BY VIDEO CONFERENCE as to Keith Kennedy, Bond Review Hearing set for 7/28/2020 02:30 PM before District Judge Judith E. Levy |Zoom Webinar Information: https://zoom.us/j/94289249210?pwd=eUpGa3dGdk04UDJnaGg4YmJ0dzVOdz09 Passcode: 870895 Or iPhone one-tap : US: +12133388477,,94289249210#,,,,,,0#,,870895# or +12532158782,,94289249210#,,,,,,0#,,870895#| (WBar) (Entered: 07/23/2020)

AMENDED NOTICE TO APPEAR BY VIDEO CONFERENCE as to Keith Kennedy, Bond Review Hearing reset for 7/29/2020 11:00 AM before District Judge Judith E. Levy |Zoom Webinar Information: https://zoom.us/j/94289249210?pwd=eUpGa3dGdk04UDJnaGg4YmJ0dzVOdz09 Passcode: 870895 Or iPhone one-tap : US: +12133388477,,94289249210#,,,,,,0#,,870895# or +12532158782,,94289249210#,,,,,,0#,,870895#| (WBar) (Entered: 07/27/2020)

Bond Hearing

Minute Entry for proceedings before District Judge Judith E. Levy: Bond Review Hearing as to Keith Kennedy held on 7/29/2020; Disposition: Bond continued with conditions. (Court Reporter: Darlene May) (Defendant Attorney: Robert Kinney) (AUSA: Jihan Williams) (WBar)

ORDER on Petition for Action on Conditions of Pretrial Release - To include inpatient detox treatment followed by six months long term residential treatment at the Salvation Army ARC Program as to Keith Kennedy. Signed by District Judge Judith E. Levy. (WBar) (Entered: 07/30/2020)

ORDER on Petition for Action on Conditions of Pretrial Release - THE CANCELLATION OF BOND, AND A WARRANT ISSUED FOR THE DEFENDANTS ARREST as to Keith Kennedy. Signed by District Judge Judith E. Levy. (WBar) (Entered: 08/01/2020)

Public Audio File of Initial Appearance re Pretrial Violation as to Keith Kennedy held on 8/4/2020 before Magistrate Judge Anthony P. Patti. AUDIO FILE SIZE (3.4 MB) (SOso) (Entered: 08/04/2020)

Initial Appearance - PS 8

Minute Entry for proceedings before Magistrate Judge Anthony P. Patti: Initial Appearance re Pretrial Violation as to Keith Kennedy held on 8/4/2020. Disposition: Bond cancelled by Judge Levy on 8/1/2020; hearing date to be set by Judge Levy. (Court Reporter: Digitally Recorded) (Defendant Attorney: Robert Kinney) (AUSA: Thomas Franzinger) (LHos)

NOTICE of Change of Assistant U.S. Attorney: Gjon Juncaj added. (Juncaj, Gjon) (Entered: 08/11/2020)

SENTENCING MEMORANDUM by Keith Kennedy (Attachments: # 1 Exhibit Reference Letters) (Kinney, Robert) (Entered: 08/26/2020)

SENTENCING MEMORANDUM by United States of America as to Keith Kennedy (Williams, Jihan) (Entered: 08/26/2020)

AMENDED NOTICE TO APPEAR BY VIDEO CONFERENCE as to Keith Kennedy, Sentencing reset for 9/3/2020 02:00 PM before District Judge Judith E. Levy |Zoom Webinar Information: https://zoom.us/j/99693950140?pwd=UHd3c1I1UlRoZ045aTVyT1lGSU0yZz09 Passcode: 267204 Or iPhone one-tap : US: +12133388477,,99693950140#,,,,,,0#,,267204# or +12532158782,,99693950140#,,,,,,0#,,267204#| (WBar) (Entered: 08/27/2020)

Warrant for Arrest Returned Executed on 08/04/20 as to Keith Kennedy. (DPer) (Entered: 08/31/2020)

Sentencing

Minute Entry for proceedings before District Judge Judith E. Levy: Sentencing held as to Keith Kennedy. Disposition: Rule 11 Plea Agreement accepted by the Court. (Court Reporter: Darlene May) (Defendant Attorney: Robert Kinney) (AUSA: Jihan Williams) (WBar)

JUDGMENT as to Keith Kennedy. Signed by District Judge Judith E. Levy. (DPer) (Entered: 09/04/2020)

Request - other

Appointing Federal Community Defender

Attorney Appearance - Defendant

Order

Motion - Free

Requiring Responsive Pleading*

Order

Response to Motion

ORDER denying 138 Motion for compassionate release as to Keith Kennedy (3). Signed by District Judge Judith E. Levy. (WBar)

Reconsideration

ORDER denying 148 Motion for Reconsideration as to Keith Kennedy (3). Signed by District Judge Judith E. Levy. (WBar)

Notice of Appeal

Certificate of Service of Notice of Appeal*

Appeal Order/Opinion/Judgment

Appeal Mandate