Case: United States of America v. Kennedy

5:18-cr-20315 | U.S. District Court for the Eastern District of Michigan

Filed Date: April 19, 2018

Case Ongoing

Clearinghouse coding complete

Case Summary

COVID-19 Summary: A pre-trial criminal defendant sought a temporary release order on March 26, 2020, due to the COVID-19 pandemic. The court granted temporary release from custody on March 27. Another criminal defendant sought release on June 2, which was denied on July 22. The defendant is a pre-trial criminal defendant, indicted a charge of conspiracy to possess with intent to distribute controlled substances. The defendant previously had a hearing before a magistrate judge on March 11, 2020…

COVID-19 Summary: A pre-trial criminal defendant sought a temporary release order on March 26, 2020, due to the COVID-19 pandemic. The court granted temporary release from custody on March 27. Another criminal defendant sought release on June 2, which was denied on July 22.


The defendant is a pre-trial criminal defendant, indicted a charge of conspiracy to possess with intent to distribute controlled substances. The defendant previously had a hearing before a magistrate judge on March 11, 2020, who issued him a detention order because he had violated several conditions of his pretrial release conditions. He was held in Saginaw County Jail. Under 18 U.S.C. § 3142(i), after a detainment order, a court is allowed to issue a temporary release if it is necessary for the preparation of the person's defense or for another compelling reason.

After a hearing on March 26, Judge Judith E. Levy ordered the defendant released on March 27, finding that temporary pretrial release was necessary for the compelling reason that it would protect the defendant, the prison population, and the wider community during the COVID-19 pandemic. At the hearing, the defendant was audibly ill with congestion and testified to exhibiting flu-like symptoms. In detention he had no access to hand sanitizer and was only provided a small bar of soap once a week.

Additionally, Judge Levy found that pretrial release was necessary for preparation of the defendant's pre-sentencing defense. Because visitation at the jail had been suspended, the defendant and his attorney testified that it had been increasingly difficult to communicate and plan for the defendant's pretrial defense. Their communications could only occur over the phone. This was especially difficult because they were unsure that these phone conversations were truly privileged and confidential.

The United States argued that release was improper because there were no known COVID-19 cases at the jail. However, Judge Levy rejected this argument, stating that the seemingly preemptive nature of this release renders it no less compelling - a jail does not have to wait for the defendant to have a confirmed case, or for there to be a major outbreak in the jail.

On March 30, the United States filed a motion for reconsideration, based on the Bail Reform Act, because they were not given a chance to respond to the motion in writing, and because the COVID-19 conditions outside of the jail did not constitute grounds for release. On April 1, the court denied the motion. In the opinion, Judge Levy stated that the United States had the opportunity to give their arguments orally, that their argument for reconsideration did not take into account the growing severity of COVID-19, and that courts are not required to be blind to future harm simply because it has not occurred. The defendant was sentenced on September 4, 2020.

On June 2, another defendant in the underlying criminal case filed an emergency motion for immediate release on bond, which was denied on July 22.

Summary Authors

Caitlin Kierum (6/14/2020)

Chandler Hart-McGonigle (11/26/2020)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/17347183/parties/united-states-v-gauthier/


Judge(s)

Levy, Judith Ellen (Michigan)

Stafford, Elizabeth A. (Michigan)

Attorneys(s) for Plaintiff

Beck, Julie (Michigan)

Graveline, Christopher (Michigan)

Juncaj, Gjon (District of Columbia)

Schneider, Matthew J (Michigan)

Williams, Jihan M. (Michigan)

Attorneys(s) for Defendant

Burdick, James W. (Michigan)

Epstein, Jonathan M (Michigan)

Fishman, Steven W (Michigan)

Judge(s)

Levy, Judith Ellen (Michigan)

Stafford, Elizabeth A. (Michigan)

Attorneys(s) for Plaintiff

Beck, Julie (Michigan)

Graveline, Christopher (Michigan)

Juncaj, Gjon (District of Columbia)

Schneider, Matthew J (Michigan)

Williams, Jihan M. (Michigan)

Attorneys(s) for Defendant

Burdick, James W. (Michigan)

Epstein, Jonathan M (Michigan)

Fishman, Steven W (Michigan)

Howarth, James C (Michigan)

Kinney, Robert F. III (Michigan)

Longstreet, Charles (Michigan)

Scharg, Henry M (Michigan)

Documents in the Clearinghouse

Document

5:18-cr-20315

Docket [PACER]

United States v. Gauthier

April 26, 2021

April 26, 2021

Docket
77

5:18-cr-20315

Order Temporarily Revoking Detention

March 27, 2020

March 27, 2020

Order/Opinion
78

5:18-cr-20315

Motion for Reconsideration of Bond to Keith Kennedy

United States v. Kennedy

March 30, 2020

March 30, 2020

Pleading / Motion / Brief
79

5:18-cr-20315

Opinion and Order Denying the United States' Motion for Reconsideration [78]

United States v. Kennedy

April 1, 2020

April 1, 2020

Order/Opinion
86

5:18-cr-20315

Defendant's Emergency Motion for Immediate Release on Bond

United States of America v. Cotton

April 18, 2020

April 18, 2020

Pleading / Motion / Brief
90

5:18-cr-20315

Defendant's Motion Seeking Coompationate Release Due to COVID-19

United States of America v. Cotton

June 10, 2020

June 10, 2020

Pleading / Motion / Brief
91

5:18-cr-20315

Government's Response in Opposition to Defendant's Motion for Revocation of Detention Order and Motion for Compassionate Release

United States of America v. Cotton

June 12, 2020

June 12, 2020

Pleading / Motion / Brief
92

5:18-cr-20315

Defendant's Reply to Government's Response in Opposition to Defendant's Motion for Revocation of Detention Order and Motion for Compassionate Release

United States of America v. Cotton

June 24, 2020

June 24, 2020

Pleading / Motion / Brief
99

5:18-cr-20315

Order Striking Pro Se Motions [83, 86] and Denying Motion for Revocation of Detention Order [90]

United States of America v. Cotton

July 22, 2020

July 22, 2020

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17347183/united-states-v-gauthier/

Last updated Aug. 26, 2022, 3:17 a.m.

ECF Number Description Date Link Date / Link
3

ORDER WITH MOTION to Seal 2 Arrest Warrant Issued, 1 Complaint as to Joshua Paul Gauthier. Signed by Magistrate Judge David R. Grand. (BGar) [2:18-mj-30220-DUTY] (Entered: 04/19/2018)

April 19, 2018

April 19, 2018

PACER
1

COMPLAINT sworn before Magistrate Judge David R. Grand as to Joshua Paul Gauthier (1). (BGar) [2:18-mj-30220-DUTY] (Entered: 04/19/2018)

April 19, 2018

April 19, 2018

PACER
7

ORDER SCHEDULING A DETENTION HEARING AND FOR TEMPORARY DETENTION as to Joshua Paul Gauthier Signed by Magistrate Judge David R. Grand. (BGar) [2:18-mj-30220-DUTY] (Entered: 04/20/2018)

April 20, 2018

April 20, 2018

PACER
6

ORDER APPOINTING FEDERAL DEFENDER as to Joshua Paul Gauthier. Signed by Magistrate Judge David R. Grand. (BGar) [2:18-mj-30220-DUTY] (Entered: 04/20/2018)

April 20, 2018

April 20, 2018

PACER
5

Public Audio File of Initial Appearance on Complaint as to Joshua Paul Gauthier held on 4/20/2018 before Magistrate Judge David R. Grand. AUDIO FILE SIZE (1.2 MB) (BGar) [2:18-mj-30220-DUTY] (Entered: 04/20/2018)

April 20, 2018

April 20, 2018

PACER

Minute Entry for proceedings before Magistrate Judge David R. Grand: Initial Appearance as to Joshua Paul Gauthier held on 4/20/2018. Detention Hearing set for 4/23/2018 01:00 PM Disposition: Defendant temporarily detained. (Court Reporter: Digitally Recorded) (Defendant Attorney: Mike Carter) (AUSA: Steven Cares) (EBut) [2:18-mj-30220-DUTY]

April 20, 2018

April 20, 2018

PACER
4

ORDER WITH MOTION to Unseal 2 Arrest Warrant Issued, 3 Order to Seal, 1 Complaint as to Joshua Paul Gauthier. Signed by Magistrate Judge David R. Grand. (EBut) [2:18-mj-30220-DUTY] (Entered: 04/20/2018)

April 20, 2018

April 20, 2018

PACER
10

BOND as to Joshua Paul Gauthier in the amount of $10,000.00 unsecured entered. (SOso) [2:18-mj-30220-DUTY] (Entered: 04/23/2018)

April 23, 2018

April 23, 2018

PACER
9

ORDER Setting Conditions of Release as to Joshua Paul Gauthier. Signed by Magistrate Judge Mona K. Majzoub. (SOso) [2:18-mj-30220-DUTY] (Entered: 04/23/2018)

April 23, 2018

April 23, 2018

PACER
8

Public Audio File of Proceedings as to Joshua Paul Gauthier held on 4/23/2018 before Magistrate Judge Mona K. Majzoub. AUDIO FILE SIZE (2.3 MB) (SOso) [2:18-mj-30220-DUTY] (Entered: 04/23/2018)

April 23, 2018

April 23, 2018

PACER

Minute Entry for proceedings before Magistrate Judge Mona K. Majzoub: Detention Hearing Not Held as to Joshua Paul Gauthier. Defendant released on $10,000 unsecured bond with conditions. Preliminary Examination set for 5/11/2018 01:00 PM (Court Reporter: Digitally Recorded) (Defendant Attorney: Jonathan Epstein) (AUSA: Charles Kalil) (LHos) [2:18-mj-30220-DUTY]

April 23, 2018

April 23, 2018

PACER
11

NOTICE of Change of Assistant U.S. Attorney: Jihan M Williams added. (Williams, Jihan) [2:18-mj-30220-DUTY] (Entered: 04/24/2018)

April 24, 2018

April 24, 2018

PACER
12

NOTICE OF ATTORNEY APPEARANCE: Jonathan M. Epstein appearing for Joshua Paul Gauthier (Epstein, Jonathan) [2:18-mj-30220-DUTY] (Entered: 05/01/2018)

May 1, 2018

May 1, 2018

PACER
13

INDICTMENT as to Joshua Gauthier (1) count(s) 1-2. (NAhm) (Entered: 05/10/2018)

May 9, 2018

May 9, 2018

PACER
17

ACKNOWLEDGMENT of Indictment by Joshua Gauthier. (BGar) (Entered: 05/14/2018)

May 11, 2018

May 11, 2018

PACER
16

Public Audio File of Arraignment on Indictment as to Joshua Gauthier held on 5/11/2018 before Magistrate Judge Anthony P. Patti. AUDIO FILE SIZE (1.2 MB) (BGar) (Entered: 05/14/2018)

May 11, 2018

May 11, 2018

PACER
15

SCHEDULING ORDER as to Joshua Gauthier. Motions due by 6/11/2018, Final Pretrial Conference/Plea Hearing set for 7/2/2018 at 10:00 AM before District Judge Judith E. Levy and Jury Trial set for 7/16/2018 at 8:30 AM before District Judge Judith E. Levy. Signed by District Judge Judith E. Levy. (SBur) (Entered: 05/11/2018)

May 11, 2018

May 11, 2018

PACER

Minute Entry for proceedings before Magistrate Judge Anthony P. Patti: Arraignment as to Joshua Gauthier (1) Count 1-2 held on 5/11/2018 Disposition: Not Guilty plea entered. Bond Continued. (Court Reporter: Digitally Recorded) (Defendant Attorney: Jonathan Epstein) (AUSA: David Portelli) (MWil)

May 11, 2018

May 11, 2018

PACER
14

NOTICE of Change of Assistant U.S. Attorney: Jihan M Williams added. (Williams, Jihan) (Entered: 05/11/2018)

May 11, 2018

May 11, 2018

PACER
18

NOTICE of Change of Assistant U.S. Attorney: Christopher Graveline added. Attorney Christopher Graveline terminated. (Graveline, Christopher) (Entered: 05/31/2018)

May 31, 2018

May 31, 2018

PACER
19

Warrant for Arrest Returned Executed on 04/20/18 as to Joshua Gauthier. (DPer) (Entered: 06/25/2018)

June 25, 2018

June 25, 2018

PACER
20

STIPULATION AND ORDER Continuing the Plea Cut-Off, Trial, and the Motion Cut-Off and Finding of Excludable Delay as to Joshua Gauthier. Time excluded from July 16, 2018 until September 24, 2018. Motions due by 8/13/2018, Final Pretrial Conference/Plea Hearing set for 9/5/2018 at 10:00 AM before District Judge Judith E. Levy and Jury Trial set for 9/24/2018 at 8:30 AM before District Judge Judith E. Levy. Signed by District Judge Judith E. Levy. (SBur) (Entered: 06/26/2018)

June 26, 2018

June 26, 2018

PACER

Minute Entry for proceedings before Magistrate Judge Elizabeth A. Stafford: Initial Appearance as to Nathaniel Cotton held on 8/13/2018. Detention Hearing set for 8/15/2018 at 01:00 PM. Disposition: Defendant temporarily detained. (Court Reporter: Digitally Recorded) (Defendant Attorney: Andrew Densemo) (AUSA: Jihan Williams) (MarW) [2:18-mj-30224-DUTY]

Aug. 13, 2018

Aug. 13, 2018

PACER

TEXT-ONLY NOTICE of CJA Attorney Appointment: James W. Burdick has accepted the appointment to represent Nathaniel Cotton . (FDO Siefer, Miriam) [2:18-mj-30224-DUTY]

Aug. 14, 2018

Aug. 14, 2018

PACER

Minute Entry for proceedings before Magistrate Judge Elizabeth A. Stafford: Detention Hearing Not Held as to Nathaniel Cotton. Disposition: Defendant not brought over from Midland. (Not on the record) Detention Hearing RESET for 8/16/2018 at 01:00 PM. (MarW) [2:18-mj-30224-DUTY]

Aug. 15, 2018

Aug. 15, 2018

PACER

Minute Entry for proceedings before Magistrate Judge Elizabeth A. Stafford: Detention Hearing Not Held as to Nathaniel Cotton. Disposition: Defendant consented to detention. Preliminary Examination set for 8/27/2018 at 01:00 PM. (Court Reporter: Digitally Recorded) (Defendant Attorney: Steve Fishman) (AUSA: Jihan Williams) (MarW) [2:18-mj-30224-DUTY]

Aug. 16, 2018

Aug. 16, 2018

PACER
21

STIPULATION AND ORDER Continuing the Plea Cut-Off, Trial, and Motion Cut-Off Dates and Finding of Excludable Delay as to Joshua Gauthier. Time excluded from September 24, 2018 until November 26, 2018. Motions due by 9/24/2018, Final Pretrial Conference/Plea Hearing set for 10/22/2018 at 1:30 PM before District Judge Judith E. Levy and Jury Trial set for 11/26/2018 at 8:30 AM before District Judge Judith E. Levy. Signed by District Judge Judith E. Levy. (SBur) (Entered: 08/22/2018)

Aug. 22, 2018

Aug. 22, 2018

PACER
22

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)

Oct. 10, 2018

Oct. 10, 2018

PACER
25

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)

Oct. 11, 2018

Oct. 11, 2018

PACER
24

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

Oct. 11, 2018

Oct. 11, 2018

PACER
23

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)

Oct. 11, 2018

Oct. 11, 2018

PACER

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)

Oct. 11, 2018

Oct. 11, 2018

PACER

Attorney James W. Burdick is discontinued from receiving Notices of Electronic Filing. (Burdick, James)

Oct. 11, 2018

Oct. 11, 2018

PACER

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

Oct. 12, 2018

Oct. 12, 2018

PACER
27

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)

Oct. 15, 2018

Oct. 15, 2018

PACER

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)

Oct. 15, 2018

Oct. 15, 2018

PACER
26

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)

Oct. 15, 2018

Oct. 15, 2018

PACER

[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).

Oct. 15, 2018

Oct. 15, 2018

PACER
30

ACKNOWLEDGMENT of Indictment by Nathaniel Cotton. (NAhm) (Entered: 10/17/2018)

Oct. 16, 2018

Oct. 16, 2018

PACER
29

Public Audio File of Arraignment as to Nathaniel Cotton held on 10/16/2018 before Magistrate Judge Elizabeth A. Stafford. AUDIO FILE SIZE (1.0 MB) (NAhm) (Entered: 10/17/2018)

Oct. 16, 2018

Oct. 16, 2018

PACER
28

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)

Oct. 16, 2018

Oct. 16, 2018

PACER

Minute Entry for proceedings before Magistrate Judge Elizabeth A. Stafford: Arraignment as to Nathaniel Cotton (2) Count 1,2-3,4 held on 10/16/2018. Disposition: Not Guilty plea entered. (Court Reporter: Digitally Recorded) (Defendant Attorney: Steven Fishman) (AUSA: Jihan Williams) (MarW)

Oct. 16, 2018

Oct. 16, 2018

PACER

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)

Oct. 16, 2018

Oct. 16, 2018

PACER
34

ACKNOWLEDGMENT of Indictment by Joshua Gauthier. (NAhm) (Entered: 10/18/2018)

Oct. 17, 2018

Oct. 17, 2018

PACER
33

Public Audio File of Arraignment as to Joshua Gauthier held on 10/17/2018 before Magistrate Judge Elizabeth A. Stafford. AUDIO FILE SIZE (1.6 MB) (NAhm) (Entered: 10/18/2018)

Oct. 17, 2018

Oct. 17, 2018

PACER

Minute Entry for proceedings before Magistrate Judge Elizabeth A. Stafford: Arraignment as to Joshua Gauthier (1) Count 2s-3s held on 10/17/2018. Disposition: Not Guilty plea entered. (Court Reporter: Digitally Recorded) (Defendant Attorney: Jonathan Epstein) (AUSA: Lisandra Fernandez-Silber) (MarW)

Oct. 17, 2018

Oct. 17, 2018

PACER
31

REQUEST for Arrest Warrant by United States of America as to Don Embry. (Williams, Jihan) (Entered: 10/17/2018)

Oct. 17, 2018

Oct. 17, 2018

PACER
38

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

Oct. 23, 2018

Oct. 23, 2018

PACER
37

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

Oct. 23, 2018

Oct. 23, 2018

PACER
36

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

Oct. 23, 2018

Oct. 23, 2018

PACER
35

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)

Oct. 23, 2018

Oct. 23, 2018

PACER

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)

Oct. 23, 2018

Oct. 23, 2018

PACER

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)

Oct. 23, 2018

Oct. 23, 2018

PACER
39

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)

Oct. 29, 2018

Oct. 29, 2018

PACER

Attorney is discontinued from receiving Notices of Electronic Filing. Reason: Substituted out by private counsel. (Burdick, James)

Nov. 29, 2018

Nov. 29, 2018

PACER
40

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)

Dec. 4, 2018

Dec. 4, 2018

PACER

TEXT-ONLY NOTICE: The final pretrial conference/plea hearing on February 11, 2019 is Cancelled as to Joshua Gauthier. The hearing will be rescheduled at a later date. (SBur)

Feb. 1, 2019

Feb. 1, 2019

PACER
42

NOTICE of hearing on 41 MOTION to Suppress as to Joshua Gauthier. Motion Hearing set for 3/11/2019 at 2:00 PM before District Judge Judith E. Levy. (SBur) (Entered: 02/01/2019)

Feb. 1, 2019

Feb. 1, 2019

PACER
41

MOTION to Suppress Evidence by Joshua Gauthier. (Epstein, Jonathan) (Entered: 02/01/2019)

Feb. 1, 2019

Feb. 1, 2019

PACER

TEXT-ONLY NOTICE: The Final Pretrial Conference/Plea Hearing on February 11, 2019 is Cancelled as to Don Embry. (SBur)

Feb. 6, 2019

Feb. 6, 2019

PACER

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)

Feb. 6, 2019

Feb. 6, 2019

PACER

TEXT-ONLY ORDER: Defendant must file Exhibit One to the Motion to Suppress (Dkt. 41 ), the search warrant and affidavit by Friday, February 22, 2019; and that the Government file a response on or before March 1, 2019 as to Joshua Gauthier. SO ORDERED. Signed by District Judge Judith E. Levy. (Sandusky, K)

Feb. 20, 2019

Feb. 20, 2019

PACER
43

EXHIBIT A - Application for Search Warrant re 41 MOTION to Suppress Evidence by Joshua Gauthier (Epstein, Jonathan) (Entered: 02/21/2019)

Feb. 21, 2019

Feb. 21, 2019

PACER
44

RESPONSE by United States of America as to Joshua Gauthier re 41 MOTION to Suppress Evidence (Williams, Jihan) (Entered: 02/25/2019)

Feb. 25, 2019

Feb. 25, 2019

PACER

TEXT-ONLY NOTICE: Final Pretrial Conference/Plea Hearing on March 6, 2019 is Cancelled as to Nathaniel Cotton. Hearing to be set at a later date. (SBur)

March 5, 2019

March 5, 2019

PACER
45

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)

March 6, 2019

March 6, 2019

PACER

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)

March 6, 2019

March 6, 2019

PACER

Set/Reset Deadlines re 41 MOTION to Suppress as to Joshua Gauthier. Motion Hearing reset for 3/18/2019 at 1:30 PM before District Judge Judith E. Levy. (SBur)

March 10, 2019

March 10, 2019

PACER
47

NOTICE of hearing on 46 MOTION for Withdrawal of Attorney as to Joshua Gauthier. Motion Hearing set for 3/18/2019 at 1:30 PM before District Judge Judith E. Levy. (SBur) (Entered: 03/11/2019)

March 11, 2019

March 11, 2019

PACER
46

MOTION for Withdrawal of Attorney Jonathan M. Epstein by Joshua Gauthier. (Epstein, Jonathan) (Entered: 03/11/2019)

March 11, 2019

March 11, 2019

PACER

Minute Entry for proceedings before District Judge Judith E. Levy: Motion Hearing as to Joshua Gauthier held on 3/18/2019 re 41 MOTION to Suppress and 46 MOTION for Withdrawal of Attorney. Disposition: 41 Motion Denied as Moot and 46 Motion Granted. (Court Reporter: Jeseca Eddington) (Defendant Attorney: Jonathan Epstein) (AUSA: Jihan Williams) (SBur)

March 18, 2019

March 18, 2019

PACER
48

ORDER Denying Defendant's 41 Motion to Suppress as Moot and Granting Defendant's 46 Motion for Withdrawal of Counsel as to Joshua Gauthier (1). Signed by District Judge Judith E. Levy. (SBur) (Entered: 03/19/2019)

March 19, 2019

March 19, 2019

PACER

TEXT-ONLY NOTICE of CJA Attorney Appointment: James C. Howarth has accepted the appointment to represent Joshua Gauthier (Substitution for Jonathan M. Epstein). (FDO Siefer, Miriam)

March 20, 2019

March 20, 2019

PACER

TEXT-ONLY NOTICE: Jury Trial on April 1, 2019 is Cancelled as to Don Embry. (SBur)

March 27, 2019

March 27, 2019

PACER
49

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)

March 28, 2019

March 28, 2019

PACER
51

NOTICE of hearing on 50 MOTION for Withdrawal of Attorney as to Nathaniel Cotton. Motion Hearing set for 4/29/2019 at 1:30 PM before District Judge Judith E. Levy. (SBur) (Entered: 04/04/2019)

April 4, 2019

April 4, 2019

PACER
50

MOTION for Withdrawal of Attorney Steven Fishman by Nathaniel Cotton. (Fishman, Steven) (Entered: 04/04/2019)

April 4, 2019

April 4, 2019

PACER

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)

April 26, 2019

April 26, 2019

PACER
52

ORDER Granting 50 Motion for Withdrawal of Counsel as to Nathaniel Cotton (2). Signed by District Judge Judith E. Levy. (SBur) (Entered: 04/29/2019)

April 29, 2019

April 29, 2019

PACER

Minute Entry for proceedings before District Judge Judith E. Levy: Motion Hearing as to Nathaniel Cotton held on 4/29/2019 re 50 MOTION for Withdrawal of Attorney. Disposition: Motion Granted. (Court Reporter: Jeseca Eddington) (Defendant Attorney: Steven F. Fishman) (AUSA: Jihan Williams) (SBur)

April 29, 2019

April 29, 2019

PACER
53

NOTICE OF ATTORNEY APPEARANCE: Henry M. Scharg appearing for Nathaniel Cotton (Scharg, Henry) (Entered: 04/30/2019)

April 30, 2019

April 30, 2019

PACER

TEXT-ONLY NOTICE of CJA Attorney Appointment: Henry M. Scharg has accepted the appointment to represent Nathaniel Cotton (Substitution for Retained Counsel). (FDO Siefer, Miriam)

April 30, 2019

April 30, 2019

PACER

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)

May 2, 2019

May 2, 2019

PACER

TEXT-ONLY NOTICE: Final Pretrial Conference/Plea Hearing on May 8, 2019 is Cancelled as to Joshua Gauthier. (SBur)

May 8, 2019

May 8, 2019

PACER

TEXT-ONLY NOTICE: Final Pretrial Conference/Plea Hearing on May 8, 2019 is Cancelled as to Nathaniel Cotton. (SBur)

May 8, 2019

May 8, 2019

PACER
54

NOTICE TO APPEAR as to Joshua Gauthier. Final Pretrial Conference/Plea Hearing set for 5/22/2019 at 3:00 PM before District Judge Judith E. Levy. (SBur) (Entered: 05/10/2019)

May 10, 2019

May 10, 2019

PACER
55

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

May 22, 2019

May 22, 2019

PACER

Minute Entry for proceedings before District Judge Judith E. Levy: Plea Hearing as to Joshua Gauthier held on 5/22/2019. (Sentencing set for 9/23/2019 at 10:00 AM before District Judge Judith E. Levy) Disposition: Guilty plea entered. No Rule 11. (Court Reporter: Andrea Wabeke) (Defendant Attorney: James C. Howarth) (AUSA: Jihan M Williams) (SBur) Modified on 5/22/2019 (SBur).

May 22, 2019

May 22, 2019

PACER

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)

May 22, 2019

May 22, 2019

PACER

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)

May 22, 2019

May 22, 2019

PACER
56

STIPULATED ORDER Continuing the Plea Cutoff and Trial Dates and Finding Excludable Delay as to Nathaniel Cotton. Time excluded from June 3, 2019 until September 9, 2019. Motions due by 7/8/2019, Final Pretrial Conference/Plea Hearing set for 8/22/2019 at 1:30 PM before District Judge Judith E. Levy and Jury Trial set for 9/9/2019 at 8:30 AM before District Judge Judith E. Levy. Signed by District Judge Judith E. Levy. (SBur) (Entered: 05/27/2019)

May 27, 2019

May 27, 2019

PACER
57

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)

June 3, 2019

June 3, 2019

PACER

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)

June 6, 2019

June 6, 2019

PACER
59

MOTION for Withdrawal of Attorney Henry M. Scharg by Nathaniel Cotton. (Attachments: # 1 Exhibit Nathaniel Cotton Letter to Court) (Scharg, Henry) (Entered: 07/31/2019)

July 31, 2019

July 31, 2019

PACER

TEXT-ONLY NOTICE: The Final Pretrial Conference/Plea Hearing on August 22, 2019 is Adjourned as to Nathaniel Cotton. The hearing will be rescheduled at a later date. (SBur)

Aug. 1, 2019

Aug. 1, 2019

PACER
60

NOTICE of hearing on 59 MOTION for Withdrawal of Attorney as to Nathaniel Cotton. Motion Hearing set for 8/22/2019 at 1:30 PM before District Judge Judith E. Levy. (SBur) (Entered: 08/01/2019)

Aug. 1, 2019

Aug. 1, 2019

PACER
61

ORDER Granting Defendant's 59 Motion for Withdrawal of Attorney as to Nathaniel Cotton (2). Signed by District Judge Judith E. Levy. (SBur) (Entered: 08/22/2019)

Aug. 22, 2019

Aug. 22, 2019

PACER

Minute Entry for proceedings before District Judge Judith E. Levy: Motion Hearing as to Nathaniel Cotton held on 8/22/2019 re 59 MOTION for Withdrawal of Attorney. Disposition: Motion Granted. (Court Reporter: Jodi Matthews) (Defendant Attorney: Henry Scharg) (AUSA: Jihan Williams) (SBur)

Aug. 22, 2019

Aug. 22, 2019

PACER

TEXT-ONLY NOTICE of CJA Attorney Appointment: Charles O. Longstreet, II has accepted the appointment to represent Nathaniel Cotton as of 8/26/2019 Substitute for previous counsel Henry M. Scharg.. (FDO Siefer, Miriam)

Aug. 27, 2019

Aug. 27, 2019

PACER
62

STIPULATION AND ORDER Continuing the Plea Cut-off and Trial and Finding of Excludable Delay as to Nathaniel Cotton. Time excluded from September 9, 2019 until December 9, 2019. Motions due by 10/18/2019, Final Pretrial Conference/Plea Hearing set for 11/18/2019 at 1:30 PM before District Judge Judith E. Levy and Jury Trial set for 12/9/2019 at 8:30 AM before District Judge Judith E. Levy. Signed by District Judge Judith E. Levy. (SBur) (Entered: 09/05/2019)

Sept. 5, 2019

Sept. 5, 2019

PACER

Case Details

State / Territory: Michigan

Case Type(s):

Criminal Justice (Other)

Special Collection(s):

COVID-19 (novel coronavirus)

Key Dates

Filing Date: April 19, 2018

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Pretrial criminal detainee in Michigan jail

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Pre-trial criminal defendants (Washtenaw), Private Entity/Person

Case Details

Special Case Type(s):

Criminal

Availably Documents:

Trial Court Docket

Outcome

Prevailing Party: Defendant

Source of Relief:

Litigation

Issues

General:

Conditions of confinement

Fines/Fees/Bail/Bond

COVID-19:

Mitigation Denied

Mitigation Granted

Mitigation Requested

Population reduction/cap

Release Denied

Release Granted

Release granted-individual

Release-process created/modified

Release Requested