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  • 8/7/2019 Case 11-3037 Carrie Neighbors

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    UNITED STATES COURT OF APPEALSFOR THE TENTH CIRCUIT

    United States of America

    Appellee,

    v.

    Carrie NeighborsDefendant.

    District Court No. 07-20124

    Court of Appeals No. 11-3037

    DESIGNATION OF RECORD

    Those original papers which have been designated by circling their respective

    docket numbers (or dates of entry) on the attached copy of the district courts docket

    sheets should be included in the record on appeal prepared by the clerk of the district

    court and transmitted to the clerk of the court of appeals. (If the district court clerk so

    elects, original papers may be retained in the district court and copies thereof may be

    included in the record on appeal.)

    The following items should also be included in the record on appeal. (Portions of

    transcripts should be designated by hearing dates and page numbers.)

    1. ___Transcript of motion hearings of 8/20/10 & 8/23/10________________

    2.____Transcript of trial___________________________________________

    3.____Transcript of sentencing hearing_______________________________

    4.____All documents as designated on the attached docket sheet

    (Attach additional sheets if necessary)

    Signature: __s/John M. Duma_____

    Counsel for: Defendant/Appellant

    I hereby certify that this document was electronically filed on February 4, 2011, with the

    Clerk of the Court by using the ECF system, which will send a copy with the Notice of DocketActivity to all ECF system participants as of the time of the filing; that all required privacy

    redactions have been made; if required to file additional hard copies, that the ECF submission isan exact copy of those documents; and that the ECF submission was scanned for viruses with the

    most recent version of the Apple virus scanning program, which is updated continuously and,according to the program, is free of viruses.

    s/ John M. Duma

    Appellate Case: 11-3037 Document: 01018580431 Date Filed: 02/04/2011 Page: 1

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    District of Kansas h t t p s j / e c f . k s d . l l s c o l l n s . g o v ! c g i - b i n ! D k l R p L p l " l I 0 7 3 1 1 7 6 ~ 3 5 6 4 ...

    ,> ,COMPLEX

    U.S. District Court DISTRICT OF KANSAS (Kansas City) CRIMINAL DOCKET FOR CASE #: 2:07-cr-20124-CM-JPO An Defendants

    Case title: USA v. Neighbors et al Date Filed: 0911312007

    SuretyCarrie Marie Neighbors

    SuretyGuy Madison Neighbors

    Assigned to: District Judge CarlosMurguiaReferred to: Magistrate Judge James P.O'HaraAppeals court case numbers: 10-3185 lOCCA, 10-3188 IOCCA, 10-3243 IOCCA, 11-3037 IOCCA Defendant (1 )Carrie Marie Neighbors represented by Jacquelyn E. RokusckYellow House Store Rokusek Law Office 1904 Massachusetts 105 E. Park St. Lawrence, Ks 66046 Olathe, KS 660611104 Andover, Lawrence, Kansas 66049 913-948-9311TERMINATED: 01/14/2011 Fax: 913-948-6681

    Email: [email protected]: OS/22/2008LEAD ATTORNEYATTORNEY TO BE NOTICED

    JohnM.Duma303 E. PoplarOlathe. KS 660619 1 3 ~ 7 8 2 - 7 0 7 2

    1 of 56 2/1111 12:18 PM

    Appellate Case: 11-3037 Document: 01018580432 Date Filed: 02/04/2011 Page: 1

    mailto:[email protected]:[email protected]
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    Di ,tricl of Kan

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    i 07/27 /2UO() ! MOT ION fur Di",:O\ ery of FrclIl/l i l lorr (/nd !//Ipeachil/I.!. "1/(mila! ion lillder Hrady v. Alof\/({lId (Illd/or Disc'o,cr) Ullda NlIlc /6 (illY \1. . , \ ( ~ i ~ h l ~ \ ) r ~ , i (pilate. C h l . ~ r y l ) (Entered: 07!27!2()09)MOTION in Lilllillc hy Carrie Marie Neighbors as to Cmjie Mari,' l\l'igllllors.Guy \1, !'\eighbu]". (Dunu . .John) (Enll.'l',' !l OY27}200C))f..10TION to S u p p r c , , ~ hy Carrie t\1;;ric :'\L'ighhors as tu ('arri,' 'Vhnil.'

    ..: : : = : - : : : : : ' C : ' ~ ; : r : = _ .,." Neighbors, Guy iv!. !,\\:ighhors. (Duma. John) (Enlercd: (fh27;2(J()li J Juint 1\10TI0:\ tI l JiSrlll"S cuunb hnteiturc }\llcgatiull 11 by ;\1.Neighhors as 10 Cmrie Mark '\;eighhor\. Guy M. ;"kighh( \1S. (PiJak'. Cheryl)(Enrcn:d: 07!27!20Uc))Joint MOTION for DhCO \ ery IIl/Or!1ltlfioll P c r l a i l 1 i l l : ~ 10 An/leN(' Aliller ulldHer COi1t(lc/s Hilll Lmr D(ji)J'('f!iIlcllt by Guy 1\1. N c i g h b o r ~ a" \() Carne MarieNl'ighbors, Guy \1. ? \ c i g h b o r ~ . (Pilate, Cheryl) (Entered: 07!'71()()9)JzESPONSE ti l Motion hy USA ,I'> [0 Carrie f\lmi.: Neif!llbors, Gm \1.

    . Nt.:ighhors re ' i I' :\10TION for Di"covcry. (Parker. Marietta) I Entered:US/OS!200 lJ JRESP()!\SF ((1 \lotiOIl hy liS\ :1" to eIlT] ' : \I:trie Neit!hhm'. (iuy \1.0kighhors f t ' JS8 MOTION fur Die-,covcrv of i".xclil pato!'Y and r1Il11l.'

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    District of Kansns https:liecLksd.uscourts.gov/cgi-hinlDkIKpt.pl'?lon 1176X3564 ..

    08/25/2010

    08/26/2010

    ORDER denying l ~ . ~ Motion for Reconsideration as to Carrie MarieNeighbors (1); denying ~ c ~ ( ) Motion to Dismiss Complaint/Case as to CanieMarie Neighbors (1); granting Motion to Sever Defendant as to CarrieMarie Neighbors (1); granting in part and denying in part Motion inLimine as to Carrie Marie Neighbors (l); denying Motion to Suppress asto Carrie Marie Neighbors (l); denying Motion to Dismiss Counts as toCarrie Marie Neighbors (1); denying J92 Motion for Discovery as to CanieMarie Neighbors (1): granting Motion in Limine as to Canie MarieNeighbors (1); denying} Motion to Strike as to Carrie Marie Neighbors (1);denying ;2 (.. Motion to Exclude as to Carrie Marie Neighbors (1); denyingMotion to Exclude as to Canie Marie Neighbors (I): denying Motion toStrike as to Carrie Marie Neighbors (I); finding as moot Motion for Returnof Property as to Carrie Marie Neighbors (1); denying Motion for Hearingas to Carrie Marie Neighbors (1)( Jury Trial set for 9113/2010 at 09:00 AM inCOUitroom 463 (CM) before Distric t Judge Carlos Murguia.); denyingMotion for Order as to Canie Marie Neighbors ( I) Signed by District Judge

    Murguia on 8/23/10. (yh) (Entered: 08123/2010)404(b) NOTICE by USA as to CaITie Marie Neighbors (Parker.

    (Entered: 08125/2010)

    TO SELF REPRESENTATION

    Regarding Pro Se Mailing: Document 350 Order on Motion toCounsel, mailed on 8/2712010 to pro se pm1y Carrie Neighbors.

    LAH""'''1. 08127/2010)08/3112010 CJA 20 as to Guy M. Neighbors: Appointment of Attorney Mark Bennett. Jf.

    Signed by District Judge Carlos Murguia on 8/31/2010. (yh) (Entered:0813]/2010)

    09/0212010 353 NOTICE OF HEARING as to Defendant Can-ie Marie l\'eighbors. Jury Trialset for 9/13/2010 at 09:00 AM in Courtroom 463 (CM) before District JudgeCarlos Murguia. (This is a TEXT ENTRY ONLY. There is no.pdf documentassociated with this entry.) (jw) (Entered: 09/02/2010)

    09/08/2010 EXHIBIT LIST by USA as to Carrie Marie Neighbors (Parker, Marietta)(Entered: 09/08/2010)

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    Appellate Case: 11-3037 Document: 01018580432 Date Filed: 02/04/2011 Page: 5

    https://lieclksd.uscourts.gov/cgi-hinlDkIKpt.pl'?lhttps://lieclksd.uscourts.gov/cgi-hinlDkIKpt.pl'?l
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    District of Kansas http,:I/ecLksci.uscourts.gov!cgi-bin/DktRptpl? I073' 17683564 ..

    109/17/2010 MOTION to (Dismiss) Disqualify Counsel for ineffective counsel by Guy M.Neighbors. (yh) (Entered: 09/20/2010)PROPOSED JURY INSTRUCTIONS by Carrie Marie Neighbors (Duma,- ___________+-___ ./1 John) (Entered: (9120/2010)

    09/20/2010

    09/20/2010

    09/20/2010

    09/2112010

    09122/2010

    09122/2010

    0912212010

    TRANSCRIPT ORDER FORM: Transcript Requested Competencyon 6/23/2010 re 329 Notice of Appeal - Interlocutory, filed by Guy M.Neighbors (Pilate, Cheryl) (Entered: 09/20/2010)DESIGNATION OF RECORD ON APPEAL by Guy M. Neighbors re 329Notice of Appeal - Interlocutory, ( Appeal No. 10-3202) (Attachments: # 1Appendix)(Pilate, Cheryl) (Entered: 09/20/2010)MINUTE SHEET for jury trial proceedings held before District Judge CarlosMurguia as to defendant Carrie Marie Neighbors on 9/20/2010. (CourtReporter Nancy Wiss.) (This is a TEXT ENTRY ONLY. There is no.pdfdocument associated with this entry. ENTERED FOR STATISTICALPURPOSES ONLY.) Uw) (Entered: 09/2112010)MINUTE SHEET for jury trial proceedings held before District Judge CarlosMurguia as to defendant Carrie Marie Neighbors on 9/2112010. (CourtReporter Nancy Wiss.) (This is a TEXT ENTRY ONLY. There is no.pdfdocument associated with this entry. ENTERED FOR STATISTICALPURPOSES ONLY.) Uw) (Entered: 09/22/2010)ITRANSCRIPT ORDER FORM by Court Reporter Nancy B Wiss ordering. transcripts of Competency Hearing of 6/23/10 re 329 Notice of AppealInterlocutory, liled by Guy M. Neighbors (Appeal No. 10-3202) Transcript due

    by 10/22/2010. (nw) (Additional attachment(s) added on 9/23/2010: #1Legible copy) (kao). (Entered: 09/22/2010)TRANSCRIPT ORDER FORM: Transcript Requested CompetencyProceedings on July 28, 2010 re 329 Notice of Appeal - Interlocutory. filed byGuy M. Neighbors (Pilate, Cheryl) (Entered: 09/22/2010)TRANSCRIPT ORDER FORM by COUl1 Reporter Nancy B Wiss orderingtranscripts of Competency Hearing of7!28/1O re 329 Notice of AppealInterlocutory, filed by Guy M. ~ e i g h b o r s (Appeal No. 10-3202) Transcript dueby 10/22/2010. (nw) (Additional attachment(s) added on 9/23/2010: # J.~ _ " " . ~ . ~ copy) (kao). (Entered: 09/22/2010)ENTIRE MINUTE ENTRY for jury trial proceedings held before DistrictJudge Carlos Murguia as to defendant Carrie Marie Neighbors which began911312010 and was completed on 9/22/2010. Jurylperemptory sheet andwitness sheet attached. Government exhibit sheet filed under separate docketnumber. Defendant is found guilty of counts 1, 3-9, 11 18 of the SecondSuperseding Indictment. Defendant to remain on bond. The governmentrequested the defendant be placed in custody. The court took the matter, in

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    Appellate Case: 11-3037 Document: 01018580432 Date Filed: 02/04/2011 Page: 6

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    District of Kansas htlps:llecLksu.uscouns.gov/cgi-bin!DktRpLpl? 1073117683564 ..

    addition to the forfeiture allegation under advisement and will address at ahearing for a date to be determined by the court. Sentenci ng set for 1/3/2011 at9:00 a.m. (COUl1 Reporter Nancy Wiss.) Uw) (Additional attachment(s) addedon 9/23/2010: # 1 Exhibit Corrected Minute Sheet) (yh). (Entered: 09122/2010)

    09/22/2010 377 EXHIBIT LIST by USA as to defendant CalTie Marie Neighbors. Uw) (Entered: 09/22/2010) ( 09/22/2010 :i/N JURY INSTRUCTIONS as to defendant Carrie Marie Neighbors. (jw)r--------.....! - -.... (Entered: 09/22/2010)JURY VERDICT as to CalTie Marie Neighbors (I) Guilty on Count Iss,3ss-9ss, II ss-19ss. Ow) (Entered: 09/2212010)f ~ ~ ~ e t

    - - - - . ~ - - - ~ ~ .. .._...109122/20]0 1 3XO RECEIPT for govt exhibits from jury trial which began on 911312010 as to

    defendant Carrie Marie Neighbors pursuant to D. Kan. Rule 79.3. (jw)(Entered: 09/22/2010)~ 9 1 2 2 1 2 0 1 0 381 NOTICE OF HEARING as to Defendant Carrie Marie Neighbors. Sentencing I

    II set for 11312011 at 09:00 AM in COUl1room 463 (CM) before District Judge II!:ICarlos Murguia. (This is a TEXT ENTRY ONLY. There is no.pdf document IIL._____ i associated with this entry.) (jW) (Entered: 09/22/2010) i I- - - - ~ ! - - - - - -09/22/2010 138210RDER of lOCCA as to Guy M. Neighbors re 329 Notice of Appeal I I Interlocutory. The unopposed motion by Appellant-Defendant Guy NeighborsI I to consolidate these criminal appea ls is GRANTED. The appeals areI consolidated for procedural purposes only. (Appeal No. 10-3202) (kao)mm m-.---..__.. i I(Entered: 09/23/2010) _____-------1i 09/23/2010 383 INOTICE OF HEARING as to Defendant Carrie Marie Neighbors. BondI IRevocation Hearing set for 9/2812010 at 09:00 AM in Courtroom 463 (CM)

    i I before District Judge Carlos Murguia. (This is a TEXT ENTRY ONLY. Therei is no.pdf document associated with this entry.) (jw) (Entered: 09/23/2010)

    '

    09/23/2010 384 SEALED TRANSCRIPT of Competency Hearing held 6/23/10 as to Guy M. Neighbors before Judge Carlos Murguia, Court Rep0l1er Nancy B Wiss, Telephone number 913-735-2354. Transcript purchased by: Cheryl Pilate. ' \OTKE RE TRAl\SCRIPTS: \.\'iihin 7 cakmlarHf this filing, ('arh shall illfonn tiw COllrt, b) a ';'olin- of Inh'nito Reciad, of the party's Illtent to rCthH" pe'-'ionai (in!:" idnltiHers fnnn Owelectronic transcript of the court pnH.'ceding. Tilt' polky i::. lonl!ed 011 (IiIrwl.'hsite at PitaS(' rnld this polky nm:fuHy. I f ii ,.'iotice of Intent to Redact is fil(>d within tI1\:' allotted link.lhiswii! he, made d t ~ d r o n k a n ) avaiiahk on the date set forth helol,\",Transcript may be viewed at the court public terminal or purchased through theCourt Reporter/Transcriber before the deadline for Release of TranscriptRestriction. After that date it may be obtained through PACER. Release of

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    District of Kansas h t t p s : i ! e c f . k s d . u s c o u r t s . g o v ! c g i ~ b i n / D k t R p t . p l ? I 073117683564 ..

    09/28/2010

    10/04/2010

    1010512010

    10/07/2010

    10/13/2010

    ,IRECORD ON APPEAL transmitted to IOCCA via email as to Guy I Neighbors (Volumes I-III) re 329 Notice of Appeal. (Appeal No. 10-3202) I (kao) (Entered: 09/27/2010) I MOTION for New Trial and motion /01' acquittal by CalTie Marie Neighbors.

    (Duma, John) (Entered: 09/27/2010) ORDER of IOCCA as to Guy M. Neighbors. Cheryl A. Pilate is appointed as attorney of record to represent the appellant, Guy M. Neighbors. This appointment is effective nunc pro tUllC to the date the notice of appeal was tiled in this matter. (Appeal No. 10-3202) (kao) (Entered: 09/27/2010) ~ I N U T E ENTRY for proceedings held before District Judge Carlos Murguia: BOND REVOCATION HEARING as to Canie Marie Neighbors held on 9/2812010. Marietta Parker and Chris Oakley appeared on behalf of the government. Defendant appeared in person and through counsel. Jolm Duma. Defendant advised of her rights. After further argument, and the introduction of exhibits A, B, C and D, the court granted the government's oral motion for detention pending sentencing. The court struck from the record defendant's Motion for Leave to File a Second or Successive ~ o t i o n to Vacate. Set Aside or Correct Sentence under 28 USc . 2255 by a Prisoner in Federal Custody because she filed the motion pro se while represented by counsel. Defendant remanded to custody. (Court Reporter Nancy Wiss.) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) Uw) Modified on 10/5/2010 (yh). (Entered: 09/28/2010) MOTION for Extension of Time to File Response/Reply by USA as to Canie Marie Neighbors. (Parker, Marietta) (Entered: 10/04/2010) SUPPLEMENTAL RECORD ON APPEAL transmitted to 1 M. Neighbors re 329 Notice of Appeal. (Appeal No. 10-3202)10104/2010)

    398 ORDER granting Motion for Extension of Time to FileCarrie Marie Neighhor'> (I). The government's response is due no later than10/12/2010. Signed by District Judge Carlos Murguia on 10/5/2010. (This is aTEXT ENTRY ONLY. There is no.pdf document associated with this entry.)Uw) (Entered: 10/05/2010)RESPONSE TO MOTION by USA as to Carrie Marie Neighbors reMOTION for New Trial and motion/or acquittal (Parker, Marietta) (Entered:10107/2010)ORDER of lOCCA as to Canie Marie Neighbors. Canie Neighbors filed amotion for leave to file a second or successive 28 U.S.C. 2255 motion tovacate, set aside or correct her sentence. On September 2010. Ms.Neighbors was convicted; she has not yet been sentenced and has notpreviously filed a 2255 motion. Because of this she does not need

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    District of Kansas https:llecLksd.uscourts.gov/cgi-binlDktRpLpP 1073117683564 ...

    ! Ii Iuthorization from this court to file her first 2255 motion (we do note, I however, that any 2255 motion challenging Ms. Neighbors sentence would I i be premature at this point since she has not yet been sentenced). Accordingly, I I I we DISMISS as unnecessary Ms. Neighbors motion for authorization. (Appeal Il-.---.---- _._ ~ o . 10-3251) (Attachments: # LTransmittal Letter)(kao) ( E n ~ e r ~ : 1 0 ! ~ / 2 ~ ~ ~ 110/25/2010 r40 1 MOTION to Appoint New Counsel by Carrie Marie Neighbors. (yh) (Entered: I i I 10/26/2010) , i 10/26/2010 \402 NOTICE OF HEARING ON MOTION a ~ - ~ C ~ I T i e Marie Neighbors ~ U J 1 I i MOTION to Appoint Counsel: Motion Hearing set for 1118/2010 at 09:00 AM i I in COUl1room 463 (CM) before District Judge Carlos Murguia. (This is a TEXT i I ENTRY ONLY. There is no.pdf document associated with this entry.) (jw) Ii (Entered: 10/26/2010) i t - - - ..-.-------- .......- ...--.-.-..-- -...-..... -.----..----....--------.-.------:----------. _ - - - - - j ! 11102/2010 Ql ORDER of IOCCA as to Guy M. NeIghbors re 329 NotICe of Appeal. The !

    II Motion to Withdraw and for Appointment of Substitute Counsel filed byI Appellants counsel of record in these appeals (Melanie S. Morgan and Cheryl I

    A. Pilate) is granted. Th e court finds that Appellant is eligible for, and the II interests of justice require, the appointment of other counsel to assist with these I i appeals. We appoint the Office of the Federal Public Defender for the Districts i ! of Colorado and Wyoming (the FPD) as counsel for Appellant. See Order for I

    further details. (Appeal No. 10-3202) (kao) (Entered: 11103/2(10) !I 11/08/2010 404 MINUTE ENTRY for proceedings held before District Judge Carlos Murguia: ,

    MOTION HEARING as to Can-ie Marie Neighbors held on 1118/2010 re j i l 1 Motion to Appoint Counsel as to Can-ie Marie Neighbors (1). Marietta Parker IIappeared on behalf of the government. Defendant appeared in person and through counsel, John Duma. After further argument, the court denied i(i 1 Motion to Appoint Counsel as to Can-ie Marie Neighbors (1). Defendant's counsel orally requested the court move the sentencing hearing back one week

    Reporter Nancy Wiss.) (This is a TEXT ENTRY ONLY. There is no.pdf - granted. Sentencing set for 1/l 0/20 II at 09:00 AM in Courtroom 463 (CM) I before District Judge Carlos Murguia. Defendant remanded to custody. (Court I

    II document associated with this entry.) (jw) (Entered: 11 IOR/201O) , ~ - - - - - - - - ~ - - - - ~ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - . - - - - - - - - - - - - - - - _ _ 1 1110812010 405 OBJECTION(S) to 395 Bond Revocation Hearing by Carrie Marie Neighbors I I (yh) (Entered: ] 1I09/20lO) i ----j

    11/17/2010 406 MOTTON for Jury Trial on Fort'eiture and Recovery of Seized Property by I Carrie Marie Neighbors. (yh) (Entered: 11/18/2(10) I r - - - - - - - - . - - - - -+ - -+ - - - - - . - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - . - - - - . - - - - i 12/0112010 407 RESPONSE TO MOTION by USA as to Carrie Marie Neighbors re -t(IO i

    MOTION for order jury trial on forfeiture and recovery of seized property I(Attachments: # 1. attachment)(Parker, Marietta) (Entered: 12/01120 I0)-

    (12/02120l0 :1-()8":MEMORANDUM AND ORDER denying fLl Motion for a Judgment of 'r--- - ~ d - ' A c q u i t t a l or in the Alternative a Motion for a New Trial as to Carrie Marie i

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    Appellate Case: 11-3037 Document: 01018580432 Date Filed: 02/04/2011 Page: 9

    https://lleclksd.uscourts.gov/cgi-binlDktRpLpPhttps://lleclksd.uscourts.gov/cgi-binlDktRpLpP
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    District of Kansa, hltps://ecf.ksd.uscouns.gov/cgi-bin/DkIRpr.pl?lOn I 176g3564 ...

    12/08/2010

    1211512010

    12/2812010

    01/03/2011

    Neighbors (1). Signed by District Judge Carlos .YI.urguia on 1212/2010. Ow)(Entered: 12/02/2010)NOTICE of receipt of ]) luidicial Notice and 2) Alticle of the Pretrial TrialBailReform Act of 1984 sent by defendant Guy M. Neighbors and placed onthe left of the file. (yh) (Entered: 12/09/2010)

    lD2 ORDER denying Motion for Order as to Carrie Marie Neighbors (I);overruling 40.'2, Defendant Carrie Neighbors's Objection to the Bond

    Signed by District Judge Carlos Murguia on 12115/2010. (jw)12115/2010)

    Regarding Correspondence Received as to Guy S. Neighbors: Nowill be taken at this time, und defendant is advised that any relief sought

    should be directed to the judge to whom the case is assigned. Signed by ChiefJudge Kathryn H. Vratil on 12/28/2010. Mailed to Gu y Neighbors by regularNotice) (mg) (Entered: 12128120

    TRANSCRlPT ORDER FORM: Requesting Transcripts from Hearings of811l/09 and 12/8/09 re 329 Notice of Appeal Interlocutory, filed by Guy M.Neighbors. (Recvd from IOCCA) (kao) (Entered: 01/03/2011)

    INVESTIGATION REPORT as to Carrie Marie Neighbors

    (USPO) (Entered: 01103/2011)TRANSCRIPT ORDER FORM by Court Reporter Nancy Wiss orderingtranscripts of Motions Hearing of 8/11/09 and Competency Hearing of 12/8/09re 329 Notice of Appeal Interlocutory, filed by Guy M. Neighbors ( Appeal

    10-3202) Transcript due by 2/3/201 L (nw) (Entered: 01/04/2011)of Motion Hearing held 8/ll/09 as to Guy M. Neighbors before

    Judge Carlos Murguia, Court Reporter Nancy Wiss, 913-735-235 4,[email protected] . Transcript purchased by: Howard A Pincus.

    RE REDACnO:"'; 01 THANSC1UPTS: \-Vilhin i t'uieudu,'of Ihis filing, each part. ' sfwH inform the b;V a qj' lnh:ntttl I

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    District of Kansas https;/lecf.ksd.uscourts.govicgi-hinJDktRpt.pl') J073117683564 ...

    01112120 I I MOTION for Forfeiture of Property by USA as to Carrie Marie Neigllbors.(Oakley, Donald) (Entered: 01112/2(11)

    ENTRY for proceedings held before District Judge Carlos Murguia:SENTENCING HEARING held on 1112/2011 as to defendant Carrie MarieNeighbors. Chris Oakley appeared on behalf of the government. Defendantappeared in persoll and through counsel, John Duma. Defendant advised of herrights. Government called David Nitz as a witness and entered exhibit I intothe record. Defendant entered exhibi t 401 into the record. Exhibits retained bythe COUIt. The court confirms that defendant has received and reviewed withcounsel the Presentence Investigation Report (PS1R). The PSIR is made a partof the official record and shall be maintained under seal. See JCC for furtherdetails. Government moved for dismissal of remaining indictments - granted.Defendant remanded to custody. (Court Rep0l1er Nancy Wiss.) (This is aTEXT ENTRY ONLY. There is no.pdf document associated with this entry.)Uw) (Entered: 0 I112/20 I I)

    01/14/2011 NOTICE of receipt as to Guy M. Neighbors: Documents as follows: JudicialNotices (3), and Letter to the Clerk. Documents are kept on the left of the filein the clerk's office. (yh) (Entered: 01114/2011)

    as to Carrie Marie Neighbors (1), Count(s) 1. lOss. 11-15,I s-15s, 16-19, 16s-19s, 19ss, Is , 20s, 25S, 3 ~ 9 , 3s-9s, Dismissed.; Count(s)

    II ss-15ss, 3ss-9ss, 97 months imprisonment to run concurrent: 2 yearssupervised release: $100.00 assessment. $1 ,437.82 restitution.; Count(s)16ss-18ss, 97 months imprisonment to run conCUITent: 2 years supervisedrelease: S100.00 assessment. $1,437.82 restitution.:; Count(s) 155,60 monthsimprisonment to run concurrent: 2 years supervised release: $100 .00

    $1,437.82 restitution. Signed by District Judge Carlos Murguia on11. (yh) (Entered: 011l41201l)

    OF REASONS as to Carrie Marie Neighbors re Judgment.,

    11)documents titled "Notice of by way of AfI1davit" as to

    Guy M. Neighbors: Documents on left of tile. (There are no documentsattached with this entry) (yh) (Entered: Oli1912011)429 NOTICE of receipt of document titled "Judicial Notice by way of Affidavit" as

    to Guy M. Neighbors. Placed on left of file. (There is no document attached tothis entry) (yh) (Entered: 0 1119/20 11)

    430 NOTICE of receipt of Affidavit of Judicial Notice as to Guy M. Neighbors.(There is no pdf. associated with this entry) (kept on left of file) (yh) (Entered:

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    Appellate Case: 11-3037 Document: 01018580432 Date Filed: 02/04/2011 Page: 11

    http:///reader/full/1,437.82http:///reader/full/1,437.82http:///reader/full/1,437.82http:///reader/full/1,437.82
  • 8/7/2019 Case 11-3037 Carrie Neighbors

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    District of Kansas Imps:l/ecf.k5d .uscourts.gov/cgJ-biniDktRpLpl?107':; 11768356:[ ..

    NOTICE of receipt of AfIldavit of Judicail Notice as to Guy M. Neighbors.(There is no pdf. associated with this entry)(kep1 on left of nle) (yh) (Entered:01/25/2011)

    OF APPEAL TO lOCCA as to defendant Carrie Marie Neighborsnotice of appeal in relation to adverse rulings, conviction and sentence (Duma.John) (Entered: 01/26/2011)

    - - - - - - - . - - - - - - - - - - - - - - ~ - - - - - - - - - - - - - - - - - - - - - - - - - - - - . - - ~ PRELIMINARY RECORD ON APPEAL transmitted to IOCCA as to CarrieMarie Neighbors re ") Notice of Appeal - Final Judgment. (Attachment: # 1

    Record)(kao) (Entered: 01/26/2011)r - - - - - - - - - ~ - - - - ~ ..--------.--------- ..- - - . - . - - - - - - - - - - - - - - - - - - - - - ~ DOCKETED in lOCCA on 1126/11 and assigned Appeal No.

    11-3037 re Notice of Appeal Final Judgment liled by Carrie Marie(Entered: 01/26/20 II )

    FORM: Transcript Requested Motion hearing. TriaLNotice of Appeal - Final Judgment filed by Carrie MarieJohn) (Entered: 01126/20] I)

    AMENDED NOTICE OF APPEAL by Carrie Marie Neighbors re Noticeof Appeal Final Judgment. (*Note: Per IOCCA lhis document shall beOCl