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

UNITED STATES COURT OF APPEALS


FOR THE TENTH CIRCUIT

United States of America


Appellee,
v.
Carrie Neighbors
Defendant.

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 court’s 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 Docket
Activity 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 is
an 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: 01018580432 Date Filed: 02/04/2011 Page: 1

District of Kansas httpsj/ecf.ksd.llscollns.gov!cgi-bin!DklRpLpl"lI0731176~3564 ...

,> ,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

Surety
Carrie Marie Neighbors

Surety
Guy Madison Neighbors

Assigned to: District Judge Carlos


Murguia
Referred to: Magistrate Judge James P.
O'Hara
Appeals court case numbers: 10-3185

lOCCA, 10-3188 IOCCA, 10-3243

IOCCA, 11-3037 IOCCA

Defendant (1)
Carrie Marie Neighbors represented by Jacquelyn E. Rokusck
Yellow House Store Rokusek Law Office

1904 Massachusetts 105 E. Park St.

Lawrence, Ks 66046 Olathe, KS 66061


1104 Andover, Lawrence, Kansas 66049 913-948-9311
TERMINATED: 01/14/2011 Fax: 913-948-6681
Email: rokuseklawoffice@yahoo.com
TERMINATED: OS/22/2008
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

JohnM.Duma
303 E. Poplar
Olathe. KS 66061
913~782-7072

1 of 56 2/1111 12:18 PM
Appellate Case: 11-3037 Document: 01018580432 Date Filed: 02/04/2011 Page: 2

Di ,tricl of Kan<;as http':llecLksd.uscourts.gov/t;gi-binlDktRpt.pPI073117683564 ...

at 01 :30 PM in Courtroom 463 (CM) before District Judge Carlos Murguia. Us)
I
I ~.~ _ _ ~_~~+- __...+-_ _ _ _02/20/2008
_____ ) _ _ _ _ _ _ _ _ _ _ _ _ _.________..__-----'

02/25/2008 to Require United States to Release Notice of Lis Pendens by Carrie

If
Marie Neighbors. (Gibson, Phillip) (Entered: 02125/2008)
02;25;2008--I--.-~(-)+-M-I-N-U-T-E-E-,N-T-R-Y--f-o-r-p-ro--c-'e~e'-dl-'n-g-s-h-el-d-[-)e-f-or-e-D-is-tr-i·c-t--J-u-d--ge·-·C..···a··rI-'o"'-s-"M"--u~r'-g-u-ia--: -j
Motion Hearing as to Carrie Marie Neighbors, Guy Madison Neigbbors held
on 2/25/200R, (Court Reporter Nancy Wiss.) Us) (Entered: 02/28/2008)

MINUTE ENTRY for proceedings held before District Judge Carlos Murguia:
granting Motion for Extension of time to file pretrialmotioIls as to Carrie
Marie Neighbors (l); granting 34 Motion to Continue as to Carrie Marie
Neighbors (1); granting Motion for Extension of time to fi Ie pretrial motions
as to Carrie Marie Neighbors (l), Guy Madison Neighbors (2); Motion Hearing
I as to Carrie Marie Neighbors and Guy Madison Neighbors held on 2/25/2008.
This case will be set for trial in September. Counsel to submit proposed order
I to the court. (Court Reporter Nancy Wiss.) (yh) (Entered: 02/28/2008)

02/2712008 : SUPERSEDING INDICTMENT as to Carrie Marie Neighbors (1) count( s) 1s,


\~~___-=-'--r......;,;o4 3s-9s, l1s-15s,16s-19s. 20s, and Guy Madison Neighbors (2) count(s) 1s,
2s-155, 16s-19s, 20s. (yh) Modified on 3/20/2008 to edit counts(yh). (Entered:
• 02/28/2008)

03/04/2008 to Motion by USA as to Carrie Maric Keighbors re MOTION


Require United States to Release Notice of Lis Pendens (Parker, Marietta)
(Entered: 03/04/2008)

RESPONSE to Motion by USA as to Carrie Marie Neighbors re MOTION


to Require United States to Release Notice of Lis Pendens "Amended
. Response" (Parker, Marietta) (Entered: 03/06/2008)

03/07/2008 MOTION to Consolidate Cases by Carrie Marie Neighbors. (Gibson, Phillip)


(Entered: 03/07/2008)
03/07/2008 · Summons Issued as to Carrie Marie Neighbors, Guy Madison Neighbors(
I Arraignment set for 3/19/2008 at 02:00 PM in Courtroom 223 (DJW) before
Magistrate Judge David 1. Waxse) (nun) (Entered: 03/0712008)

03117/2008 RESPONSE to Motion by USA as to Carrie Marie Neighbors, Guy Madison


I Neighbors reMOTION to Consolidate Cases (Parker, Marietta) (Entered:
.03/17/2008)

47 MINUTE ENTRY for proceedings held before Magistrate Judge Gerald L.


Rushfelt: Arraignment as to Carrie Mmie Neighbors (1) on Counts Is, 3s-9s,
11s-20s of the Superseding Indictment held on 3/19/2008, Release order
in effect. (mg) (Entered: 03/20/2(08)

II of 56 211111 12:18 PM
Appellate Case: 11-3037 Document: 01018580432 Date Filed: 02/04/2011 Page: 3

i 07/27 /2UO() ! MOT ION fur Di",:O\ ery of FrclIl/lillorr (/nd !//Ipeachil/I.!. "1/( mila!ion lillder

Hrady v. Alof\/({lId (Illd/or Disc'o,cr) Ullda NlIlc /6 (illY \1. .,\(~i~hl~\)r~,

i (pilate. Chl.~ryl) (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 Supprc,,~ 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:\ tIl JiSrlll"S cuunb hnteiturc }\llcgatiull 11 by ;\1.


Neighhors as 10 Cmrie Mark '\;eighhor\. Guy M. ;"kighh( \1·S. (PiJak'. Cheryl)
(Enrcn:d: 07!27!20Uc))

Joint MOTION for DhCO\ ery IIl/Or!1ltlfioll Pcrlail1ill:~ 10 An/leN(' Aliller ulld
Her COi1t(lc/s Hilll Lmr D(ji)J'('f!iIlcllt by Guy 1\1. Ncighbor~ a" \() Carne Marie
Nl'ighbors, Guy \1. ?\cighbor~. (Pilate, Cheryl) (Entered: 07!'71()()9)

JzESPONSE til 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 l J J

RESP()!\SF ((1 \lotiOIl hy liS·\ :1" to eIlT]': \I:trie Neit!hhm'. (iuy \1.
0kighhors ft' J S8 MOTION fur Die-,covcrv of i".xclil pato!'Y and r1Il11l.'<ll'hi Il~'
rntonnation t'lllk'f I3r:ldy \. \hrybml and tor Di"t'llvery {'Ilck! Rule' 16.
(Parker, Marietta 1 (Entered: 08/0:;120(9)

(lx/OS; 2009 RL~SP()NSE to iV!ll[ioll by USA as tn Clrrie i\brie Ncighb()r~. Guy M,

Neighbors re I'; Joint "'1.'101'10::-'; to cJiSlllis~ counts Forfeiture .\l1e!lation II.

(Parker. Marietta) (t:nkred: OS/OS/20(9)

01-i;OS/2009 RESPO!\SE [0 \'lotion by USA a~ to Cl1Tic Maric Neighbor". Guy i\\.

:-Jcighbors re .'\101'ION in Lim inc. (Attachments: # Exhihit)( P,rrkCl'

:Y1arit.:tta) (L~nh.::red: 01-iiUSi20(9)

OS05;lU09 RESPONSI~ to \:lotiorl by USA as to CalTie Maril' Ncighb()r~. GUy i\1

Neigl1bors re j.;; MOT10N to Sup]'re:,;;. (AU;lChlllcnts: It Exhibit. ,~

Exhibit. #;. Exhibit. Exhihit. j(' Exllibit)(Parker, MarktLI) (Entered:

OB/05/20(9)

\10TION in Limine by USA::Is lo Carr!,' l\brie Nl~i~hb()rs, (ill:' M. NeightloJ'.'.:


i Parker. rvLirictta) d:'.nh:lcd: IlX!05i200'))

NOTreE of Withurlmal of J\lotioll for Reinst;llemcllt Prelrj;d RekdSl: a" •


to Guy M. Neighbors. (Pilate. Cheryl) (\~Jlten:d: 08!07/2()09)

OX/07/l0(N MrNUTE ENTRY for proceedings held before District Judge Cario" Murguia:

Mution Hearing de-, to Guy M. Nejgh~,l)f, held 011 8!71200l) re \10TlOi\ for

order Rt.:instatcmcnt of Pretrial Release tiled hy Guy M. Neighhors and

Notice of Withdrawal (If \:10tl011 for Rein,tatcmcnt of Pretrial Release.

.~ I I I; I s 1'\ 1
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is no.pdf document associated with this entry.) (jw) (Entered:

08/12/20] 0 to provide service of subpoenas for August 20th


Marie Neighbors. (kao) (Entered: 08112/2010)

08/] 2/2010 appeal as frivolous (Docs. 328 & 329) as to Guy S.

Neighbors. Signed by District Judge Carlos Murguia on 8/12/2010. (jw)

(Entered: 081l2i20 10)

MOTION to Sever Defendant by USA as to Carrie Marie Neighbors.


(Attachments: # 1 U.S. v. Gagan, 95 Fed.Appx. 941,2004 WL 848602)(Parker,
(Entered: 08/13/2010)

08117/2010 ORDER denying 3-tu Motion for Subpoena as to Cmie Marie Neighbors (I).
Signed by District Judge Carlos Murguia on 8/17/10. (cc: Carrie Neighbors)
(yh) (Entered: 08/17/2010)

MINUTE ENTRY for proceedings held before District Judge Carlos


MOTION HEARING as to Carrie Marie Neighbors held on 8/2012010 re
v .... ".,'u'''u.''h pretrial motions. Marietta Parker and TelTa Morehead appeared on
of the government. Defendant appeared in person and with standby
John Duma. The government offered the following witnesses: Micky
Jay Bialek and David Nitz:. Exhibit sheet attached. The court will rule
the motions at the Motion Hearing set for 8/2312010 at 1]:45 AM in
463 (CM) before District Judge Carlos Murguia. Defendant to
on bond. (Court Reporter Nancy Wiss.) (jw) (yh). (Entered:

ENTRY for proceedings held before District Judge Carlos Murguia:


HEARING as to Carrie Maric Neighbors held on X/23/20 10.
Parker and TelTa Morehead appeared on behalf of the government.
Defendant appeared in person and with standby counsel, John Duma.
Defendant advised of her rights. For the reasons set forth on the record in the
hearing, the court made the following rulings pertaining to CalTic 'Keighbors
only: granting United States' Motion for Severance Filed Pursuant to F. R.
Crim. P. 14 (Docs. 238 in 07-20073, 342 in 07-20124,191 in 08-20105),
denying United States Third Motion for Mental Examination Pursuant to Title
18, United States Code, Section 4241 (Docs. 184 in 07-20073.285 in
07-20124,139 in 08-20105), denying Defendant 1 's Amended Motion to
Dismiss (Docs. 141 in 07-20073, 240 in 07-20124, 98 in 08-20105), denying as
moot Defendant 1 's Motion to Dismiss Case 'Ko: 07-20073-CM With
• Prejudice (Doc. 132 in 07-20073), denying Defendant's Joint Motion to

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ORDER denying l~.~ Motion for Reconsideration as to Carrie Marie


Neighbors (1); denying ~c~() Motion to Dismiss Complaint/Case as to Canie
Marie Neighbors (1); granting Motion to Sever Defendant as to Carrie
Marie Neighbors (1); granting in part and denying in part Motion in
Limine as to Carrie Marie Neighbors (l); denying Motion to Suppress as
to Carrie Marie Neighbors (l); denying Motion to Dismiss Counts as to
Carrie Marie Neighbors (1); denying J92 Motion for Discovery as to Canie
Marie Neighbors (1): granting Motion in Limine as to Canie Marie
Neighbors (1); denying} Motion to Strike as to Carrie Marie Neighbors (1);
denying ;2(.. Motion to Exclude as to Carrie Marie Neighbors (1); denying
Motion to Exclude as to Canie Marie Neighbors (I): denying Motion to
Strike as to Carrie Marie Neighbors (I); finding as moot Motion for Return
of Property as to Carrie Marie Neighbors (1); denying Motion for Hearing
as to Carrie Marie Neighbors (1)( Jury Trial set for 9113/2010 at 09:00 AM in
COUitroom 463 (CM) before District Judge Carlos Murguia.); denying
Motion for Order as to Canie Marie Neighbors ( I) Signed by District Judge
Murguia on 8/23/10. (yh) (Entered: 08123/2010)

08/25/2010 404(b) NOTICE by USA as to CaITie Marie Neighbors (Parker.


(Entered: 08125/2010)

08/26/2010

TO SELF REPRESENTATION

Regarding Pro Se Mailing: Document 350 Order on Motion to


Counsel, 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 Trial
set for 9/13/2010 at 09:00 AM in Courtroom 463 (CM) before District Judge
Carlos Murguia. (This is a TEXT ENTRY ONLY. There is no.pdf document
associated 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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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 TRANSCRIPT ORDER FORM: Transcript Requested Competency


on 6/23/2010 re 329 Notice of Appeal - Interlocutory, filed by Guy M.
Neighbors (Pilate, Cheryl) (Entered: 09/20/2010)

09/20/2010 DESIGNATION OF RECORD ON APPEAL by Guy M. Neighbors re 329


Notice of Appeal - Interlocutory, ( Appeal No. 10-3202) (Attachments: # 1
Appendix)(Pilate, Cheryl) (Entered: 09/20/2010)

09/20/2010 MINUTE SHEET for jury trial proceedings held before District Judge Carlos
Murguia as to defendant Carrie Marie Neighbors on 9/20/2010. (Court
Reporter Nancy Wiss.) (This is a TEXT ENTRY ONLY. There is no.pdf
document associated with this entry. ENTERED FOR STATISTICAL
PURPOSES ONLY.) Uw) (Entered: 09/2112010)

09/2112010 MINUTE SHEET for jury trial proceedings held before District Judge Carlos
Murguia as to defendant Carrie Marie Neighbors on 9/2112010. (Court
Reporter Nancy Wiss.) (This is a TEXT ENTRY ONLY. There is no.pdf
document associated with this entry. ENTERED FOR STATISTICAL
PURPOSES ONLY.) Uw) (Entered: 09/22/2010)

I TRANSCRIPT ORDER FORM by Court Reporter Nancy B Wiss ordering


. transcripts of Competency Hearing of 6/23/10 re 329 Notice of Appeal
Interlocutory, liled by Guy M. Neighbors (Appeal No. 10-3202) Transcript due
by 10/22/2010. (nw) (Additional attachment(s) added on 9/23/2010: # 1
Legible copy) (kao). (Entered: 09/22/2010)

09122/2010 TRANSCRIPT ORDER FORM: Transcript Requested Competency


Proceedings on July 28, 2010 re 329 Notice of Appeal - Interlocutory. filed by
Guy M. Neighbors (Pilate, Cheryl) (Entered: 09/22/2010)

09122/2010 TRANSCRIPT ORDER FORM by COUl1 Reporter Nancy B Wiss ordering


transcripts of Competency Hearing of7!28/1O re 329 Notice of Appeal
Interlocutory, filed by Guy M. ~eighbors (Appeal No. 10-3202) Transcript due
by 10/22/2010. (nw) (Additional attachment(s) added on 9/23/2010: # J.
~_"".~.~ copy) (kao). (Entered: 09/22/2010)

0912212010 ENTIRE MINUTE ENTRY for jury trial proceedings held before District
Judge Carlos Murguia as to defendant Carrie Marie Neighbors which began
911312010 and was completed on 9/22/2010. Jurylperemptory sheet and
witness sheet attached. Government exhibit sheet filed under separate docket
number. Defendant is found guilty of counts 1, 3-9, 11 18 of the Second
Superseding Indictment. Defendant to remain on bond. The government
requested the defendant be placed in custody. The court took the matter, in

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addition to the forfeiture allegation under advisement and will address at a


hearing for a date to be determined by the court. Sentenci ng set for 1/3/2011 at
9:00 a.m. (COUl1 Reporter Nancy Wiss.) Uw) (Additional attachment(s) added
on 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)

( r--------.....
09/22/2010 :i/N
!--.••...
JURY INSTRUCTIONS as to defendant Carrie Marie Neighbors. (jw)
(Entered: 09/22/2010)

f~~~et
JURY VERDICT as to CalTie Marie Neighbors (I) Guilty on Count Iss,
3ss-9ss, II ss-19ss. Ow) (Entered: 09/2212010)
----.~--- - ~~ .. ,.._....

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)

~912212010
(Entered: 09/22/2010)

381 NOTICE OF HEARING as to Defendant Carrie Marie Neighbors. Sentencing I


II
I set for 11312011 at 09:00 AM in COUl1room 463 (CM) before District Judge I

I !
:
IL._____ i
I
Carlos Murguia. (This is a TEXT ENTRY ONLY. There is no.pdf document
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 Neighbors
I
I I to consolidate these criminal appeals is GRANTED. The appeals are
I consolidated for procedural purposes only. (Appeal No. 10-3202) (kao)
l-.---..__.. i I (Entered: 09/23/2010) mmm _ _ _ _ _ -------1

i 09/23/2010 383 INOTICE OF HEARING as to Defendant Carrie Marie Neighbors. Bond


I I Revocation Hearing set for 9/2812010 at 09:00 AM in Courtroom 463 (CM)
il I before District Judge Carlos Murguia. (This is a TEXT ENTRY ONLY. There
i 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 cakmlar


Hf this filing, ('arh shall illfonn tiw COllrt, b) a ';'olin- of Inh'ni
to Reciad, of the party's Illtent to rCthH" pe'-'ionai (in!:" idnltiHers fnnn Ow
electronic transcript of the court pnH.'ceding. Tilt' polky i::. lonl!ed 011 (IiIr
wl.'hsite at PitaS(' rnld this polky nm:fuHy. If iii,
.'iotice of Intent to Redact is fil(>d within tI1\:' allotted link.lhis
wii! he, made dt~dronkan) avaiiahk on the date set forth helol,\",

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. Release of

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,
I RECORD 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)

09/28/2010 ~INUTE 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 ~otion 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)

10/04/2010 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)

1010512010 398 ORDER granting Motion for Extension of Time to File


Carrie Marie Neighhor'> (I). The government's response is due no later than
10/12/2010. Signed by District Judge Carlos Murguia on 10/5/2010. (This is a
TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)
Uw) (Entered: 10/05/2010)

10/07/2010 RESPONSE TO MOTION by USA as to Carrie Marie Neighbors re


MOTION for New Trial and motion/or acquittal (Parker, Marietta) (Entered:
10107/2010)

• 10/13/2010 ORDER of lOCCA as to Canie Marie Neighbors. Canie Neighbors filed a


motion for leave to file a second or successive 28 U.S.C. § 2255 motion to
vacate, set aside or correct her sentence. On September 2010. Ms.
Neighbors was convicted; she has not yet been sentenced and has not
previously filed a § 2255 motion. Because of this she does not need

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! Ii authorization from this court to file her first § 2255 motion (we do note,
II'

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 I

l-.---.---- _._ ~o. 10-3251) (Attachments: # LTransmittal Letter)(kao) (En~er~: 10!~/2~~~

110/25/2010 r 40 1 MOTION to Appoint New Counsel by Carrie Marie Neighbors. (yh) (Entered: I

i I 10/26/2010) ,

i 10/26/2010
I
\402
i
NOTICE OF HEARING ON MOTION a~-~C~ITie
Marie Neighbors
MOTION to Appoint Counsel: Motion Hearing set for 1118/2010 at 09:00 AM

~UJ 1

i I in COUl1room 463 (CM) before District Judge Carlos Murguia. (This is a TEXT

i
it---..-.--------
! 11102/2010
t
I
±Ql
ENTRY ONLY. There is no.pdf document associated with this entry.) (jw)

(Entered: 10/26/2010)
.......- ...--.-.-..---...-..... -.----..----....--------.-.------:----------. _
ORDER of IOCCA as to Guy M. NeIghbors re 329 NotICe of Appeal. The
I

i
!
-----j

II Motion to Withdraw and for Appointment of Substitute Counsel filed by III

I
Appellants counsel of record in these appeals (Melanie S. Morgan and Cheryl I

I A. Pilate) is granted. The court finds that Appellant is eligible for, and the I

I 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: ,I

MOTION HEARING as to Can-ie Marie Neighbors held on 1118/2010 re jil 1

Motion to Appoint Counsel as to Can-ie Marie Neighbors (1). Marietta Parker


II

appeared 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

- 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

Reporter Nancy Wiss.) (This is a TEXT ENTRY ONLY. There is no.pdf


I

document associated with this entry.) (jw) (Entered: 11 IOR/201O) I,

~--------~----~-------------------------------------.---------------__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)


r--------.-----+--+-----.------------------------------------.----.----i

12/01120 10 407 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 III

(Attachments: # 1. attachment)(Parker, Marietta) (Entered: 12/01120 I0)

(12/02120l0
- :1-()8":MEMORANDUM AND ORDER denying fLl Motion for a Judgment of 'Ii

r--- -~d-'Acquittal or in the Alternative a Motion for a New Trial as to Carrie Marie i

52 of 56 211ill 12:18 PM
Appellate Case: 11-3037 Document: 01018580432 Date Filed: 02/04/2011 Page: 10

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

Neighbors (1). Signed by District Judge Carlos .YI.urguia on 1212/2010. Ow)


(Entered: 12/02/2010)

12/08/2010 NOTICE of receipt of ]) luidicial Notice and 2) Alticle of the Pretrial Trial
BailReform Act of 1984 sent by defendant Guy M. Neighbors and placed on
the left of the file. (yh) (Entered: 12/09/2010)

1211512010 lD2 ORDER denying Motion for Order as to Carrie Marie Neighbors (I);
overruling 4·0.'2, Defendant Carrie Neighbors's Objection to the Bond
Signed by District Judge Carlos Murguia on 12115/2010. (jw)
12115/2010)

12/2812010 Regarding Correspondence Received as to Guy S. Neighbors: No


will 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 Chief
Judge Kathryn H. Vratil on 12/28/2010. Mailed to Guy Neighbors by regular
Notice) (mg) (Entered: 12128120

01/03/2011 TRANSCRlPT ORDER FORM: Requesting Transcripts from Hearings of


811l/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 ordering


transcripts of Motions Hearing of 8/11/09 and Competency Hearing of 12/8/09
re 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, 913-735-2354,
nancy_wiss@ksd.uscourts.gov. 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:nt
ttl I<cdm.. t, of the jJnrty's intent (0 redact personal data idl.cntifiers rnm; ih(~
cledmnic trans{:ript or the court proceeding. The is located lIll {HU

of Intent to Rcdaft is flied wHhin tIll' ailoU{'d rirne, tilis

bt made cicctnmkaHy asmiablc on the date sd forth bt.'lo\f,

Transcript may be viewed at the court public terminal or purchased through the
Reporterrrranscriber before the deadline for Release of Transcript
After that date it may be obtained through PACER. Release of

53 of 56 2/1/11 12:18 PM
Appellate Case: 11-3037 Document: 01018580432 Date Filed: 02/04/2011 Page: 11

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

01112120 II 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 Marie
Neighbors. Chris Oakley appeared on behalf of the government. Defendant
appeared in persoll and through counsel, John Duma. Defendant advised of her
rights. Government called David Nitz as a witness and entered exhibit I into
the record. Defendant entered exhibit 401 into the record. Exhibits retained by
the COUIt. The court confirms that defendant has received and reviewed with
counsel the Presentence Investigation Report (PS1R). The PSIR is made a part
of the official record and shall be maintained under seal. See JCC for further
details. Government moved for dismissal of remaining indictments - granted.
Defendant remanded to custody. (Court Rep0l1er Nancy Wiss.) (This is a
TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)
Uw) (Entered: 0 I 112/20 II)

01/14/2011 NOTICE of receipt as to Guy M. Neighbors: Documents as follows: Judicial


Notices (3), and Letter to the Clerk. Documents are kept on the left of the file
in 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 years
supervised release: $100.00 assessment. $1 ,437.82 restitution.; Count(s)
16ss-18ss, 97 months imprisonment to run conCUITent: 2 years supervised
release: S100.00 assessment. $1,437.82 restitution.:; Count(s) 155,60 months
imprisonment to run concurrent: 2 years supervised release: $100 .00
$1,437.82 restitution. Signed by District Judge Carlos Murguia on
11. (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 documents
attached 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 to
this 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:

55 of 56 211111 12:18 PM
Appellate Case: 11-3037 Document: 01018580432 Date Filed: 02/04/2011 Page: 12

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 Neighbors


notice 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 Carrie


Marie Neighbors re ") Notice of Appeal - Final Judgment. (Attachment: # 1
Record)(kao) (Entered: 0 1/26/2011)
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. TriaL


Notice of Appeal - Final Judgment filed by Carrie Marie
John) (Entered: 01126/20] I)

AMENDED NOTICE OF APPEAL by Carrie Marie Neighbors re Notice


of Appeal Final Judgment. (*Note: Per IOCCA lhis document shall be
OCl<:ete:Cl as an amended notice of appeal related to 11-3037, not 10-3243.)
(Entered: 01/31120 II )

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