U. S. District Court
Western District of Arkansas (Fayetteville)
CRIMINAL DOCKET FOR CASE #: 5:06-cr-50064-JLH-ELS-1


1. Case title: USA v. Fincher Date Filed: 11/15/2006
Magistrate judge case number: 5:06-mj-05048-BSJ

Assigned to: Honorable Jimm Larry Hendren

Referred to: Honorable Erin L. Setser

Appeals court case numbers: ’07-2514′ ’8th Circuit Court of Appeals’, ’07-2888′ ’8th Circuit Court of Appeals’, 09-1766 8th Circuit Court of Appeals
Defendant
Hollis Wayne Fincher (1) represented by

Hollis Wayne Fincher
07863-010
P O Box 9000
Forrest City, AR 72336
PRO SE

David L. Dunagin
Attorney at Law
P.O. Box 41
523 Garrison Avenue
Suite 101
Fort Smith, AR 72902
(479) 573-0299
Fax: (479) 573-0307
Email: dldunagin.law@sbcglobal.net
TERMINATED: 12/13/2006
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: CJA Appointment

Oscar Amos Stilley
701 So. 21 Street
Ft. Smith, AR 72901
479-573-0726
Fax: 479-573-0647
Email: oscar@oscarstilley.com
TERMINATED: 03/09/2007
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Quentin M. Rhoades
Sullivan, Tabaracci, Rhoades, P.C.
1821 South Avenue West
Third Floor
Missoula, MT 59801
406-721-9700
Fax: 406-721-5838
Email: qmr@montanalawyer.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Shannon Lea Blatt
Attorney at Law
P O Box 1825
Fort Smith, AR 72902-1825
(479) 785-0123
Fax: (479) 785-4518
Email: sbsblatt@aol.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: CJA Appointment
Pending Counts Disposition
18:922(o) & 924(a)(2)-POSSESSION OF A MACHINE GUN (1) Sentenced to seventy-eight (78) months in prison on each count, terms to run concurrently; two (2) years on supervised release on each count, terms to run concurrently; $200.00 special assessment; $1,000.00 fine
26:5841, 5861(d) & 5871-POSSESSION OF A FIREARM NOT REGISTERED IN THE NATIONAL FIREARMS REGISTRATION AND TRANSFER RECORD (2) Sentenced to seventy-eight (78) months in prison on each count, terms to run concurrently; two (2) years on supervised release on each count, terms to run concurrently; $200.00 special assessment; $1,000.00 fine
Highest Offense Level (Opening)
Felony
Terminated Counts Disposition
None
Highest Offense Level (Terminated)
None
Complaints Disposition
18:922(o) – POSSESSION OF A MACHINE GUN
Plaintiff
USA represented by Wendy L. Johnson
U.S. Attorney’s Office
P.O. Box 1524
414 Parker Avenue
Fort Smith, AR 72902
(479) 783-5125
Fax: (479) 441-0578
Email: wendy.l.johnson@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED


Date Filed # Docket Text
03/30/2010 108 MOTION of Quentin M. Rhoades to Withdraw as Attorney by Hollis Wayne Fincher. (Attachments: # 1 PROPOSED ORDER)Motions referred to Erin L. Setser.(Rhoades, Quentin) (Entered: 03/30/2010)
03/12/2010 107 REPLY TO RESPONSE to Motion by Hollis Wayne Fincher re 101 MOTION to Vacate under 28 U.S.C. 2255 (tg) (Entered: 03/12/2010)
03/08/2010 106 ***REDOCKETED TO CORRECT EVENT*** RESPONSE by Hollis Wayne Fincher re 103 Response to Motion (tg) Modified on 3/12/2010 (tg). (Entered: 03/08/2010)
02/03/2010 105 ORDER giving defendant until March 15, 2010, to file any reply to the Government’s response that he wishes to file as to Hollis Wayne Fincher. Signed by Honorable Erin L. Setser on February 3, 2010. (tg) (Entered: 02/03/2010)
02/03/2010 104 MEMORANDUM BRIEF in Support of 103 Response to Motion by USA as to Hollis Wayne Fincher. (Johnson, Wendy) (Entered: 02/03/2010)
02/03/2010 103 RESPONSE to Motion by USA as to Hollis Wayne Fincher re 101 MOTION to Vacate under 28 U.S.C. 2255 (Johnson, Wendy) (Entered: 02/03/2010)
01/05/2010 102 ORDER directing Government to file a response to 28 U.S.C. 2255 motion as to Hollis Wayne Fincher. Signed by Honorable Erin L. Setser on January 5, 2010. (tg) (Entered: 01/05/2010)
01/05/2010 Case as to Hollis Wayne Fincher Referred to Honorable Erin L. Setser. Motions referred to Honorable Erin L. Setser.(jn) (Entered: 01/05/2010)
01/05/2010 101 MOTION to Vacate under 28 U.S.C. 2255 by Hollis Wayne Fincher. (jn)
Civil case 5:10-cv-05004-JLH opened. (Entered: 01/05/2010)
05/28/2009 100 Certified and Transmitted Record on Appeal as to Hollis Wayne Fincher to US Court of Appeals re 93 Notice of Appeal. (Attachments: # 1 Cover page and index)(jn) (Entered: 05/28/2009)
05/26/2009 Terminate Transcript Deadlines as to Hollis Wayne Fincher (jn) (Entered: 05/26/2009)
05/06/2009 99 USCA Scheduling Order as to 93 Notice of Appeal – Final Judgment (atty) filed by Hollis Wayne Fincher. Case Appealed to 8th Circuit Court of Appeals Case Number 09-1766. Appeal Record due by 5/26/2009. Transcript due by 5/26/2009. (jn) (Entered: 05/06/2009)
04/23/2009 98 Appeal Remark : The petition for a writ of certiorari is denied. (jn) (Entered: 04/23/2009)
04/07/2009 TEXT ONLY NOTICE TO USCA of subsequent case activity re USCA No. 09-1766. Related entry(s): USCA Appeal Fees paid. (jn) (Entered: 04/07/2009)
04/07/2009 USCA Appeal Fees received $ 455, receipt number 5001120 as to Hollis Wayne Fincher re 93 Notice of Appeal – Final Judgment (atty) (jn) (Entered: 04/07/2009)
04/07/2009 97 USCA Case Number as to Hollis Wayne Fincher 09-1766, 8th Circuit Court of Appeals for 93 Notice of Appeal (atty) filed by Hollis Wayne Fincher. (jn) (Entered: 04/07/2009)
04/02/2009 96 NOA SUPPLEMENT FORM re 93 Notice of Appeal (atty) filed by Hollis Wayne Fincher (jn) (Entered: 04/02/2009)
04/02/2009 95 APPEAL NOTICE to Counsel and Pro Se Parties (jn) (Entered: 04/02/2009)
04/02/2009 94 TRANSCRIPT REQUEST by Hollis Wayne Fincher for proceedings held on 01/20/2009 before Judge Jimm Larry Hendren, re 93 Notice of Appeal – Final Judgment (atty) filed by Hollis Wayne Fincher. Copy furnished to Court Reporter/ECRO. (Rhoades, Quentin) (Entered: 04/02/2009)
04/02/2009 93 NOTICE OF APPEAL by Hollis Wayne Fincher re 92 Order, (Attachments: # 1 Final Order By Court (Dkt. No. 92))(copy via ECF: Wendy Johnson, Quentin Rhoades, Theresa Sawyer)(Rhoades, Quentin) Modified on 4/2/2009 to add copy information (jn). (Entered: 04/02/2009)
02/26/2009 92 ORDER directing Hollis Wayne Fincher to pay into the United States Treasurey the sum of $8,357.55 as reimbursement for legal services provided to him by attorneys appointed under the Court’s Criminal Justice Act Plan. Signed by Honorable Jimm Larry Hendren on February 26, 2009. (tg) (Entered: 02/26/2009)
02/25/2009 91 RESPONSE by USA as to Hollis Wayne Fincher re 89 Memorandum Brief in Support of Request for IFP Designation (Johnson, Wendy) (Entered: 02/25/2009)
02/24/2009 90 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Evidentiary Hearing on Remand as to Hollis Wayne Fincher held on 1/20/09, before Judge Jimm Larry Hendren. Court Reporter/Transcriber Theresa Sawyer, Telephone number 479-444-7876. Tape Number: 9-10-TS. 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,or a redacted transcript, may be obtained through PACER. A Notice of Intent to Request Redaction of the Transcript MUST be filed within 7 calendar days of the filing of the transcript and served manually on the court reporter/transcriber. Redaction Request due 3/17/2009. Redacted Transcript Deadline set for 3/27/2009. Release of Transcript Restriction set for 5/26/2009. (jn) (Entered: 02/24/2009)
02/04/2009 Court Recording of Evidentiary Hearing for Hollis Fincher held on 1/20/09, by Court Reporter Theresa Sawyer, Envelope No. 09-10-TS, Location: Fayetteville, AR (tg) (Entered: 02/04/2009)
01/30/2009 89 MEMORANDUM BRIEF in Support of 87 Attorney Appointment Hearing, BRIEF IN SUPPORT OF DEFENDANT FINCHER’S REQUEST FOR IFP DESIGNATION by Hollis Wayne Fincher. (Rhoades, Quentin) (Entered: 01/30/2009)
01/30/2009 88 Appeal Remark re 78 USCA Mandate : Petition for Writ of Certiorari filed with U.S. Supreme Court 12/24/08, case # 08-840. (jn) (Entered: 01/30/2009)
01/20/2009 87 Minute Entry for proceedings held before Honorable Jimm Larry Hendren:Attorney Appointment Hearing as to Hollis Wayne Fincher held on 1/20/2009. Court takes matter under advisement; counsel to submit written briefs. (Court Reporter Theresa Sawyer) (gg) (Entered: 01/20/2009)
12/16/2008 10 vols transcript returned from U.S. Court of Appeals: as to Hollis Wayne Fincher: (ct) (Entered: 12/16/2008)
11/19/2008 86 ORDER denying as moot 84 Motion to Continue as to Hollis Wayne Fincher (1). Signed by Honorable Jimm Larry Hendren on November 19, 2008. (ct) (Entered: 11/19/2008)
11/19/2008 Writ of Habeas Corpus ad Testificandum Issued as to Hollis Wayne Fincher for January 20, 2009. (3 Certified copies of Writ delivered to USMS for service, by U S Mail sent to U S Marshal Service, 30 South 6th Street, Suite 243, Ft Smith, AR 72901, attn Leisa Hice) (ct) (Entered: 11/19/2008)
11/19/2008 85 ORDER for Writ of Habeas Corpus Ad Testificandum as to Hollis Wayne Fincher returnable by January 20, 2009, directing that Hollis Wayne Fincher be delivered to Room 509, United States Courthouse, Fayetteville, Arkansas, at 9:00 a.m. on that date. Hearing set for 1/20/2009 09:00 AM in Fayetteville — 5th flr (Rm 509) before Honorable Jimm Larry Hendren.. Signed by Honorable Jimm Larry Hendren on November 19, 2008. cc: Hollis Wayne Fincher, 3 copies to USMS (Certified) (ct) (Entered: 11/19/2008)
11/18/2008 84 MOTION to Continue by Hollis Wayne Fincher. (This motion was filed by Hollis Fincher, pro se) (ct) (Entered: 11/18/2008)
11/17/2008 Terminate Deadlines and Hearings as to Hollis Wayne Fincher: Hearing cancelled by text only order on 11/14/08 (ct) (Entered: 11/17/2008)
11/17/2008 TEXT ONLY ORDER granting 83 Motion for Special Appearance as to Hollis Wayne Fincher (1). Attorney Quentin Rhoades is admitted pro hac vice. Signed by Honorable Jimm Larry Hendren on November 17, 2008. (kcg) (Entered: 11/17/2008)
11/14/2008 83-1
83-2		 MOTION for Special Appearance MOTION FOR ADMISSION PRO HOC VICE by Hollis Wayne Fincher. (Attachments: # 1 Exhibit)(Rhoades, Quentin) (Entered: 11/14/2008)
11/14/2008 TEXT ONLY ORDER granting 82 Motion to Continue as to Hollis Wayne Fincher (1). The hearing scheduled for Tuesday, November 18, 2008, is continued sine die, and the Writ of Habeas Corpus ad Testificandum issued as to Hollis Wayne Fincher for that date is cancelled. Signed by Honorable Jimm Larry Hendren on November 14, 2008. (kcg) (Entered: 11/14/2008)
11/14/2008 82-1
82-2		 MOTION to Continue HEARING by Hollis Wayne Fincher. (Attachments: # 1 Proposed Order)(Rhoades, Quentin) (Entered: 11/14/2008)
10/30/2008 Writ of Habeas Corpus ad Testificandum Issued as to Hollis Wayne Fincher for 11/18/08. Writ Delivered to USMS for service.(3 certified copies of the Order and 3 certified copis of Writ picked up by Mark Spellman from the clerk’s office morning of 10/31/08) (ct) (Entered: 10/31/2008)
10/30/2008 81 ORDER for Writ of Habeas Corpus Ad Testificandum as to Hollis Wayne Fincher returnable by 11/18/08 directing that Hollis Wayne Fincher be delivered to Room 509, John Paul Hammerschmidt Building in Fayetteville, at 1:30 p.m. on that date.. Signed by Honorable Jimm Larry Hendren on October 30, 2008. cc: Hollis Wayne Fincher, 3 copies to USMS (Certified) (ct) (Entered: 10/30/2008)
10/30/2008 80 ORDER setting hearing for deft to present evidence as to his inablility to obtain counsel; hearing set for 11/18/2008 01:30 PM in Fayetteville — 5th flr (Rm 509) before Honorable Jimm Larry Hendren.). Signed by Honorable Jimm Larry Hendren on October 30, 2008. cc: Hollis Wayne Fincher at FCI Forrest City, AR(ct) Modified on 10/30/2008 to add docket text (ct). (Entered: 10/30/2008)
10/06/2008 79 Appeal Remark re 53 Notice of Appeal – Final Judgment, filed by Hollis Wayne Fincher, 69 Notice of Appeal – Final Judgment, filed by Hollis Wayne Fincher : Petition for rehearing en banc in denied. (jn) (Entered: 10/06/2008)
10/03/2008 78-1
78-2
78-3		 MANDATE of USCA affirming in part, vacating in part and remanding to district court in part, district court decision as to 53 Notice of Appeal – Final Judgment, 69 Notice of Appeal – Final Judgment, as to Hollis Wayne Fincher (Attachments: # 1 USCA Opinion, # 2 USCA Judgment)(ct) (Entered: 10/03/2008)
10/17/2007 77 4 VOLS transcript filed 10/16/07 sent to U.S. Court of Appeals: re 53 Notice of Appeal – Final Judgment 69 Notice of Appeal – Final Judgment. (jn) (Entered: 10/17/2007)
10/16/2007 TRANSCRIPT (4 vols) filed as to Hollis Wayne Fincher of various proceedings held before Judge Hendren: 1/5/07 Telephone Conference, 1/8/07 Telephone Conference, 1/9/07 Hearing on Motion in Limine, 1/10/07 Jury Trial, 3/9/07 Hearing on Request to appoint new atty, 6/22/07 Sentencing Hearing, 6/26/07 Hearing on Motion for Release Pending Appeal, 7/3/07 Hearing on IFP status. re 53 Notice of Appeal – Final Judgment, 69 Notice of Appeal – Final Judgment. Court Reporter: Theresa Sawyer. (jn) (Entered: 10/16/2007)
09/20/2007 Set/Reset Deadlines as to Hollis Wayne Fincher Transcript due by 10/12/2007. (jn) (Entered: 09/20/2007)
09/20/2007 76-1
76-2		 ORDER of USCA as to Hollis Wayne Fincher re 53 Notice of Appeal – Final Judgment, 69 Notice of Appeal – Final Judgment. Transcript deadline extended to 10/12/07. (Attachments: # 1 USCA Letter)(jn) (Entered: 09/20/2007)
09/07/2007 75 1 vol transcript filed 8/10/07 sent to U.S. Court of Appeals: re 53 Notice of Appeal – Final Judgment, 69 Notice of Appeal – Final Judgment. (jn) (Entered: 09/07/2007)
08/28/2007 74 5 vols of various transcripts of proceeding held 11/13/06, 1/8/07, 1/11/07 and 6/26/07 sent to U.S. Court of Appeals: re 53 Notice of Appeal – Final Judgment. (jn) (Entered: 08/28/2007)
08/27/2007 73 ORDER of 8USCA as to Hollis Wayne Fincher re 53 and 69 Notice of Appeal – Final Judgment that the district court’s request to remand the case for resentencing will be taken with the case for consideration by the panel to which this case is submitted for disposition on the merits. Briefing schedule as set forth. (mfr) (Entered: 08/27/2007)
08/22/2007 TRANSCRIPT filed as to Hollis Wayne Fincher of Hearing on Motion for Release held 6/26/07 before Judge Hendren, re 69 Notice of Appeal – Final Judgment. Court Reporter: Theresa Sawyer. (jn) (Entered: 08/22/2007)
08/16/2007 72 USCA Case Number as to Hollis Wayne Fincher 07-2888 for 69 Notice of Appeal – Final Judgment, filed by Hollis Wayne Fincher. (jn) (Entered: 08/16/2007)
08/16/2007 71 Judgment Returned Executed as to Hollis Wayne Fincher on 7/24/07. Defendant delivered to FCC Forrest City, AR. (ct) (Entered: 08/16/2007)
08/14/2007 *** COA BATCH RECEIPT of Notice of Appeal and related supporting documents sent on: Tue Aug 14 14:31:57 CDT 2007 (COA1, Court of Appeals) (Entered: 08/14/2007)
08/14/2007 70 NOA SUPPLEMENT FORM re 69 Notice of Appeal – Final Judgment, filed by Hollis Wayne Fincher. (jn) (Entered: 08/14/2007)
08/10/2007 TRANSCRIPT filed as to Hollis Wayne Fincher for Hearing held 7/3/07 before Judge Jimm Larry Hendren, re 53 Notice of Appeal – Final Judgment. Court Reporter: Theresa Sawyer. (jn) (Entered: 08/13/2007)
08/10/2007 69 NOTICE OF APPEAL by Hollis Wayne Fincher re 65 Order, Filing fee $455, receipt number 5000275. (cc: via CMECF:), Wendy Johnson, Shannon Blatt (termed counsel), Oscar Stilley (termed counsel), David Dunagin (termed counsel; via U S Mail: Hollis Wayne Fincher. (ct) (Entered: 08/10/2007)
08/01/2007 68 ORDER granting 67 Motion to Withdraw as Attorney. Shannon Lea Blatt withdrawn from case as to Hollis Wayne Fincher(1). Signed by Judge Jimm Larry Hendren on August 1, 2007. (tg) (Entered: 08/01/2007)
07/31/2007 67 MOTION to Withdraw as Attorney by Shannon L. Blatt. by Hollis Wayne Fincher. (Blatt, Shannon) (Entered: 07/31/2007)
07/31/2007 66 Appeal Remark re 53 Notice of Appeal – Final Judgment, : Order to show cause from USCA to appellant. (jn) (Entered: 07/31/2007)
07/27/2007 *** COA BATCH RECEIPT of Order sent on: Fri Jul 27 16:07:13 CDT 2007 (mfr) Modified on 7/27/2007 to edit docket text (mfr). (Entered: 07/27/2007)
07/27/2007 65 ORDER as to Hollis Wayne Fincher ruling on defendant’s ability to obtain counsel and directing him to reimburse the government for legal services provided attorneys appointed under the Criminal Justice Act Plan; that request for transcripts at public expense for appeal is denied and directing clerk to furnish a copy of this order to the 8th Circuit Court of Appeals for its consideration of issues set out in this order.. Signed by Judge Jimm Larry Hendren on July 27, 2007. (ct) (Entered: 07/27/2007)
07/27/2007 64 ORDER as to Hollis Wayne Fincher that Court will file a release of the mortgage securing Appearance Bond and with instructions to the mortgagors as set out the order. Signed by Judge Jimm Larry Hendren on July 27, 2007. (Attachments: # 1 Exhibit Mortgage) (ct) (Entered: 07/27/2007)
07/25/2007 63 Certified and Transmitted Record on Appeal as to Hollis Wayne Fincher to US Court of Appeals re 53 Notice of Appeal – Final Judgment. (Attachments: # 1 Cover page and Index)(jn) (Entered: 07/25/2007)
07/16/2007 Appeal Deadlines Terminated (jn) (Entered: 07/16/2007)
07/13/2007 Set/Reset Deadlines as to Hollis Wayne Fincher re 62 USCA Order: Transcript due by 8/17/2007. (jn) (Entered: 07/13/2007)
07/13/2007 62 ORDER of USCA as to Hollis Wayne Fincher re 53 Notice of Appeal – Final Judgment. Court Reporter is granted an extension to file transcript on appeal until 8/17/07. (jn) (Entered: 07/13/2007)
07/09/2007 Court Recording of evidentiary Hearing held on 7/3/07, by Court Reporter Theresa Sawyer, Envelope No 07-59-TS, Location of Tape: Fayetteville, AR (ct) (Entered: 07/09/2007)
07/09/2007 Court Recording of Motion hearing held on 6/26/07, by Court Reporter Theresa Sawyer, Envelope No. 07-57-TS, Location of Tape: Fayetteville, AR (ct) (Entered: 07/09/2007)
07/06/2007 Remark Subpoenas for Connie Fields, Linda Fincher, Kenneth Fields, David Hale and Carol Ann Hale returned as served (ct) (Entered: 07/06/2007)
07/03/2007 61 ORDER appointing Tom Reed to appraise real estate as set out in this order; upon completion of the appraisal, Mr. Reed is directed to submit his appraisal report to the court, and a statement for his services to the Clerk, United States District Court, P O Box 1547, Fort Smith, AR 72902. Signed by Judge Jimm Larry Hendren on July 3, 2007. (ct) (Entered: 07/03/2007)
07/03/2007 60 Minute Entry for proceedings held before Judge Jimm Larry Hendren: Evidentiary Hearing as to Hollis Wayne Fincher held on 7/3/2007 (gg) (Entered: 07/03/2007)
06/29/2007 59 ORDER denying oral Motion for Bond Pending Appeal as to Hollis Wayne Fincher . Signed by Judge Jimm Larry Hendren on June 29, 2007. (ct) (Entered: 06/29/2007)
06/28/2007 58 USCA Scheduling Order as to 53 Notice of Appeal – Final Judgment, filed by Hollis Wayne Fincher. Case Appealed to 8th Circuit Court of Appeals, St. Louis, MO; Case Number 07-2514. Appeal Record due by 7/17/2007. Transcript due by 7/17/2007. (Attachments: # 1 8USCA Cover Letter) (cc: Theresa Sawyer-Court Reporter, Debbie Maddox-ECRO)(mfr) (Entered: 06/28/2007)
06/28/2007 57 AMENDED ORDER Evidentiary Hearing reset for Tuesday, 7/3/2007, at 11:00 AM in Fayetteville — 5th flr (Rm 509) before Honorable Jimm Larry Hendren. The Clerk of Court is ordered to issue, and the USMS serve, subpoenas for attendance at the hearing: Linda Fincher; Carol Ann and David Hale; Connie and Kenneth Fields. Signed by Judge Jimm Larry Hendren on June 28, 2007. cc to USMS: 2 copies (1 certified) (ct) (Entered: 06/28/2007)
06/28/2007 56 ORDER that court will conduct an evidentiary hearing on 7/2/2007 10:00 a.m. in Fayetteville — 5th flr (Rm 509) before Honorable Jimm Larry Hendren and directing that Mr. Fincher be present with the most recent tax statement he has received with regard to the property. It is further ordered that the clerk will issue, and the USMS serve, subpoenas for attendance at the hearing on Linda Fincher; Carol Ann and David Hale; Connie and Kenneth Fields. Signed by Judge Jimm Larry Hendren on June 28, 2007. cc: USMS (ct) (Entered: 06/28/2007)
06/28/2007 *** COA BATCH RECEIPT of Notice of Appeal and related supporting documents sent on: Thu Jun 28 09:47:52 CDT 2007 (COA4, Court of Appeals) (Entered: 06/28/2007)
06/28/2007 55 NOA SUPPLEMENT FORM re53 Notice of Appeal – Final Judgment filed by Hollis Wayne Fincher. (mfr) (Entered: 06/28/2007)
06/27/2007 Court Recording of sentencing hearing held on 6/22/07, by Court Reporter Theresa Sawyer, envelope no 07-56-TS, Location of Tape: Fayetteville, AR (ct) (Entered: 06/27/2007)
06/27/2007 54 APPEAL NOTICE to Counsel and Defendant re 53 Notice of Appeal – Final Judgment, filed by Hollis Wayne Fincher. (Attachment to Defendant only via U.S. Postal Service) (mfr) (Entered: 06/27/2007)
06/27/2007 53 NOTICE OF APPEAL by Hollis Wayne Fincher re 50 Judgment. (cc via CMECF: Shannon Blatt, Wendy Johnson, David Dunagin (termed counsel), Oscar Stilley (termed counsel); via U.S. Postal Service: Theresa Sawyer-Court Reporter, Hollis Wayne Fincher; via Hand Delivery: Debbie Maddox-ECRO) (mfr) Modified on 6/27/2007 to edit docket text(mfr). (Entered: 06/27/2007)
06/27/2007 TEXT ONLY Minute Entry for proceedings held before Judge Jimm Larry Hendren:Bond Hearing as to Hollis Wayne Fincher held on 6/26/2007 – dft to make bond and be released; dft to self-surrender no later than 2:00 pm on 7/24/07. (gg) (Entered: 06/27/2007)
06/26/2007 52 ORDER Setting Conditions of Release as to Hollis Wayne Fincher (1) $100,000.00 secured. Signed by Judge Jimm Larry Hendren on June 26, 2007. (Attachments: # 1 Mortgage# 2 Deed) (gg) (Entered: 06/26/2007)
06/26/2007 51 Secured Bond Entered as to Hollis Wayne Fincher in amount of $ 100,000.00. (Attachments: # 1 Mortgage# 2 Deed)(gg) (Entered: 06/26/2007)
06/26/2007 50 JUDGMENT as to Hollis Wayne Fincher (1); Count(s) 1 and 2, Sentenced to seventy-eight (78) months in prison on each count, terms to run concurrently; two (2) years on supervised release on each count, terms to run concurrently; $200.00 special assessment; $1,000.00 fine. Signed by Judge Jimm Larry Hendren on 6/22/07. (ct) (Entered: 06/26/2007)
06/25/2007 STATEMENT OF REASONS as to Hollis Wayne Fincher















This is a text only entry – no document is attached. THE ORIGINAL IS FILED UNDER SEAL WITH THE COURT. Signed by Judge Jimm Larry Hendren on 6/22/07. (ct) (Entered: 06/25/2007)
06/25/2007 49 MEMORANDUM BRIEF in Opposition to 48 Memorandum Brief in Support Brief in Response to Court’s Question of Whether Defendant can be Released Prior to Reporting to Prison and/or Released Pending Appeal by USA. (Johnson, Wendy) (Entered: 06/25/2007)
06/25/2007 48 MEMORANDUM BRIEF in Support of Application for Bail on Appeal and to Permit Self Surrender to the BOP. (Blatt, Shannon) (Entered: 06/25/2007)
06/22/2007 PRESENTENCE INVESTIGATION REPORT (Sealed) as to Hollis Wayne Fincher















This is a text only entry – no document is attached. THE ORIGINAL IS FILED UNDER SEAL WITH THE COURT. (gg) (Entered: 06/22/2007)
06/22/2007 47 Minute Entry for proceedings held before Judge Jimm Larry Hendren:Sentencing as to Hollis Wayne Fincher held on 6/22/2007. (gg) (Entered: 06/22/2007)
06/22/2007 TRANSCRIPT of Testimony of Hollis Wayne Fincher from the jury trial held on 1/11/07 before Judge Jimm Larry Hendren. Court Reporter: Theresa Sawyer. (jn) (Entered: 06/22/2007)
05/10/2007 46 ORDER granting in part and denying in part 45 Motion to Provide Defense Counsel With a Copy of Trial Transcript as to Hollis Wayne Fincher (1); granted to the extent it requests ext of time to file objections to Presentence Report and allows defendant until 5/18/07 to file objections; denied to the extent it requests a copy of the trial transcript.. Signed by Judge Jimm Larry Hendren on 5/10/07. (ct) (Entered: 05/10/2007)
05/09/2007 45 MOTION trial transcript by Hollis Wayne Fincher. (Blatt, Shannon) (Entered: 05/09/2007)
04/09/2007 TEXT ONLY SCHEDULING NOTICE as to Hollis Wayne Fincher. Sentencing set for 6/22/2007 10:00 AM in Fayetteville — 5th flr (Rm 509) before Honorable Jimm Larry Hendren. (gg) (Entered: 04/09/2007)
03/16/2007 Court Recording of Sentencing Hearing held on 3/9/07, by Court Reporter Theresa Sawyer, Envelope Number 07-31-TS, Location of Tape: Fayetteville, AR (ct) (Entered: 03/16/2007)
03/12/2007 44 CJA 20 as to Hollis Wayne Fincher: Appointment of Attorney Shannon Lea Blatt for Hollis Wayne Fincher. . Signed by Judge Jimm Larry Hendren on 3/9/2007. (rw) (Entered: 03/12/2007)
03/09/2007 43 ORDER as to Hollis Wayne Fincher, Court appoints attorney Shannon Lea Blatt as attorney for Hollis Wayne Fincher . Signed by Judge Jimm Larry Hendren on 3/9/07. (ct) (Entered: 03/09/2007)
03/09/2007 42 Order Terminating Appointment of Counsel; representation by attorney Oscar Amos Stilley terminated. Signed by Judge Jimm Larry Hendren on 3/9/07. (ct) (Entered: 03/09/2007)
03/09/2007 TEXT ONLY Minute Entry for proceedings held before Judge Jimm Larry Hendren: Status Conference held. (Court Reporter Theresa Sawyer.) (gg) (Entered: 03/09/2007)
03/08/2007 41 ORDER as to Hollis Wayne Fincher. Signed by Judge Jimm Larry Hendren on March 8, 2007. (Attachments: # 1 Letter) (gg) (Entered: 03/08/2007)
03/08/2007 TEXT ONLY NOTICE OF HEARING as to Hollis Wayne Fincher. Status Conference set for 3/9/2007 02:00 PM in Fayetteville — 5th flr (Rm 509) before Honorable Jimm Larry Hendren. (gg) (Entered: 03/08/2007)
02/06/2007 40 ORDER denying 37 Motion to Set Aside Verdict as to Hollis Wayne Fincher (1). Signed by Judge Jimm Larry Hendren on 2/8/07. (ct) (Entered: 02/09/2007)
02/06/2007 39 RESPONSE to Motion by USA as to Hollis Wayne Fincher re 37 MOTION to Set Aside Verdict and Arrest Judgment (Johnson, Wendy) (Entered: 02/06/2007)
01/24/2007 38 MEMORANDUM BRIEF in Support Motion to Arrest Judgment. (Stilley, Oscar) (Entered: 01/24/2007)
01/24/2007 37 MOTION to Set Aside Verdict and Arrest Judgment by Hollis Wayne Fincher. (Stilley, Oscar) (Entered: 01/24/2007)
01/24/2007 Court Recording of Trial by Jury (3 days) held on January 10-12, 2007, by Court Reporter Theresa Sawyer, Envelope Number 07-10-TS, Location of Tape: Fayetteville, AR (ct) (Entered: 01/24/2007)
01/24/2007 Court Recording of Hearing on motion in liminine held on 1/9/07, by Court Reporter Theresa Sawyer, Envelope Number 07-09-TS, Location of Tape: Fayetteville, AR (ct) (Entered: 01/24/2007)
01/24/2007 Court Recording of Telephone Conference held on 1/8/07, by Court Reporter Theresa Sawyer, Envelope Number 07-08-TS, Location of Tape: Fayetteville, AR (ct) (Entered: 01/24/2007)
01/19/2007 Court Recording of Telephone conference held on 1/5/07, by Court Reporter Theresa Sawyer, envelope number 07-07-TS, Location of Tape: Fayetteville, AR (ct) (Entered: 01/19/2007)
01/18/2007 TRANSCRIPT of Telephone Conference held 1/8/08 at 2:30 pm before Judge Hendren. Court Reporter: Theresa Sawyer. (jn) (Entered: 01/18/2007)
01/18/2007 TRANSCRIPT of Telephone Conference held 1/8/07 at 8:45 am before Judge Hendren. Court Reporter: Theresa Sawyer. (jn) Modified on 1/18/2007 to add time of proceeding (jn). (Entered: 01/18/2007)
01/12/2007 36 EXHIBIT LIST by USA as to Hollis Wayne Fincher (gg) (Entered: 01/12/2007)
01/12/2007 35 JURY VERDICT as to Hollis Wayne Fincher (1) Guilty on Counts 1 and 2. (gg) (Entered: 01/12/2007)
01/12/2007 34 Minute Entry for proceedings held before Judge Jimm Larry Hendren:Jury Trial as to Hollis Wayne Fincher ends on 1/12/2007, day three. (Court Reporter Theresa Sawyer.) (gg) (Entered: 01/12/2007)
01/12/2007 33 Minute Entry for proceedings held before Judge Jimm Larry Hendren:Jury Trial as to Hollis Wayne Fincher continues on 1/11/2007, day two. (Court Reporter Theresa Sawyer.) (gg) (Entered: 01/12/2007)
01/11/2007 32 MOTION for Disclosure of evidence of Congressional findings on jurisdictional element by Hollis Wayne Fincher. (Stilley, Oscar) (Entered: 01/11/2007)
01/10/2007 31 Minute Entry for proceedings held before Judge Jimm Larry Hendren: Jury Trial held on 1/10/2007, day one. (Court Reporter Theresa Sawyer.) (gg) (Entered: 01/10/2007)
01/09/2007 TEXT ONLY Minute Entry for proceedings held before Judge Jimm Larry Hendren:Hearing on motion in limine held on 1/9/2007. (Court Reporter Theresa Sawyer.) (gg) (Entered: 01/09/2007)
01/09/2007 30 AMENDED DOCUMENT by USA. Amendment to 8 Indictment (Johnson, Wendy) (Entered: 01/09/2007)
01/08/2007 29 RESPONSE to Motion by Hollis Wayne Fincher re 19 MOTION in Limine to Preclude Defendant From Arguing Matters of law to the Jury (Stilley, Oscar) (Entered: 01/08/2007)
01/08/2007 28 ORDER granting 27 Motion to Amend/Correct Indictment as to Hollis Wayne Fincher (1). Signed by Judge Jimm Larry Hendren on 1/8/07. (ct) (Entered: 01/08/2007)
01/08/2007 TEXT ONLY Minute Entry for proceedings held before Judge Jimm Larry Hendren:Telephone Conference as to Hollis Wayne Fincher held on 1/8/2007 (Court Reporter Theresa Sawyer.) (gg) (Entered: 01/08/2007)
01/08/2007 27 MOTION to Amend/Correct Indictment by USA as to Hollis Wayne Fincher. (Attachments: # 1 Text of Proposed Order to Amend Indictment)(Johnson, Wendy) (Entered: 01/08/2007)
01/08/2007 TEXT ONLY Minute Entry for proceedings held before Judge Jimm Larry Hendren:Telephone Conference as to Hollis Wayne Fincher held on 1/8/2007 (Court Reporter Theresa Sawyer.) (gg) (Entered: 01/08/2007)
01/05/2007 TEXT ONLY Minute Entry for proceedings held before Judge Jimm Larry Hendren:Telephone Conference as to Hollis Wayne Fincher held on 1/5/2007 (Court Reporter Theresa Sawyer.) (gg) (Entered: 01/08/2007)
01/05/2007 26 First MOTION for Medical Treatment or Alternatively for Reduction of Bond and One Day Continuance of Trial by Hollis Wayne Fincher. (Attachments: # 1 Affidavit Verification of Katalina McMichael) (Stilley, Oscar) (Entered: 01/05/2007)
01/05/2007 25 DISCOVERY ORDER as to Hollis Wayne Fincher advising counsel that discovery motions, other than motions for Bill of Particulars and motions to compel, do not require Court disposition; unless a motion to compel discovery is filed, the Court will act on the belief that no discovery dispute exists . Signed by Judge James R. Marschewski on 1/5/07. (ct) (Entered: 01/05/2007)
01/05/2007 MOTIONS as to Hollis Wayne Fincher REFERRED to Magistrate Judge James Marschewski 11 MOTION for Discovery (ct) (Entered: 01/05/2007)
01/03/2007 24 NOTICE of Expert Witness by USA as to Hollis Wayne Fincher (Johnson, Wendy) (Entered: 01/03/2007)
01/03/2007 MOTIONS as to Hollis Wayne Fincher REFERRED to Magistrate Judge: 22 MOTION to Produce Statements, 21 MOTION for Disclosure of Evidence by the Defendant (ct) (Entered: 01/03/2007)01/03/2007
01/03/2007 23 NOTICE of Scrivener’s Error in the Indictment by USA as to Hollis Wayne Fincher (Johnson, Wendy) (Entered: 01/03/2007)
12/29/2006 22 MOTION to Produce Statements by USA as to Hollis Wayne Fincher. (Johnson, Wendy) (Entered: 12/29/2006)
12/29/2006 21 MOTION for Disclosure of Evidence by the Defendant by USA as to Hollis Wayne Fincher. (Johnson, Wendy) (Entered: 12/29/2006)
12/29/2006 20 NOTICE of Government’s Intent to use Rule 404(b) Evidence by USA as to Hollis Wayne Fincher (Johnson, Wendy) (Entered: 12/29/2006)
12/29/2006 19 MOTION in Limine to Preclude Defendant From Arguing Matters of law to the Jury by USA as to Hollis Wayne Fincher. (Johnson, Wendy) (Entered: 12/29/2006)
12/13/2006 18 ORDER granting 17 Motion to Withdraw as Attorney. David L. Dunagin withdrawn from case as to Hollis Wayne Fincher (1). Signed by Judge Jimm Larry Hendren on December 13, 2006. (jn) (Entered: 12/13/2006)
12/08/2006 17 MOTION to Withdraw as Attorney by David Dunagin. by Hollis Wayne Fincher. (Dunagin, David) (Entered: 12/08/2006)
12/04/2006 16 NOTICE OF ATTORNEY APPEARANCE: Oscar Amos Stilley appearing for Hollis Wayne Fincher (Stilley, Oscar) (Entered: 12/04/2006)
11/30/2006 15 Arrest Warrant Returned Executed on 11/20/06 in case as to Hollis Wayne Fincher. (ct) (Entered: 11/30/2006)
11/29/2006 14 RESPONSE to Motion by USA as to Hollis Wayne Fincher re 11 MOTION for Discovery (Johnson, Wendy) (Entered: 11/29/2006)
11/28/2006 13 DISCOVERY ORDER as to Hollis Wayne Fincher advising counsel that discovery motions, other than motions for Bill of Particulars and motions to compel, do not require Court disposition; unless a motion to compel discovery is filed, the Court will act on the belief that no discovery dispute exists . Signed by Judge Beverly Stites Jones on 11/28/06. (ct) (Entered: 11/28/2006)
11/21/2006 12 ORDER referring all discovery motions as to Hollis Wayne Fincher to Honorable Beverly S Jones; 11 MOTION for Discovery referred. Signed by Judge Jimm Larry Hendren on 11/21/06. (ct) (Entered: 11/21/2006)
11/20/2006 Arrest of Hollis Wayne Fincher (ct) (Entered: 11/30/2006)
11/20/2006 11 MOTION for Discovery by Hollis Wayne Fincher. (Dunagin, David) (Entered: 11/20/2006)
11/20/2006 10 TRIAL NOTICE as to Hollis Wayne Fincher. Jury Trial set for 1/8/2007 08:30 AM in Fayetteville — 5th flr (Rm 509) before Honorable Jimm Larry Hendren. (gg) (Entered: 11/20/2006)
11/20/2006 9 Minute Entry for proceedings held before Judge Beverly Stites Jones :Arraignment as to Hollis Wayne Fincher (1) Counts 1,2 held on 11/20/2006; Attorney David L. Dunagin for Hollis Wayne Fincher present. Not guilty plea entered. Jury Trial set for 1/8/2007; 08:30 AM in Fayetteville — 5th flr (Rm 509) before Honorable Jimm Larry Hendren. Detention Order of 11/09/06 remains in effect. Defendant remanded to custody of USMS.(Court Reporter-Maddox) (mfr) (Entered: 11/20/2006)
11/20/2006 Case unsealed as to Hollis Wayne Fincher (mfr) (Entered: 11/20/2006)
11/16/2006 Arrest Warrant Issued as to Hollis Wayne Fincher. (ct) (Entered: 11/17/2006)
11/16/2006 7 Arrest Warrant Returned Executed on 11/09/06 in case as to Hollis Wayne Fincher. (mfr) [5:06-mj-05048-BSJ] (Entered: 11/16/2006)
11/15/2006 8 INDICTMENT as to Hollis Wayne Fincher (1) count(s) 1, 2. (ct) (Entered: 11/17/2006)
11/13/2006 6 ORDER as to Hollis Wayne Fincher; after hearing testimony presented, court finds that probable cause exists; court further finds that upon all conditions being met, defendant to be released on $250,000.00 secured bond . Signed by Judge Beverly Stites Jones on November 13, 2006. (djm) [5:06-mj-05048-BSJ] (Entered: 11/13/2006)
11/13/2006 5 Minute Entry for proceedings held before Judge Beverly Stites Jones :Preliminary Examination / Detention Hearing as to Hollis Wayne Fincher held on 11/13/2006; court finds that upon all conditions being met, defendant is to be released on $250,000.00 secured bond; defendant remanded to custody of USMS. (Court Reporter – Maddox) (djm) [5:06-mj-05048-BSJ] (Entered: 11/13/2006)
11/13/2006 4 CJA 20 as to Hollis Wayne Fincher: Appointment of Attorney David L. Dunagin for Hollis Wayne Fincher. . Signed by Judge Beverly Stites Jones on 11/9/2006. (rw) [5:06-mj-05048-BSJ] (Entered: 11/13/2006)
11/09/2006 TEXT ONLY-Set/Reset Deadlines/Hearings as to Hollis Wayne Fincher: Preliminary Examination set for 11/13/2006 01:30 PM in Fort Smith — 2nd flr (Rm 226) before Beverly Stites Jones. (djm) [5:06-mj-05048-BSJ] (Entered: 11/09/2006)
11/09/2006 3 ORDER OF DETENTION as to Hollis Wayne Fincher; defendant requested preliminary examination/detention hearing; preliminary examination/detention hearing set for 11/13/2006 01:30 PM in Fort Smith — 2nd flr (Rm 226) before Beverly Stites Jones. Signed by Judge Beverly Stites Jones on November 9, 2006. (djm) [5:06-mj-05048-BSJ] (Entered: 11/09/2006)
11/09/2006 CJA 23 Financial Affidavit by Hollis Wayne Fincher















This is a text only entry – no document is attached. THE ORIGINAL IS FILED UNDER SEAL WITH THE COURT.

(djm) [5:06-mj-05048-BSJ] (Entered: 11/09/2006)
11/09/2006 2 Minute Entry for proceedings held before Judge Beverly Stites Jones :Initial Appearance as to Hollis Wayne Fincher held on 11/9/2006; Attorney David L. Dunagin for Hollis Wayne Fincher present; defendant requested preliminary examination/detention hearing; defendant remanded to custody of USMS. (Court Reporter – Maddox) (djm) [5:06-mj-05048-BSJ] (Entered: 11/09/2006)
11/09/2006 Arrest Warrant Issued as to Hollis Wayne Fincher. (djm) [5:06-mj-05048-BSJ] (Entered: 11/09/2006)
11/09/2006 1 COMPLAINT as to Hollis Wayne Fincher (1). (djm) [5:06-mj-05048-BSJ] (Entered: 11/09/2006)
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