U.S. v. Pruess, 94CR00019, (W.D.N.C. 1994), docket listing [U.S. v. Pruess, 5:94CR0019, (W.D.N.C. 1994)] Case docket was last updated on: 10/15/98. Docket as of April 27, 1999 2:04 am Page 1 Proceedings include all events. 5:94cr19-ALL USA v. Pruess CLOSED CLOSED U.S. District Court Western District of North Carolina (Statesville) CRIMINAL DOCKET FOR CASE #: 94-CR-19-ALL USA v. Pruess Filed: 08/01/94 Other Dkt # 3:94-m -00123 Case Assigned to: Judge Richard L. Voorhees GREGORY ROLAND PRUESS (1) , E. Fitzgerald Parnell, III Rt. 5, Box 367, Whispering [term 02/20/96] Pines Road Boone, North [COR LD NTC ret] Carolina Poyner & Spruill aka 100 N. Tryon St. Gregory R. Pruess Suite 4000 defendant Charlotte, NC 28202-4010 [term 02/20/96] USA 704/342-5250 Pending Counts: Disposition 26:5861(e) UNLAWFULLY SENTENCE IMPOSED BY THE COURT TRANSFERRING FIREARMS & ON 2-20-96: 12 MONTHS & 1 WEAPONS IN VIOLATION OF DAY IMPRISONMENT PLUS 3 YRS. CHAPTER 53 OF TITLE 26, U. S. SUPERVISED RELEASE with CODE (8) standard conditions of supervised release & the following special condition: Deft. is to perform 500 hrs. of community service as directed by the Probation Office. Deft. is to pay an assessment fee of $50 which is due immediately. Deft. is to surrender his federal firearm licenses and forms within 45 days from the entry of this judgment. Court recommends that deft. be designated to Seymour Johnson or to Estill, SC. Court recommends that deft. support his minor children while incarcerated. Deft. is allowed to self- report. (8) Offense Level (opening): 4 Docket as of April 27, 1999 2:04 am Page 2 Proceedings include all events. 5:94cr19-ALL USA v. Pruess CLOSED Terminated Counts: Disposition 26:5861(d) POSSESSING Cts. 1-7 & 9-12 are dismissed FIREARMS & WEAPONS WHICH WERE upon motion of U. S. Atty. NOT REGISTERED TO (1 - 4) DEFENDANT IN THE NATIONAL FIREARMS REGISTRATION AND TRANSFER RECORD (1 - 4) 26:5861(e) UNLAWFULLY Cts. 1-7 & 9-12 are dismissed TRANSFERRING FIREARMS & upon motion of U. S. Atty. WEAPONS IN VIOLATION OF (5 - 7) CHAPTER 53 OF TITLE 26, U. S. CODE (5 - 7) 26:5861(h) RECEIVING & Cts. 1-7 & 9-12 are dismissed POSSESSING FIREARMS & WEAPONS upon motion of U. S. Atty. WHICH HAD THE MILITARY LOT (9 - 12) NO. & OTHER IDENTIFICATION REMOVED (9 - 12) Offense Level (disposition): 4 Complaints: NONE U. S. Attorneys: Robert J. Conrad, Jr. [COR LD NTC] U.S. Attorney's Office 227 W. Trade St. Carillon Bldg., Suite 1700 Charlotte, NC 28202 704-344-6222 Docket as of April 27, 1999 2:04 am Page 3 Proceedings include all events. 5:94cr19-ALL USA v. Pruess CLOSED 7/6/93 1 Application and Affidavit for Search Warrant [ 3:94-m -123 ] (pnm) [Entry date 07/18/94] 6/22/94 -- Search Warrant Issued in case as to Gregory R. Pruess by Magistrate Judge H. B. McKnight [ 3:94-m -123 ] (pnm) [Entry date 07/18/94] 7/6/94 2 Search Warrant Returned in case as to Gregory R. Pruess [ 3:94-m -123 ] (pnm) [Entry date 07/18/94] 8/1/94 3 INDICTMENT as to Gregory R. Pruess (1) count(s) 1-4, 5-8, 9-12 (smj) [Entry date 08/18/94] 8/1/94 4 MOTION by USA as to Gregory R. Pruess to Seal Indictment cc: HBM (smj) [Entry date 08/18/94] 8/1/94 5 ORDER as to Gregory R. Pruess granting [4-1] motion to Seal Indictment as to Gregory R. Pruess (1) ( Signed by Magistrate Judge H. B. McKnight ) (smj) [Entry date 08/18/94] 8/10/94 -- SUMMONS(ES) issued for Gregory R. Pruess for Initial Appearance set for 9:30 8/30/94 for Gregory R. Pruess and for Arraignment set for 9:30 8/30/94 for Gregory R. Pruess (sending to U. S. Marshal in Charlotte for service, copy to U. S. Atty.) (smj) [Entry date 08/18/94] 8/15/94 6 MOTION by USA as to Gregory R. Pruess to Unseal Indictment cc: HBM (smj) [Entry date 08/18/94] 8/15/94 7 ORDER as to Gregory R. Pruess granting [6-1] motion to Unseal Indictment as to Gregory R. Pruess (1) ( Signed by Magistrate Judge H. B. McKnight ) cc: USA, USPO (smj) [Entry date 08/18/94] 8/26/94 -- Case file for Gregory Roland Pruess sent to Clerk in Charlotte (smj) [Entry date 08/26/94] 9/15/94 -- Initial Appearance as to Gregory Roland Pruess held before Magistrate Judge McKnight in Charlotte. Deft. is present w/retained counsel Jerry Parnell & AUSA Shappert is present for the govt. Deft. receives a copy of the indictment & understands the charges & right to counsel. Govt. moves for $50,000 unsecured bond and Court allows. (Defendant informed of rights.) (smj) [Entry date 09/22/94] 9/15/94 -- Arraignment as to Gregory Roland Pruess held before Magistrate Judge McKnight in Charlotte. Deft. is present w/retained counsel Jerry Parnell & AUSA Shappert is present for the govt. Deft. pleads not guilty and requests a jury trial. Case is cont. to the Oct. 1994 Term in Statesville. (smj) [Entry date 09/22/94] Docket as of April 27, 1999 2:04 am Page 4 Proceedings include all events. 5:94cr19-ALL USA v. Pruess CLOSED 9/15/94 8 Unsecured BOND entered by Gregory Roland Pruess in Amount $50,000 (Deft.'s address: Rt. 5, Box 367, Boone, NC 28607, ph. no. 704-264-6500) (smj) [Entry date 09/22/94] 9/15/94 9 ORDER Setting Conditions of Release as to Gregory Roland Pruess ( Signed by Magistrate Judge H. B. McKnight ) (smj) [Entry date 09/22/94] 9/15/94 10 Arraignment Order as to Gregory Roland Pruess setting Calendar Call for 10:00 10/17/94 for Gregory Roland Pruess ; Motion Filing deadline on 9/30/94 for Gregory Roland Pruess ; ( Signed by Magistrate Judge H. B. McKnight ) cc: cnsl (smj) [Entry date 09/22/94] 9/15/94 11 Standard Discovery Order as to Gregory Roland Pruess cc: cnsl (smj) [Entry date 09/22/94] 9/22/94 -- Case file for Gregory Roland Pruess returned to Clerk in Statesville (smj) [Entry date 09/22/94] 9/23/94 12 Arrest WARRANT Returned Executed as to Gregory Roland Pruess on 9/15/94 (smj) [Entry date 09/23/94] 10/12/94 13 MOTION by Gregory Roland Pruess of Continuance in Interests of Justice w/cs cc: RLV (smj) [Entry date 10/14/94] 10/14/94 14 ORDER as to Gregory Roland Pruess granting [13-1] motion of Continuance in Interests of Justice Time Excluded from 10/14/94 to 12/05/94 as to Gregory Roland Pruess (1) ( Signed by Judge Richard L. Voorhees ) cc: cnsl (smj) [Entry date 10/14/94] 11/30/94 15 MOTION by Gregory Roland Pruess of Continuance in Interests of Justice w/cs cc: RLV (also faxed copy to RLV) (smj) [Entry date 11/30/94] 12/1/94 16 ORDER as to Gregory Roland Pruess granting [15-1] motion of Continuance in Interests of Justice Time Excluded from 12/01/94 to 02/21/95 as to Gregory Roland Pruess (1) ( Signed by Judge Richard L. Voorhees ) cc: cnsl, USPO (smj) [Entry date 12/01/94] 12/15/94 17 Request For NOTICE Of Alibi/Insanity Defense by USA as to Gregory Roland Pruess w/cs (smj) [Entry date 12/15/94] 2/21/95 18 Plea Agreement as to Gregory Roland Pruess. Plea and Rule 11 hearing set for 2/21/95 for Gregory Roland Pruess. cc: RLV, USA, USPO (SEALED) (smj) [Entry date 02/23/95] 2/21/95 19 MOTION by USA as to Gregory Roland Pruess to Seal Plea Agreement SEALED (smj) [Entry date 02/23/95] [Edit date 02/23/95] Docket as of April 27, 1999 2:04 am Page 5 Proceedings include all events. 5:94cr19-ALL USA v. Pruess CLOSED 2/21/95 20 ORDER as to Gregory Roland Pruess granting [19-1] motion to Seal Plea Agreement as to Gregory Roland Pruess (1) ( Signed by Judge Richard L. Voorhees ) SEALED (smj) [Entry date 02/23/95] [Edit date 02/23/95] 2/21/95 -- PLEA entered by Gregory Roland Pruess. Court accepts plea. Guilty: Gregory Roland Pruess (1) count(s) 8 (Terminated motions: ) (smj) [Entry date 02/23/95] 2/21/95 -- Plea and Rule 11 hearing as to Gregory Roland Pruess held before Judge Voorhees in Statesville. Deft. is sworn and present w/retained counsel Jerry Parnell and AUSA Church is present for the govt. Peterson is the reporter. Deft. pleads guilty to Ct. 8. Rule 11 inquiry and findings are made and accepted by the Court. F/B & Sentencing are deferred. (smj) [Entry date 02/23/95] 5/11/95 21 MOTION by USA as to Gregory Roland Pruess to Unseal Plea Agreement w/cs cc: HBM (smj) [Entry date 05/16/95] 5/16/95 22 MOTION by USA as to Gregory Roland Pruess to Unseal Plea Agreement w/cs cc: CH (duplicate of docket no. 21) (smj) [Entry date 05/17/95] 5/16/95 23 ORDER as to Gregory Roland Pruess granting [22-1] motion to Unseal Plea Agreement as to Gregory Roland Pruess (1), and granting [21-1] motion to Unseal Plea Agreement as to Gregory Roland Pruess (1) ( Signed by Magistrate Judge Carl Horn III ) cc: cnsl, USPO (smj) [Entry date 05/17/95] 6/8/95 24 ORDER as to Gregory Roland Pruess ( Signed by Judge Richard L. Voorhees ) ordering that the Defendant has until June 25, 1995 to file his objections to the Presentence Report. A copy of this order shall be directed to the United States Probation Office, the United States Attorney's Office and Defense Counsel. cc: cnsl, USPO (smj) [Entry date 06/08/95] 7/31/95 -- Sentencing set for 10:00 8/25/95 for Gregory Roland Pruess (smj) [Entry date 07/31/95] 8/1/95 -- Sentencing set for 11:00 8/14/95 for Gregory Roland Pruess (smj) [Entry date 08/01/95] 8/2/95 25 U.S. PROBATION'S NOTICE to court of completion of PSI report as to Gregory Roland Pruess - sentencing set for August 14, 1995 at 11:00 AM (smj) [Entry date 08/02/95] 8/10/95 26 JOINT MOTION by Gregory Roland Pruess to Continue Sentencing cc: RLV (smj) [Entry date 08/14/95] 8/11/95 27 ORDER as to Gregory Roland Pruess granting [26-1] motion to Continue Sentencing as to Gregory Roland Pruess (1) ( Signed by Judge Richard L. Voorhees ) cc: cnsl (smj) Docket as of April 27, 1999 2:04 am Page 6 Proceedings include all events. 5:94cr19-ALL USA v. Pruess CLOSED [Entry date 08/14/95] 9/26/95 -- Sentencing set for 10:15 10/30/95 for Gregory Roland Pruess on count(s) 8 (smj) [Entry date 09/26/95] 12/11/95 -- Sentencing set for 10:30 1/9/96 for Gregory Roland Pruess , Gregory Roland Pruess (1) count(s) 8 (smj) [Entry date 12/11/95] 1/9/96 28 MOTION by Gregory Roland Pruess to Continue Sentencing w/cs cc: RLV (smj) [Entry date 01/09/96] 1/9/96 29 ORDER as to Gregory Roland Pruess granting [28-1] motion to Continue Sentencing to Feb. 1996 Term as to Gregory Roland Pruess (1) ( Signed by Judge Richard L. Voorhees ) cc: cnsl (smj) [Entry date 01/09/96] 2/6/96 -- Sentencing set for 11:45 2/20/96 for Gregory Roland Pruess , Gregory Roland Pruess (1) count(s) 8 before Judge Richard L. Voorhees (smj) [Entry date 02/06/96] 2/20/96 -- Sentencing held Gregory Roland Pruess (1) count(s) 8 Judge: Voorhees Crt Rptr: Sydney Silva. Deft. is present w/retained counsel Jerry Parnell & AUSA Conrad is present for govt. (See Judgment for sentence) (smj) [Entry date 02/20/96] 2/20/96 -- DISMISSAL of Count(s) on Government Motion as to Gregory Roland Pruess Terminated motions: Counts Dismissed: Gregory Roland Pruess (1) count(s) 1-4, 5-7, 9-12 (smj) [Entry date 02/20/96] 4/16/96 30 JUDGMENT Gregory Roland Pruess (1) count(s) 8. SENTENCE IMPOSED BY THE COURT ON 2-20-96: 12 MONTHS & 1 DAY IMPRISONMENT PLUS 3 YRS. SUPERVISED RELEASE with standard conditions of supervised release & the following special condition: Deft. is to perform 500 hrs. of community service as directed by the Probation Office. Deft. is to pay an assessment fee of $50 which is due immediately. Deft. is to surrender his federal firearm licenses and forms within 45 days from the entry of this judgment. Court recommends that deft. be designated to Seymour Johnson or to Estill, SC. Court recommends that deft. support his minor children while incarcerated. Deft. is allowed to self-report. ( Signed by Judge Richard L. Voorhees ) ( Crim Judge Vol: XXIV ) cc: USA, USM, USPO, def. cnsl, Fine Center (smj) [Entry date 04/18/96] 6/24/96 31 Judgment Returned Executed as to Gregory Roland Pruess - deft. voluntarily surrendered to LSCI Butner, Butner, NC on 6/3/96 (smj) [Entry date 06/24/96] 10/8/98 -- Case file for Gregory Roland Pruess sent to Clerk in Charlotte for CAC Foster to review (smj) Docket as of April 27, 1999 2:04 am Page 7 Proceedings include all events. 5:94cr19-ALL USA v. Pruess CLOSED [Entry date 10/08/98] 10/15/98 -- Case file for Gregory Roland Pruess returned to Clerk in Statesville (smj) [Entry date 10/15/98] [END OF DOCKET: 5:94cr19-0]