Case: 3:13-cr-00008-HTW-FKB As of: 07/28/2016 01:14 PM CDT 1 of 6

CLOSED,FKB

U.S. District Court

Southern District of Mississippi (Northern (Jackson))
CRIMINAL DOCKET FOR CASE #: 3:13cr00008HTWFKB1
Case title: USA v. Harris et al

Date Filed: 01/24/2013

Date Terminated: 07/20/2015

Assigned to: District Judge Henry T.

Wingate
Referred to: Magistrate Judge F. Keith
Ball
Defendant (1)
Marietta Harris
TERMINATED: 07/20/2015

represented by Aafram Y. Sellers

SELLERS &ASSOCIATES, PLLC
5760 Interstate 55 North, Suite 300
Jackson, MS 39211
601/3520102
Fax: 601/3520106
Email: aafram@sellerslawfirm.net
TERMINATED: 08/22/2013
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: CJA Appointment
Ivon Johnson
LAW OFFICE OF IVON JOHNSON
16 Northtown Drive, 200A
Jackson, MS 39211
504/8586952
Email: ivonjohnsonlaw@att.net
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
S. Dennis Joiner
FEDERAL PUBLIC DEFENDER
Jackson
200 S. Lamar, Suite 200N
Jackson, MS 39201
601/9484284
Fax: 601/9485510
Email: dennis_joiner@fd.org
TERMINATED: 01/30/2013
Designation: Public Defender or
Community Defender Appointment

Pending Counts

Disposition

None
Highest Offense Level (Opening)
None
Terminated Counts

Disposition

CONSPIRE TO DEFRAUD
GOVERNMENT RESPECT TO CLAIM
(1)

Dismissed Without Prejudice

Dismissed Without Prejudice

Case: 3:13-cr-00008-HTW-FKB As of: 07/28/2016 01:14 PM CDT 2 of 6

PUBLIC MONEY, PROPERTY OR
RECORDS
(216)
FRAUD WITH IDENTIFICATION
DOCUMENTS
(2936)

Dismissed Without Prejudice

Highest Offense Level (Terminated)

Felony
Complaints
None

Interested Party
Probation Jackson

Interested Party
Probation Officer Lynda Tillis

Interested Party
Probation Officer Jamie Newman

Interested Party
Probation Officer Chris Whitver

Interested Party
Probation Officer Brooke W. Sullivan

Interested Party
Probation Officer Athena O'Briant
Staires

Interested Party
Probation Officer Jamie Harrell

Interested Party
Probation Officer Robert Wilder

Interested Party
Brenda Wolverton

Interested Party
Court Reporter Gina Morris

Disposition

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Plaintiff
USA

represented by Patrick A. Lemon Government

U. S. ATTORNEY'S OFFICE Jackson
501 East Court Street
Suite 4.430
Jackson, MS 39201
601/9732882
Fax: 601/9654409
Email: pat.lemon@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
David H. Fulcher Federal Gov
U. S. ATTORNEY'S OFFICE Jackson
501 East Court Street
Suite 4.430
Jackson, MS 39201
601/9732824
Fax: 601/9654409
Email: dave.fulcher@usdoj.gov
ATTORNEY TO BE NOTICED
Gregory L. Kennedy
U. S. ATTORNEY'S OFFICE Jackson
501 East Court Street
Suite 4.430
Jackson, MS 39201
601/9732808
Fax: 601/9654409
Email: gregg.kennedy@usdoj.gov
ATTORNEY TO BE NOTICED

Date Filed

Docket Text

01/24/2013

1 MOTION to Seal Case by Patrick A. Lemon as to Marietta Harris, Ladonna

Cooper, Tony Jones, Nikki Thomas, Shekeila Jones, S'ade Tyler (SEC) (Entered:
01/25/2013)

01/24/2013

2 ORDER granting 1 Motion to Seal Case as to Marietta Harris (1), Ladonna Cooper
(2), Tony Jones (3), Nikki Thomas (4), Shekeila Jones (5), S'ade Tyler (6) Signed
by Magistrate Judge F. Keith Ball on 1/23/13 (SEC) (Entered: 01/25/2013)

01/24/2013

3 *RESTRICTED* DOCUMENT as to Marietta Harris, Ladonna Cooper, Tony

Jones, Nikki Thomas, Shekeila Jones, S'ade Tyler (SEC) (Entered: 01/25/2013)

01/24/2013

4 Redacted Indictment as to Marietta Harris (1) count(s) 1, 216, 2936, Ladonna

Cooper (2) count(s) 1, Tony Jones (3) count(s) 1, Nikki Thomas (4) count(s) 1,
218, 3738, Shekeila Jones (5) count(s) 1, 216, 2528, 4142, S'ade Tyler (6)
count(s) 1, 1924, 3940. (Attachments: # 1 Criminal Cover Sheet Marietta Harris,
# 2 Criminal Cover Sheet Shekeila Jones, # 3 Criminal Cover Sheet Nikki Thomas,
# 4 Criminal Cover Sheet Tony Jones, # 5 Criminal Cover Sheet S'adeTyler, # 6
Criminal Cover Sheet Ladonna Cooper) (SEC) (Entered: 01/25/2013)

01/24/2013

5 Praecipe for Warrant by USA as to Marietta Harris re 4 Indictment Redacted,,

(SEC) (Entered: 01/25/2013)

01/29/2013

12 MOTION to Unseal Case by Patrick A. Lemon as to Marietta Harris, Ladonna

Cooper, Tony Jones, Nikki Thomas, Shekeila Jones, S'ade Tyler. (JEJ) (Entered:
01/29/2013)

01/29/2013

13 ORDER granting 12 Motion to Unseal Case as to Marietta Harris (1), Ladonna

Cooper (2), Tony Jones (3), Nikki Thomas (4), Shekeila Jones (5), S'ade Tyler (6).
Signed by Magistrate Judge F. Keith Ball on 1/29/13. (JEJ) (Entered: 01/29/2013)

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01/29/2013

14 Arrest Warrant Returned Executed on 1/29/13 in case as to Marietta Harris. (SEC)

(Entered: 01/30/2013)

01/29/2013

Minute Entry for proceedings held before Magistrate Judge F. Keith

Ball:Arraignment and Initial Appearance as to Marietta Harris (1) Count
1,216,2936 and Ladonna Cooper (2) Count 1 and Tony Jones (3) Count 1 and
Nikki Thomas (4) Count 1,218,3738 and S'ade Tyler (6) Count 1,1924,3940
held on 1/29/2013 in Jackson, MS. Appearances: Patrick Lemon, AUSA; Omodare
Jupiter, FPD; Robert Wilder &Mark Quarles, USPO. The goverment moved for
detention for Defendant Harris and bond for the remaining Defendants. Defendant
Harris requested hearing &same was set for January 30, 2013, at 2:30 p.m. The
remaining Defendants were placed on bond. Defendant Harris was remanded to
custody of the U.S. Marsahl. (Tape #1292013FKB) (JEJ) (Entered:
01/30/2013)

01/29/2013

18 *RESTRICTED* CJA 23 Financial Affidavit by Marietta Harris. (JEJ) (Entered:

01/30/2013)

01/29/2013

23 ORDER APPOINTING FEDERAL PUBLIC DEFENDER as to Marietta Harris. S.

Dennis Joiner for Marietta Harris appointed. Signed by Magistrate Judge F. Keith
Ball on 1/29/13. (JEJ) (Entered: 01/30/2013)

01/29/2013

28 TRIAL ORDER as to Marietta Harris, Ladonna Cooper, Tony Jones, Nikki

Thomas, S'ade Tyler. Jury Trial set for 4/8/2013 09:00 AM in Courtroom 6A
(Jackson) Wingate before District Judge Henry T. Wingate; Motion Dispositive
Deadline due by 3/28/2013; Oral Argument due by 3/28/2013; Motion
NDispositive Deadline due by 3/14/2013; Instruction/Exhibit/Witness List due by
4/4/2013. Signed by Magistrate Judge F. Keith Ball on 1/29/13. (JEJ) (Entered:
01/30/2013)

01/29/2013

29 ORDER Regarding Discovery as to Marietta Harris, Ladonna Cooper, Tony Jones,

Nikki Thomas, S'ade Tyler. Signed by Magistrate Judge F. Keith Ball on 1/29/13.
(JEJ) (Entered: 01/30/2013)

01/30/2013

39 ORDER Substituting Counsel as to Marietta Harris. Signed by Magistrate Judge F.

Keith Ball on 1/30/13. (JEJ) (Entered: 01/30/2013)

01/30/2013

40 CJA 20 as to Marietta Harris: Appointment of Attorney Aafram Y. Sellers for

Marietta Harris. Signed by Magistrate Judge F. Keith Ball on 1/30/13. (JEJ)
(Entered: 01/30/2013)

01/30/2013

41 NOTICE OF ATTORNEY APPEARANCE David H. Fulcher appearing for USA.

(Fulcher, David) (Entered: 01/30/2013)

01/30/2013

Minute Entry for proceedings held before Magistrate Judge F. Keith Ball:
Detention Hearing as to Marietta Harris held on 1/30/2013 in Jackson, MS.
Appearances: Dave Fulcher, AUSA; Brice White, retained attorney; Peter Lang,
USPO. Following a short hearing, the Court placed Defendant on bond. Defendant
will be released after processing by U.S. Marshal. (Tape #1302013FKB) (JEJ)
(Entered: 01/30/2013)

01/30/2013

44 Appearance Bond Entered as to Marietta Harris in the amount of $10,000. (JEJ)

(Entered: 01/30/2013)

01/30/2013

45 ORDER Setting Conditions of Release as to Marietta Harris (1) Appearance Bond.

Signed by Magistrate Judge F. Keith Ball on 1/30/13. (JEJ) (Entered: 01/30/2013)

01/31/2013

47 NOTICE OF ASSIGNMENT (PROBATION) Officer Lynda Tillis as to Marietta

Harris. (MGB) (Entered: 01/31/2013)

03/04/2013

66 MOTION to Amend/Correct 3 Restricted Document (Court Users and Case

Participants Only) by Patrick A. Lemon as to Marietta Harris, Ladonna Cooper,
Tony Jones, Nikki Thomas, Shekeila Jones, S'ade Tyler (Lemon, Patrick) (Entered:
03/04/2013)

03/06/2013

68 Arrest Warrant Returned Executed on 1/28/13 in case as to Marietta Harris. (JEJ)

(Entered: 03/06/2013)

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03/07/2013

71 First MOTION to Substitute Attorney by Ivon Johnson as to Marietta Harris

(Johnson, Ivon) (Entered: 03/07/2013)

03/07/2013

72 MOTION to Continue by Ivon Johnson as to Marietta Harris (Johnson, Ivon)

(Entered: 03/07/2013)

03/07/2013

73 MOTION to Continue by Larry E. Yarbrough as to Marietta Harris, Ladonna

Cooper, Tony Jones, Nikki Thomas, Shekeila Jones, S'ade Tyler (Yarbrough,
Larry) (Entered: 03/07/2013)

03/08/2013

75 NOTICE of Withdrawal of Counsel by USA as to Marietta Harris, Ladonna

Cooper, Tony Jones, Nikki Thomas, Shekeila Jones, S'ade Tyler (Fulcher, David)
(Entered: 03/08/2013)

03/20/2013

81 ORDER granting 72 Motion to Continue as to Marietta Harris (1) Signed by

District Judge Henry T. Wingate on 3/18/13 (TRS) (Entered: 03/20/2013)

03/20/2013

Reset Hearings as to Marietta Harris: Jury Trial set for 7/8/2013 09:00 AM in
Courtroom 6A (Jackson) Wingate before District Judge Henry T. Wingate (TRS)
(Entered: 03/20/2013)

06/21/2013

Set Hearings as to Marietta Harris: Change of Plea Hearing set for 7/11/2013 10:00
AM in Courtroom 6A (Jackson) Wingate before District Judge Henry T. Wingate
(TRS) (Entered: 06/21/2013)

07/11/2013

Minute Entry for proceedings held before District Judge Henry T. Wingate.
APPEARANCES: Patrick Lemon, AUSA; Ivon Johnson, defense counsel; Chris
Whitver, USPO. Change of Plea Hearing as to Marietta Harris held on 7/11/2013.
The court continued the plea hearing to allow defendant and defense counsel to
thoroughly discuss the charges in the indictment. The change of plea hearing will
be rescheduled next week if defendant wishes to proceed otherwise a trial date will
be set by the court. (Court Reporter Cherie Bond, 6016084186) (TRS) (Entered:
07/11/2013)

08/20/2013

Reset Hearings as to Marietta Harris: Jury Trial set for 11/4/2013 09:00 AM in
Courtroom 6A (Jackson) Wingate before District Judge Henry T. Wingate (TRS)
(Entered: 08/20/2013)

08/20/2013

DOCKET ANNOTATION as to Resetting Hearing: DISREGARD SETTING.

THE NOTICE SHOULD HAVE BEEN DOCKETED IN CRIMINAL CASE NO.
3:13cr61. (TRS) (Entered: 08/20/2013)

08/22/2013

TEXTONLY ORDER granting 71 Motion to Substitute Attorney as to Marietta

Harris (1). No further written order shall issue from the Court. Signed by
Magistrate Judge F. Keith Ball on 8/22/2013. (JEJ) (Entered: 08/22/2013)

12/03/2013

101 Second MOTION to Continue by Ivon Johnson as to Marietta Harris (Johnson,

Ivon) (Entered: 12/03/2013)

06/23/2014

104 MOTION to Withdraw Plea of Guilty of Tony Jones by Wm. Andy Sumrall as to
Tony Jones (Sumrall, Wm.) (Entered: 06/23/2014)

07/16/2014

107 MOTION to Withdraw as Attorney by Wm. Andy Sumrall. by Wm. Andy Sumrall
as to Marietta Harris, Ladonna Cooper, Tony Jones, Nikki Thomas, Shekeila Jones,
S'ade Tyler (Sumrall, Wm.) (Entered: 07/16/2014)

10/02/2014

128 ORDER as to Marietta Harris, ( Sentencing set for 11/10/2014 09:30 AM in

Courtroom 6A (Jackson) Wingate before District Judge Henry T. Wingate ).
Signed by District Judge Henry T. Wingate on 10/2/14 (TRS) (Entered:
10/02/2014)

10/15/2014

DOCKET ANNOTATION as to the previous entry: The Order of Continuance

should have been filed in Criminal Case No. 3:13cr61HTW. (TRS) (Entered:
10/15/2014)

06/10/2015

158 ORDER dismissing as moot 66 Motion to Amend/Correct as to Marietta Harris (1),

Shekeila Jones (5), S'ade Tyler (6); dismissing 104 Motion to Withdraw Plea of
Guilty as to Marietta Harris (1), Shekeila Jones (5), S'ade Tyler (6); finding as
moot 107 Motion to Withdraw as Attorney. as to Marietta Harris (1), Shekeila

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Jones (5), S'ade Tyler (6) Signed by District Judge Henry T. Wingate on 6/9/15
(TRS) (Entered: 06/10/2015)
07/20/2015

161 MOTION to Dismiss Indictment Without Prejudice filed by Marietta Harris. (ND)
(Entered: 07/20/2015)

07/20/2015

162 ORDER granting 161 Motion to Dismiss Indictment Without Prejudice as to

Marietta Harris (1). Signed by District Judge Henry T. Wingate on 7/20/2015 (ND)
(Entered: 07/20/2015)

Case 3:13-cr-00008-HTW-FKB Document 71 Filed 03/07/13 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
JACKSON DIVISION

UNITED STATES OF AMERICA

V.

CRIMINAL NO. 3:13-cr-00008-HTW-FKB-1

MARIETTA HARRIS
______________________________________________________________________________
DEFENDANT MARIETTA HARRISS MOTION TO
SUBSTITUTE COUNSEL
______________________________________________________________________________

COMES NOW Defendant, MARIETTA HARRIS, and files this Defendants Motion to
Substitute Counsel. Defendant requests the substitution of Ivon Johnson, Attorney at Law; P.O.
Box 16345 Jackson, MS 39236-6345, in place of Aafram Y. Sellers, Attorney at Law; 5760 I-55
Suite 300 Jackson, MS 39211. The Assistant United States Attorney, Patrick Lemon, Esq., has
been contacted and has no objection to this motion.
WHEREFORE PREMISES CONSIDERED, the defendant respectfully requests that his
MOTION TO SUBSTITUTE COUNSEL be granted and for such other and further relief that the
Court deems just and proper.
Respectfully submitted this the 6th day of March, 2013.
MARIETTA HARRIS, DEFENDANT
By: Ivon Johnson
Attorney for Defendant
s/Ivon Johnson
Ivon Johnson, MSB #103164
Law Office of Ivon Johnson
P.O. Box 16345
1

Case 3:13-cr-00008-HTW-FKB Document 71 Filed 03/07/13 Page 2 of 2

Jackson, MS 39236
16 Northtown Drive, Ste. 200A
Jackson, MS 39211
Telephone: (504) 858-6952
Facsimile:(601)898-3900
Email: ivonjohnsonlaw@att.net
Attorney for Defendant
CERTIFICATE OF SERVICE

I, IVON JOHNSON, do hereby certify that on the 6th day of March, 2013, I electronically
filed the foregoing with the Clerk of the Court using the ECF system which sent notification of
such filing to Patrick Lemon, Esq., Assistant United States Attorney.
s/Ivon Johnson
Ivon Johnson
Attorney for Defendant

Case 3:13-cr-00061-HTW-FKB Document 46 Filed 12/05/13 Page 1 of 3

Case 3:13-cr-00061-HTW-FKB Document 46 Filed 12/05/13 Page 2 of 3

Case 3:13-cr-00061-HTW-FKB Document 46 Filed 12/05/13 Page 3 of 3

Case 3:13-cr-00008-HTW-FKB Document 101 Filed 12/03/13 Page 1 of 3

Case 3:13-cr-00008-HTW-FKB Document 101 Filed 12/03/13 Page 2 of 3

Case 3:13-cr-00008-HTW-FKB Document 101 Filed 12/03/13 Page 3 of 3

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CLOSED,FKB

U.S. District Court

Southern District of Mississippi (Northern (Jackson))
CRIMINAL DOCKET FOR CASE #: 3:13cr00061HTWFKB1
Case title: USA v. Harris et al

Date Filed: 06/25/2013

Date Terminated: 04/17/2015

Assigned to: District Judge Henry T.

Wingate
Referred to: Magistrate Judge F. Keith
Ball
Defendant (1)
Marietta Harris
37 Doak St.
Grenada, MS 38901
TERMINATED: 04/17/2015

represented by Ivon Johnson

LAW OFFICE OF IVON JOHNSON
16 Northtown Drive, 200A
Jackson, MS 39211
504/8586952
Email: ivonjohnsonlaw@att.net
TERMINATED: 09/22/2015
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained
John Graham Holaday
HOLADAY LAW FIRM, PLLC
P. O. Box 321406
586 Lakeland East Drive, Suite C
Flowood, MS 39232
601/4143574
Fax: 601/9927727
Email: john@msattys.com
TERMINATED: 09/22/2015
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
S. Dennis Joiner
FEDERAL PUBLIC DEFENDER Jackson
200 S. Lamar, Suite 200N
Jackson, MS 39201
601/9484284
Fax: 601/9485510
Email: dennis_joiner@fd.org
TERMINATED: 09/22/2015
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Public Defender or Community
Defender Appointment
Sibyl C. Byrd
MCDUFF &BYRD
767 North Congress Street
Jackson, MS 39202
601/9690802
Fax: 601/9690804
Email: scb@mcdufflaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: CJA Appointment

Case: 3:13-cr-00061-HTW-FKB As of: 07/28/2016 02:37 PM CDT 2 of 8

Pending Counts

Disposition

CONSPIRE TO DEFRAUD
GOVERNMENT RESPECT TO
CLAIM
(1)

120 month imprisonment followed by a 3 year

term of supervised release. Ordered to pay
$771,956.27 restitution and $100.00 special
assessment fee. Restitution is to paid jointly and
severally with codefendants Nikki Thomas in
Criminal No. for 3:13cr8 $771,956.27; S'ade
Tyler in Criminal No. 3:18cr8 for $63,211.39;
S'ade Tyler in Criminal No. 3:13cr10 for
$30,068.40; LaDonna Cooper in Criminal No.
3:13cr8 for $222,137.13; Tony Jones in Criminal
No. 3:13cr8 for $222,137.13; Shekeila Jones in
Criminal No. 3:13cr8 for $52,060.00; Diandra
Thomas in Criminal No. 3:13cr61 for
$43,250.00; Pamlia Johnson in Criminal No.
3:13cr61 for $82,040.00; and Ciara Gooden in
Criminal No. 3:13cr7 for $27,579.65

PUBLIC MONEY, PROPERTY OR

RECORDS/THEFT OF
GOVERNMENT PROPERTY OR
FUNDS
(29)

Dismissed on government's motion

FRAUD WITH IDENTIFICATION

DOCUMENTS/AGGRAVATED
IDENTITY THEFT
(1017)

Dismissed on government's motion

Highest Offense Level (Opening)

Felony
Terminated Counts

Disposition

None
Highest Offense Level (Terminated)
None
Complaints
None

Interested Party
Probation Jackson

Interested Party
Probation Officer Lynda Tillis
TERMINATED: 01/22/2015

Interested Party
Probation Officer Lynda Tillis
TERMINATED: 01/22/2015

Interested Party

Disposition

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Probation Officer Jamie Harrell

Interested Party
Probation Officer Jamie Harrell

Interested Party
Probation Officer Athena O'Briant
Staires

Interested Party
Court Reporter Gina Morris

Interested Party
Court Reporter Gina Morris

Interested Party
Probation Officer Shameka Horton

Plaintiff
USA

Date Filed

represented by Patrick A. Lemon Government

U. S. ATTORNEY'S OFFICE Jackson
501 East Court Street
Suite 4.430
Jackson, MS 39201
601/9732882
Fax: 601/9654409
Email: pat.lemon@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
#

Docket Text

06/25/2013

1 Redacted Indictment as to Marietta Harris (1) count(s) 1, 29, 1017, Pamlia

Johnson (2) count(s) 1, Diandra Thomas (3) count(s) 1, 1821. (Attachments: # 1
Criminal Cover Sheet Harris, # 2 Criminal Cover Sheet Johnson, # 3 Criminal
Cover Sheet Thomas) (cwl) (Entered: 06/26/2013)

06/25/2013

2 *RESTRICTED* DOCUMENT UNREDACTED INDICTMENT as to Marietta

Harris, Pamlia Johnson, Diandra Thomas (cwl) (Entered: 06/26/2013)

06/25/2013

3 Praecipe for Warrant by USA as to Marietta Harris (cwl) (Entered: 06/26/2013)

07/16/2013

29 MOTION to Reassign by Patrick A. Lemon as to Marietta Harris, Pamlia Johnson,

Diandra Thomas (Lemon, Patrick) (Entered: 07/16/2013)

07/30/2013

31 ORDER granting 29 Motion to Reassign as to Marietta Harris (1), Pamlia Johnson

(2), Diandra Thomas (3); that this case is reassigned from U.S. Disrict Judge Tom
S.Lee and U.S. Magisrate Judge Linda R. Anderson to U.S. District Judge Henry T.
Wingate and U.. Magistrate judge F. Keith Ball Signed by Chief District Judge
Louis Guirola, Jr on 7/30/13 (SEC) (Entered: 07/30/2013)

07/30/2013

Case as to Marietta Harris, Pamlia Johnson, Diandra Thomas Reassigned to

District Judge Henry T. Wingate and Magistrate Judge F. Keith Ball. District Judge
Tom S. Lee, Magistrate Judge Linda R. Anderson no longer assigned to the case.

Case: 3:13-cr-00061-HTW-FKB As of: 07/28/2016 02:37 PM CDT 4 of 8

(SEC) (Entered: 07/30/2013)
08/20/2013

Set Hearings as to Marietta Harris: Jury Trial set for 11/4/2013 09:00 AM in
Courtroom 6A (Jackson) Wingate before District Judge Henry T. Wingate (TRS)
(Entered: 08/20/2013)

08/22/2013

Minute Entry for proceedings held before Magistrate Judge F. Keith

Ball:Arraignment and Initial Appearance as to Marietta Harris (1) Count
1,29,1017 held on 8/22/2013 in Jackson, MS. Appearances: Patrick Lemon,
AUSA; Ivon Johnson, retained attorney; Lynda Tillis, USPO. Reading of
Indictment waived. Plea of not guilty to all counts entered. The government did not
object to bond and the Court placed Defendant on bond. Defendant will be released
after processing by U.S. Marshal Service. (Tape #8222013FKB; 17:1717:35)
(JEJ) (Entered: 08/26/2013)

08/23/2013

32 NOTICE OF ASSIGNMENT (PROBATION) Officer Lynda Tillis as to Marietta

Harris. (cwl) (Main Document 32 replaced on 6/25/2015) (cwl). (Entered:
08/23/2013)

08/26/2013

33 TRIAL ORDER as to Marietta Harris. Jury Trial set for 11/4/2013 09:00 AM in
Courtroom 6A (Jackson) Wingate before District Judge Henry T. Wingate; Motion
Dispositive Deadline due by 10/24/2013; Oral Argument due by 10/24/2013;
Motion NDispositive Deadline due by 10/10/2013; Instruction/Exhibit/Witness
List due by 10/31/2013. Signed by Magistrate Judge F. Keith Ball on 8/22/2013.
(JEJ) (Entered: 08/26/2013)

08/26/2013

34 ORDER Regarding Discovery as to Marietta Harris. Signed by Magistrate Judge F.

Keith Ball on 8/22/13. (JEJ) (Entered: 08/26/2013)

08/26/2013

35 Appearance Bond Entered as to Marietta Harris in the amount of $10,000. (JEJ)

(Entered: 08/26/2013)

08/26/2013

36 ORDER Setting Conditions of Release as to Marietta Harris (1) Appearance Bond.

Signed by Magistrate Judge F. Keith Ball on 8/22/13. (JEJ) (Entered: 08/26/2013)

09/04/2013

Set Hearings as to Marietta Harris: Change of Plea Hearing set for 9/20/2013 09:30
AM in Courtroom 6A (Jackson) Wingate before District Judge Henry T. Wingate
(TRS) (Entered: 09/04/2013)

09/20/2013

Minute Entry for proceedings held before District Judge Henry T. Wingate.
APPEARANCES: Patrick Lemon, AUSA; Ivon Johnson, retained counsel; Chris
Whitver, USPO. Change of Plea Hearing as to Marietta Harris held on 9/20/2013.
The court did not accept the defendant's plea of guilty. (Court Reporter Cherie
Bond, 6016084186) (TRS) (Entered: 09/20/2013)

10/09/2013

44 MOTION to Continue by Ivon Johnson as to Marietta Harris (Johnson, Ivon)

(Entered: 10/09/2013)

10/17/2013

45 AGREED ORDER granting 44 Motion to Continue as to Marietta Harris (1)

Signed by District Judge Henry T. Wingate on 10/16/13 (TRS) (Entered:
10/17/2013)

12/05/2013

46 MOTION to Continue by Ivon Johnson as to Marietta Harris, Pamlia Johnson,

Diandra Thomas (Johnson, Ivon) (Entered: 12/05/2013)

12/31/2013

47 ORDER granting 46 Motion to Continue as to Marietta Harris (1) Signed by

District Judge Henry T. Wingate on 12/30/13 (TRS) (Entered: 12/31/2013)

12/31/2013

Reset Hearings as to Marietta Harris: Jury Trial set for 4/7/2014 09:00 AM in
Courtroom 6A (Jackson) Wingate before District Judge Henry T. Wingate (TRS)
(Entered: 12/31/2013)

02/05/2014

Reset Hearings as to Marietta Harris: Change of Plea Hearing set for 2/18/2014
02:30 PM in Courtroom 6A (Jackson) Wingate before District Judge Henry T.
Wingate (TRS) (Entered: 02/05/2014)

02/19/2014

Set Hearings as to Marietta Harris: Change of Plea Hearing set for 3/5/2014 09:00
AM in Courtroom 6A (Jackson) Wingate before District Judge Henry T. Wingate
(TRS) (Entered: 02/19/2014)

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03/05/2014

Minute Entry for proceedings held before District Judge Henry T. Wingate.
APPEARANCES: Patrick Lemon, AUSA; Ivon Johnson, retained counsel; Brooke
Sullivan, USPO. Change of Plea Hearing as to Marietta Harris held on 3/5/2014.
The defendant pled GUILTY to Count 1 of the indictment. The Plea Agreement
and Plea Supplement were made a part of the record. The Plea Supplement will be
filed UNDER SEAL. The defendant's factual basis statement was also made a part
of the record. ( Sentencing set for 5/15/2014 10:30 AM in Courtroom 6A (Jackson)
Wingate before District Judge Henry T. Wingate ). The defendant remained free on
current bond under the same conditions and restrictions as set forth. Court
Reporter/Transcriber Cherie Bond, Telephone Number : 6016084186. (TRS)
(Entered: 03/05/2014)

03/05/2014

48 PLEA AGREEMENT as to Marietta Harris (TRS) (Entered: 03/05/2014)

03/05/2014

50 ATTACHMENT re Change of Plea Hearing (TRS) (Entered: 03/05/2014)

03/06/2014

51 NOTICE OF ASSIGNMENT (PROBATION) Officer ATHENA STAIRES as to

Marietta Harris. (cwl) (Main Document 51 replaced on 6/25/2015) (cwl). (Entered:
03/06/2014)

05/23/2014

52 ORDER granting resetting the sentencing as to Marietta Harris. Signed by District

Judge Henry T. Wingate on 5/23/14 (TRS) (Entered: 05/23/2014)

07/30/2014

Reset Hearings as to Marietta Harris: Sentencing set for 8/15/2014 09:30 AM in

Courtroom 6A (Jackson) Wingate before District Judge Henry T. Wingate (TRS)
(Entered: 07/30/2014)

08/07/2014

Reset Hearings as to Marietta Harris: Sentencing reset for 8/27/2014 09:30 AM in

Courtroom 6A (Jackson) Wingate before District Judge Henry T. Wingate (TRS)
(Entered: 08/07/2014)

08/28/2014

Reset Hearings as to Marietta Harris: Sentencing reset for 10/3/2014 09:30 AM in

Courtroom 6A (Jackson) Wingate before District Judge Henry T. Wingate (TRS)
(Entered: 08/28/2014)

10/15/2014

63 ORDER TO CONTINUE sentencing as to Marietta Harris. Signed by District

Judge Henry T. Wingate on 10/2/14 (TRS) (Entered: 10/15/2014)

10/15/2014

Reset Hearings as to Marietta Harris: Sentencing set for 11/10/2014 09:30 AM in

Courtroom 6A (Jackson) Wingate before District Judge Henry T. Wingate (TRS)
(Entered: 10/15/2014)

11/10/2014

Reset Hearings as to Marietta Harris: Sentencing set for 11/20/2014 09:00 AM in

Courtroom 6A (Jackson) Wingate before District Judge Henry T. Wingate (TRS)
(Entered: 11/10/2014)

11/20/2014

Minute Entry for proceedings held before District Judge Henry T. Wingate.
APPEARENCES: Patrick Lemon, AUSA; Ivon Johnson, retained counsel;
defendant not present; Athena Staires, USPO. Sentencing held on 11/20/2014 for
Marietta Harris. The court was advised the defendant was not present due to the
hospitalization of her child. Sentencing was continued. The court requested the
following report be submitted: 1) child's current condition, 2) when did the child's
condtion worsen, 3) what type of treatment is the child receiving and over what
period of time, and 4) what other relatives can care for the child if the defendant
must be away. Further, the defendant was ordered to meet with the USPO at an
appropriate time, and counsel should submit written objections to USPO and
government's counsel. Court Reporter/Transcriber Gina Morris, Telephone Number
: 6016084187. (TRS) (Entered: 11/21/2014)

11/21/2014

64 Digital Audio File held on 112014 before Henry T. Wingate.AUDIO FILE

size(43.0 MB) (GM) (Entered: 11/21/2014)

03/31/2015

66 Arrest Warrant Returned Executed on 8/22/2013 in case as to Marietta Harris.

(cwl) (Entered: 03/31/2015)

04/08/2015

Minute Entry for proceedings held before District Judge Henry T. Wingate.
APPEARANCES: Patrick Lemon, AUSA; Ivon Jonson, retained counsel; Athena
Staires, USPO. Sentencing held on 4/8/2015 for Marietta Harris (1). Count(s) 1:
120 month imprisonment followed by a 3 year term of supervised release. Ordered

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to pay $771,956.27 restitution and $100.00 special assessment fee. Restitution is to
paid jointly and severally with codefendants Nikki Thomas in Criminal No. for
3:13cr8 $771,956.27; S'ade Tyler in Criminal No. 3:18cr8 for $63,211.39; S'ade
Tyler in Criminal No. 3:13cr10 for $30,068.40; LaDonna Cooper in Criminal No.
3:13cr8 for $222,137.13; Tony Jones in Criminal No. 3:13cr8 for $222,137.13;
Shekeila Jones in Criminal No. 3:13cr8 for $52,060.00; Diandra Thomas in
Criminal No. 3:13cr61 for $43,250.00; Pamlia Johnson in Criminal No. 3:13cr61
for $82,040.00; and Ciara Gooden in Criminal No. 3:13cr7 for $27,579.65;
Count(s) 1017, 29: Dismissed on government's motion. The Court allowed the
defendant to self report to the designated BOP on May 29, 2015 by 9:00 AM.
Court Reporter/Transcriber Cherie Bond, Telephone Number : 6016084186.
(TRS) (Entered: 04/08/2015)
04/13/2015

67 PRESENTENCE INVESTIGATION REPORT (Sealed) as to Marietta Harris

(Attachments: # 1 Amended Addendum, # 2 Defense Objections)(TRS) (Entered:
04/13/2015)

04/17/2015

68 *RESTRICTED* STATEMENT OF REASONS as to Marietta Harris (TRS)

(Entered: 04/17/2015)

04/17/2015

69 JUDGMENT as to Marietta Harris (1), Count(s) 1, 120 month imprisonment

followed by a 3 year term of supervised release. Ordered to pay $771,956.27
restitution and $100.00 special assessment fee. Restitution is to paid jointly and
severally with codefendants Nikki Thomas in Criminal No. for 3:13cr8
$771,956.27; S'ade Tyler in Criminal No. 3:18cr8 for $63,211.39; S'ade Tyler in
Criminal No. 3:13cr10 for $30,068.40; LaDonna Cooper in Criminal No. 3:13cr8
for $222,137.13; Tony Jones in Criminal No. 3:13cr8 for $222,137.13; Shekeila
Jones in Criminal No. 3:13cr8 for $52,060.00; Diandra Thomas in Criminal No.
3:13cr61 for $43,250.00; Pamlia Johnson in Criminal No. 3:13cr61 for $82,040.00;
and Ciara Gooden in Criminal No. 3:13cr7 for $27,579.65; Count(s) 1017, 29,
Dismissed on government's motion. Signed by District Judge Henry T. Wingate on
4/16/2015 (cwl) (Entered: 04/17/2015)

04/30/2015

70 NOTICE OF APPEAL by Marietta Harris re 69 Judgment,,, Filing fee $ 505,

receipt number 05382936052. (Holaday, John) (Entered: 04/30/2015)

04/30/2015

71 NOTICE OF ATTORNEY APPEARANCE: John Graham Holaday appearing for

Marietta Harris (Holaday, John) (Entered: 04/30/2015)

04/30/2015

DOCKET ANNOTATION as to # 70 : Transcript Order Form mailed to attorney

John Holaday. (cwl) (Entered: 04/30/2015)

04/30/2015

72 MOTION Stay Pending Appeal by John Graham Holaday as to Marietta Harris

(Holaday, John) (Entered: 04/30/2015)

05/11/2015

73 RESPONSE to Motion by USA as to Marietta Harris re 72 MOTION Stay Pending

Appeal (Lemon Government, Patrick) (Entered: 05/11/2015)

05/22/2015

74 Amended MOTION Motion to Stay Pending Appeal by John Graham Holaday as

to Marietta Harris, Pamlia Johnson, Diandra Thomas (Holaday, John) (Entered:
05/22/2015)

05/22/2015

75 Amended MOTION to Stay Pending Appeal (Second Amended) by John Graham

Holaday as to Marietta Harris, Pamlia Johnson, Diandra Thomas (Holaday, John)
(Entered: 05/22/2015)

05/28/2015

76 ORDER denying 72 Motion to Stay as to Marietta Harris (1); denying 74 Motion

Amended Motion to Stay as to Marietta Harris (1); denying 75 Second Amended
Motion to Stay as to Marietta Harris (1) Signed by District Judge Henry T.
Wingate on 5/27/15 (TRS) (Entered: 05/28/2015)

06/11/2015

77 NOTICE OF FILING OF OFFICIAL TRANSCRIPT filed as to Marietta Harris for

dates of 11202014 before Judge Henry T. Wingate, re 70 Notice of Appeal
Final Judgment Court Reporter/Transcriber Gina Morris, Telephone Number :
6016084187. NOTICE RE : REDACTION OF TRANSCRIPTS: The parties
have seven (7) calendar days to file with the Court a Notice of Intent to Request
Redaction of this transcript. If no Notice is filed, the transcript will be made
electronically available to the public without redaction after 90 calendar days. The

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policy is located on the court website at www.mssd.uscourts.gov. 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. Redaction Request due
7/2/2015. Redacted Transcript Deadline set for 7/13/2015. Release of Transcript
Restriction set for 9/9/2015. (GM) (Entered: 06/11/2015)
06/15/2015

79 MOTION to Withdraw as Attorney for Defendant Marietta Harris by John G.

Holaday. by John Graham Holaday as to Marietta Harris (Holaday, John) (Entered:
06/15/2015)

06/25/2015

Appeal Remark re 70 Notice of Appeal Final Judgment: Record on appeal

accepted and now available for parties. (cwl) (Entered: 06/25/2015)

08/05/2015

81 CERTIFIED COPY OF JUDGMENT/MANDATE Dismissing for want of

prosecution of USCA (certified copy) as to Marietta Harris re 70 Notice of Appeal
Final Judgment (Attachments: # 1 Cover Letter)(MGB) (Entered: 08/05/2015)

09/21/2015

86 ***ERROR** Disregard this entry***Writ Returned Executed on 9/21/15. as to

Marietta Harris (MGB) Modified on 9/21/2015 (MGB). (Entered: 09/21/2015)

09/21/2015

87 ARREST Warrant Returned Executed on 9/21/15 in case as to Marietta Harris.

(MGB) (Entered: 09/21/2015)

09/22/2015

Minute Entry for proceedings held before Magistrate Judge F. Keith Ball:Initial
Appearance as to Marietta Harris held on 9/22/2015 in Jackson, MS. Appearances:
Patrick Lemon, AUSA; John Holaday, retained attorney; Sibyl Byrd, CJA
Attorney; Mark Quarles, USPO. The motion to withdraw as attorney was granted
by the Court. The Court reviewed the financial affidavit and appointed the Federal
Public Defender. The case was then paneled to Sibyl Byrd, CJA Attorney. The
defendant initially requested a preliminary hearing and the government moved for
detention. The defendant later decided to waive the preliminary hearing and
confess detention. The defendant shall appear before Judge Wingate following this
hearing. The defendant was remanded to the custody of the U.S. Marshal Service.
Tape Number: 9222015FKB; 13:5314:05. (JEJ) (Entered: 09/22/2015)

09/22/2015

TEXTONLY ORDER granting 79 Motion to Withdraw as Attorney. John

Graham Holaday withdrawn from case as to Marietta Harris (1). Signed by
Magistrate Judge F. Keith Ball on 9/22/2015. (JEJ) (Entered: 09/22/2015)

09/22/2015

88 *RESTRICTED* CJA 23 Financial Affidavit by Marietta Harris. (JEJ) (Entered:

09/22/2015)

09/22/2015

89 ORDER APPOINTING FEDERAL PUBLIC DEFENDER as to Marietta Harris. S.

Dennis Joiner for Marietta Harris appointed. Signed by Magistrate Judge F. Keith
Ball on 9/22/2015. (JEJ) (Entered: 09/22/2015)

09/22/2015

90 ORDER Substituting Counsel as to Marietta Harris. Signed by Magistrate Judge F.

Keith Ball on 9/22/2015. (JEJ) (Entered: 09/22/2015)

09/22/2015

Minute Entry for proceedings held before District Judge Henry T. Wingate.
APPEARANCES: Pat Lemon, AUSA; Sybil Byrd, CJA attorney; Lee Grubbs and
Mark Quarles, USPO. Status Conference as to Marietta Harris held on 9/23/2015.
The defendant appeared before the court for her failure to report the designated
BOP as ordered. The court GRANTED defense counsel's request to continue the
hearing until counsel has had the opportunity to meet with the defendant.
Meanwhile, the defendant was remanded in the custody of USMS and to be held at
the Madison County Detention Center until the hearing is reset. Court
Reporter/Transcriber Cherie Bond, Telephone Number : 6016084186. (TRS)
(Entered: 09/23/2015)

06/02/2016

98 Letter from Marietta Harris, re dismissal or overturn of her case or guilty plea due
to inaffectiveness of council, etc. [unsigned] (Attachments: # 1 Envelope) (cwl)
(Entered: 07/13/2016)

06/02/2016

99 MOTION for dismissal or overturn of her case or guilty plea due to inaffectiveness
of council, etc. by Marietta Harris (Attachments: # 1 Envelope)(cwl) (Entered:
07/13/2016)

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06/30/2016

100 Letter from plaintiff, re status 99 Motion. (Attachments: # 1 Envelope) (cwl)

(Entered: 07/13/2016)

06/30/2016

101 ATTACHMENT re 99 MOTION dismissal or overturn of her case or guilty plea

due to inaffectiveness of council, etc. (Attachments: # 1 Envelope)(cwl) (Entered:
07/13/2016)

07/14/2016

102 Letter from plaintiff regarding injust, dishonesty, effectivenss and derest in her
case etc. (Attachments: # 1 Envelope) (cwl) (Entered: 07/14/2016)

07/27/2016

103 Letter from Marietta Harris (MGB) (Entered: 07/27/2016)

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