Matthew Cherry Federal Docket

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HAWCNFLT

U.S. District Court [LIVE]Eastern District of TEXAS (Beaumont)

CRIMINAL DOCKET FOR CASE #: 1:13-cr-00007-TH-1

Case title: USA v. Cherry Date Filed: 01/10/2013

Assigned to: Judge Thad Heartfield

Defendant (1)Matthew Thomas Cherry represented byJoseph C Hawthorn

Hawthorn & Hawthorn 485 Milam Street Beaumont, TX 77701 409/838-3969 Fax: 14098325611 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Retained

Pending Counts DispositionFALSE STATEMENT IN APPLICATION/USE OF PASSPORT(1)FALSE STATEMENT IN APPLICATION/USE OF PASSPORT(1s)RECEIPT OR DISTRIBUTE OF MATERIALS INVOLVING THE

SEXUAL EXPLOITATION OF MINORS - CRIMINAL FORFEITURE(2s)POSSESSION OF MATERIAL INVOLVING THE SEXUAL EXPLOITATION OF MINORS - CRIMINAL FORFEITURE(3s)

Highest Offense Level (Opening)Felony

Terminated Counts DispositionNone

Highest Offense Level (Terminated)None

Complaints DispositionNone

PlaintiffUSA represented byChristopher Tony Tortorice

U S Attorney's Office - Tyler 110 N. College Ste 700 Tyler, TX 75702 409-839-2538 Fax: 409-839-2550 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed # Docket Text

01/10/2013 2 SEALED INDICTMENT as to Sealed1 (1) count(s) 1. (bjc) (Entered: 01/11/2013)

01/10/2013 3 E-GOV SEALED Form AO 257 filed as to Sealed1 (bjc) (Entered: 01/11/2013)

04/08/2013 NOTICE OF HEARING as to Alton Ray McKenzie. Initial Appearance set for 4/23/2013 at 2:00 PM in Ctrm 6 (Beaumont) before Magistrate

Judge Keith F. Giblin. (sal) (Entered: 04/08/2013)

04/08/2013 Terminate Deadlines and Hearings as to Sealed1: NOTICE DOCKETED IN WRONG CASE NUMBER. (sal) (Entered: 04/08/2013)

04/23/2013 5 MOTION for Detention by USA as to Sealed1. (ksd) (Entered: 04/23/2013)

07/22/2014 6 ORDER OF RECUSAL of Zack Hawthorn in case as to Sealed1.. Signed by Magistrate Judge Zack Hawthorn on 7/22/2014. (bjc, ) (Entered: 07/22/2014)

07/22/2014 Arrest of Matthew Thomas Cherry in USDC S/D FL Miami Division. (mrp, ) (Entered: 07/23/2014)

07/22/2014 INDICTMENT UNSEALED as to Matthew Thomas Cherry. (mrp, ) (Entered: 07/23/2014)

07/25/2014 7 Rule 5(c)(3) Documents Received as to Matthew Thomas Cherry from the Southern District of Florida, Miami Division consisting of: Docket Sheet, Report Commencing Criminal Action, Initial Appearance Minutes, Minutes regarding counsel, Waiver of Rule 5 hrgs, and Commitment to Another District. (bjc, ) (Entered: 07/25/2014)

07/25/2014 8 E-GOV SEALED Arrest Warrant Returned Executed on 7/22/2014 as to Matthew Thomas Cherry. (bjc) (Entered: 07/28/2014)

08/21/2014 Attorney update in case as to Matthew Thomas Cherry. Attorney Joseph C Hawthorn for Matthew Thomas Cherry added. (saw, ) (Entered: 08/21/2014)

08/22/2014 9 Return of Service Executed on commitment to another district on 8/20/2014 as to Matthew Thomas Cherry. (bjc) cc: kd, tp (Entered: 08/22/2014)

08/22/2014 NOTICE OF HEARING as to Matthew Thomas Cherry. Sub. Initial Appearance and Arraignment set for 8/27/2014 at 10:30 AM in Ctrm 6 (Beaumont) before Magistrate Judge Keith F. Giblin. (saw, ) (Entered: 08/22/2014)

08/25/2014 NOTICE RESETTING HEARING as to Matthew Thomas Cherry. Sub. Initial Appearance and Arraignment set for 8/27/2014 at 10:30 a.m. is RESCHEDULED to 8/26/2014 at 11:30 AM in Ctrm 6 (Beaumont) before Magistrate Judge Keith F. Giblin. (saw) (Entered: 08/25/2014)

08/26/2014 10 MOTION for Detention by USA as to Matthew Thomas Cherry. (Tortorice, Christopher) (Entered: 08/26/2014)

08/26/2014 11 Minute Entry for proceedings held before Magistrate Judge Keith F. Giblin: Initial Appearance and Arraignment as to Matthew Thomas Cherry

held on 8/26/2014. Dft appeared w/ cnsl and informed of rights. Dft pled not guilty to Count 1 of the indictment. Dft consented to be detained. Dft remanded to custody of USM. (Court Reporter K Dean - Ecro.) (bjc) (Entered: 08/26/2014)

08/26/2014 Appearance Through Counsel entered by Joseph C Hawthorn on behalf of Matthew Thomas Cherry (bjc) (Entered: 08/26/2014)

08/26/2014 Arrest of Matthew Thomas Cherry (bjc) (Entered: 08/26/2014)

08/26/2014 12 ORDER OF DETENTION pending trial as to Matthew Thomas Cherry. Signed by Magistrate Judge Keith F. Giblin on 8/26/2014. (bjc) (Entered: 08/26/2014)

08/26/2014 13 ORDER - PRETRIAL DISCOVERY & INSPECTION as to Matthew Thomas Cherry. Signed by Magistrate Judge Keith F. Giblin on 8/26/2014. (bjc) (Entered: 08/26/2014)

08/26/2014 14 ORDER as to Matthew Thomas Cherry setting Final Pretrial Conference for 10/20/2014 09:00 AM in Ctrm 1 (Beaumont) before Judge Thad Heartfield.. Signed by Magistrate Judge Keith F. Giblin on 8/26/2014. (bjc) (Entered: 08/26/2014)

09/03/2014 15 FIRST SUPERSEDING INDICTMENT as to Matthew Thomas Cherry (1) count(s) 1s, 2s, 3s. (bjc) (Entered: 09/04/2014)

09/03/2014 16 E-GOV SEALED Form AO 257 filed as to Matthew Thomas Cherry (bjc) (Entered: 09/04/2014)

09/04/2014 Set/Reset Hearings as to Matthew Thomas Cherry: Arraignment on first superseding indictment set for 9/22/2014 10:30 AM in Ctrm 6 (Beaumont) before Magistrate Judge Keith F. Giblin. (bjc) (Entered: 09/04/2014)

09/05/2014 NOTICE RESETTING HEARING as to Matthew Thomas Cherry. Sub. Initial Appearance and Arraignment set for 9/22/2014 at 10:30 a.m. is RESCHEDULED to 9/16/2014 at 2:00 PM in Ctrm 6 (Beaumont) before Magistrate Judge Keith F. Giblin. (saw) (Entered: 09/05/2014)

09/12/2014 19 E-GOV SEALED Summons Returned Executed on 9/8/14 as to Matthew Thomas Cherry. (mrp, ) (Entered: 09/15/2014)

09/16/2014 20 Minute Entry for proceedings held before Magistrate Judge Keith F. Giblin: Subsequent Initial Appearance and Arraignment as to Matthew Thomas Cherry (1) held on 9/16/2014. Dft appeared w/ cnsl and informed of rights. Dft pled not guilty to Counts 1s, 2s, 3s of the First Superseding Indictment. Dft remanded to custody of USM. (Court Reporter K Dean - Ecro.) (bjc) (Entered: 09/16/2014)

10/07/2014 21 NOTICE OF HEARING as to Matthew Thomas Cherry Final Pretrial Conference set for 10/20/2014 09:00 AM in Ctrm 1 (Beaumont) before

Judge Thad Heartfield. Jury Selection set for 10/21/2014 09:00 AM in Ctrm 1 (Beaumont) before Judge Thad Heartfield.(jmv, ) (Entered: 10/07/2014)

10/14/2014 22 MOTION to Continue by Matthew Thomas Cherry. (Attachments: # 1 Order)(Hawthorn, Joseph) (Entered: 10/14/2014)

10/14/2014 23 ORDER TO CONTINUE - Ends of Justice as to Matthew Thomas Cherry. Time excluded from 10/14/2014 until 11/17/2014. Order granting 22 MOTION to Continue filed by Matthew Thomas Cherry. Trial reset for 11/17/2014 09:00 AM in Ctrm 1 (Beaumont) before Judge Thad Heartfield.. Signed by Judge Thad Heartfield on 10/14/2014. (bjc) (Entered: 10/15/2014)

11/13/2014 24 MOTION to Continue by Matthew Thomas Cherry. (Attachments: # 1 Text of Proposed Order)(Hawthorn, Joseph) (Entered: 11/13/2014)

11/14/2014 25 ORDER TO CONTINUE - Ends of Justice as to Matthew Thomas Cherry. Time is excluded from 11/13/14 until 12/15/14. This order grants 24 Motion to Continue. Jury Trial reset for 12/15/2014. Signed by Judge Thad Heartfield on 11/14/14. (tkd, ) (Entered: 11/14/2014)

11/24/2014 26 NOTICE OF HEARING as to Matthew Thomas Cherry Final Pretrial Conference set for 12/15/2014 09:00 AM in Ctrm 1 (Beaumont) before Judge Thad Heartfield. Jury Selection set for 12/16/2014 09:00 AM in Ctrm 1 (Beaumont) before Judge Thad Heartfield.(jmv, ) (Entered: 11/24/2014)

12/09/2014 NOTICE OF HEARING as to Matthew Thomas Cherry. Change of Plea Hearing set for 12/17/2014 at 3:00 PM in Ctrm 6 (Beaumont) before Magistrate Judge Keith F. Giblin. (saw, ) (Entered: 12/09/2014)

12/09/2014 27 ORDER as to Matthew Thomas Cherry referring plea to Magistrate Judge Keith Giblin. Signed by Judge Thad Heartfield on 12/9/2014. (bjc, ) (Entered: 12/09/2014)

12/15/2014 28 ELEMENTS of the Offense by USA as to Matthew Thomas Cherry (Tortorice, Christopher) (Entered: 12/15/2014)

12/17/2014 29 ELEMENTS of the Offense by USA as to Matthew Thomas Cherry (Tortorice, Christopher) (Entered: 12/17/2014)

12/17/2014 30 First MOTION for Forfeiture of Property by USA as to Matthew Thomas Cherry. (Attachments: # 1 Text of Proposed Order)(Tortorice, Christopher) (Entered: 12/17/2014)

12/17/2014 31 Minute Entry for proceedings held before Magistrate Judge Keith F. Giblin: Change of Plea Hearing as to Matthew Thomas Cherry held on 12/17/2014. Deft appeared w/cnsl and informed of rights. Plea entered by

Matthew Thomas Cherry (1) Guilty Count 3s of the Superseding Indictment. Deft remanded to custody of USM. (Court Reporter T Piper - Ecro.) (bjc, ) (Entered: 12/18/2014)

12/17/2014 32 CONSENT to Administration of Guilty Plea and Fed.R.Crim.P.11 Allocution by U.S. Magistrate Judge by Matthew Thomas Cherry (bjc, ) (Entered: 12/18/2014)

12/17/2014 33 SEALED PLEA AGREEMENT as to Matthew Thomas Cherry (bjc, ) (Entered: 12/18/2014)

12/17/2014 34 SEALED Factual Basis and Stipulation by USA as to Matthew Thomas Cherry. (bjc, ) (Entered: 12/18/2014)

12/17/2014 36 REPORT AND RECOMMENDATIONS on Plea of Guilty as to Matthew Thomas Cherry. Signed by Magistrate Judge Keith F. Giblin on 12/17/2014. (bjc, ) (Entered: 12/18/2014)

12/18/2014 35 PRELIMINARY ORDER of Forfeiture as to Matthew Thomas Cherry (1). Signed by Judge Thad Heartfield on 12/18/2014. (bjc, ) (Entered: 12/18/2014)

01/05/2015 37 ORDER as to Matthew Thomas Cherry adopting the 36 Findings of Fact and Recommendation on Guilty Plea. Ordered that, in accordance with the defendant's guilty plea and the magistrate judge's findings and recommendation, the defendant, Matthew Thomas Cherry, is adjudged as guilty on Count Three of the First Superseding Indictment charging violations of 18 USC 2252(a)(4)(b) and (b)(2). Signed by Judge Thad Heartfield on 1/5/2015. (bjc, ) (Entered: 01/05/2015)

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Matthew Cherry Federal Docket

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