Transport Room 2

Appellate Case: 10-3251 Document: 01018508096 Date Filed: 10/01/2010 Page: 1
-:CI)'"'--;t,yt.l n"E~)!~·:,
Motion/or Leave to File a Second'iWcLEF:;/{ '''-'"

Successive Motion to Vacate, Set·Aside :::-?UT
or Correct Sentence unde;·:"r \'(M{Sf:\SC~': ':-, ~ ,
28 U.S.e. § 2255
by a Prisoner in Federal Custody
Case Number: CR-20124 CM
Name: Carrie Neighbors

Prisoner No:
Jurisdiction of Appeal: FRAP Rule 4(b)(1)
MOTION
1. (a) Location of the United States District Court which entered the
judgment of conviction under attack: KANSAS DISTRICT COURT, 500 STATE
AYE. KANSAS CITY, KANSAS
(b) Case number: _----"C=r-=-2::..;;0...:;.1=.24_=___
2. Date ofjudgment of conviction 09/22/2010, Guilty plea_ _ _Jury verdict: X
3. Length of sentence _ _ _ _ _ _ Sentencing Judge: Carlos Murguia
4. Nature of offense for which you were convicted: Criminal
5. Did you appeal the conviction and sentence? YES ( ) NO (X )
6. If you appealed, name of court, result, date ofresult:_ _ _ _ _ _ _ _ _ __
7. Have you ever filed a motion to vacate in any federal court which is related to this
conviction and sentence?
YES (X) NO ( ) If"yes", how many times? 1- Dismissal for violation
of Speedy Trial Act.
(If more than one, complete 8 and 9 below as necessary.)

As to the first federal motion, give the following infonnation.
(a) Name of court: Kansas District Court.
(b) Case number: 07-20073-CM
07-20124-CM
OS-20tOS-CM
(c ) Nature of proceeding: criminal
(d) Grounds raised (list all grounds, using extra pages if necessary) :Supression of
witnesses, Suppression of Evidence, due process violations, constitutional rights
violations, FRE violations. equal access to justice and the courts violations, Speedy trial
Act violations.
(e) Did you receive an evidentiary hearing on your motion? YES () NO ( X)
(f) Result: Denied
(g) Date of result: _ _---:1_--..:120 I 0
8. As to any second federal motion, give the same infonnation:

(a) Name of court: Kansas District Court
(b) Case number: 07-20t24-CM
(c) Nature of proceeding : Criminal

(d) Grounds raised (list all grounds, using extra pages if necessary) _
Suppression of evidence: violations ofFederal Rules of Evidence, violations of chain of
custody rules, Voluminous evidence that was confusing and had no probative value, in
which prejudice the jury. Tampered or altered evidence without the individual who altered
the evidence (Specifically to wit: Video and 1or Audio), or acknowledge to the court as to
the legality and admissibility of the enhancement and filtering software used. Witnesses
who gave conflicting and perjured testimony in exchange for deals. Some issues were
addressed in the Petitioner's motions.
(e) Did you receive an evidentiary hearing on your motion? YES () NO (X)
(f) Result: Allowed after testimony was given by Officer Micky Rantz that the
video, Audio was edited, altered or enhanced.
312f+ ~ . (;t 01 D
(g) Date of result ,-
09. Did you appeal the result of any action taken on your federal motion? (Use extra
pages to reflect additional petitions if necessary.)
(1) First Motion NO (X) YES( ) Appeal No. _ _ _ _ _ __

(2) Second Motion NO (X) YES( ) Appeal No. _ _ _ _ _ __
(3) Third Motion NO (X) YES ( ) Appeal No. _ _ _ _ _ __
10. If you did not appeal from the adverse action on any motion, explain briefly why
you did not:
Requested my Counsel to Appeal he refused. He stated no appeal is allowed until
final conviction.
11. State concisely every ground on which you now claim that you are being held
unlawfully. Summarize briefly the facts supporting each ground.
A. Ground One: Violation of Speedy Trial Act, Violation of Due process under
the 14th Amendment, Violations ofFRE, Violations of Equal Access to Justice.
Supporting FACTS (tell your story briefly without citing cases or law): The USDC
made deals to secure witnesses testimony without linking any specific stolen item they had
sold to Carrie Neighbors, in which prejudice the jury. Allowed the edited inaudible audio
and video spliced together to be admitted without the officer's testimony who had altered
or enhanced the audio and video, as well as, or acknowledge to the court as to the legality
and or admissibility of the enhancement and filtering software for use in a court of law.
Was this claim raised in a prior motion? YES (X) NO( )
Does this claim rely on a "new rule oflaw?" YES () NO ( X)

If"yes," state the new rule oflaw (give case name and citation): _ _ _ _ __
Does this claim rely on "newly discovered evidence?" YES ( X) NO( )

If "yes," briefly state the newly discovered evidence and why it was not previously
available to you:
Officer Rantz testified on 09/13/2010 in a pretrial hearing that the videos and
audios were two and sometimes three separate recordings edited and spliced
together, and there was missing audio, video was actually filmed from two separate
camera's enhanced and edited.
B.Ground Two: Speedy Trial Act.
Supporting FACTS (tell your story briefly without citing cases or law: There were
only 4 days left on Speedy Trail Clock when the second case was filed. There were 77 days
had expired on the first hearing date. Due to the fact that the Prosecutor was filing multiple
competency motions during the time the co-defendants case was stayed, automatically
severed the Defendant, furthermore Co-Defendants counsel was filing motions under seal
and not serving petitioner as a party to the case. whereby the trial clock was still tolling for
the Petitioner. This was addressed in the Petitioners Pleadings and motions.
Was this claim raised in a prior motion? YES (X) NO( )
Does this claim rely on a "new rule of law?" YES ( ) NO (X)
If "yes," state the new rule of law (give case name and citation): _ _ _ _ __
Does this claim rely on "newly discovered evidence?" YES ( ) NO ( X)

If "yes," briefly state the newly discovered evidence and why it was not
previously available to you
Additional grounds may be asserted on additional pages if necessary.
12. Do you have any motion or appeal now pending in any court as to the judgment
now under attack? YES ( ) NO ( X)
If ''yes,'' name of court Case number _ _ __
C. Ground Three Suppression of Witnesses: Allowed individuals to testifY for deals

made for reductions of sentences, who were committed or defmed as incompetent. Also led
witnesses into their testimony. Also allowed witnesses to testifY without any relevance to
the stolen property, due to the property in question was not admitted connecting specific
witnesses or victims, to the specific stolen property, in which prejudiced this case. This was
addressed in the Petitioners pleadings, and testimony given.
Nature of proceeding: Criminal
D. Facts of the Case did not Support the Findings or Judgment.
E. Jury Instructions were at the least misleading and confusing.
Grounds raised: All of the above mentioned.
Wherefore, movant prays that the United States Court of Appeals for the
Tenth Circuit enter an order authorizing the district court to consider movant's
second or successive motion to vacate unde U.S.C. § 22
I declare under Penalty ofPerjury that my answers to all the questions in this motion
are true and correc
Executed on +-dt 3
--~~~~~~~----
l :2 d t 0
CERTIFICATE OF SERVICE
[Pursuant to KSA 60-205]
The undersigned also hereby certifies that a true and correct copy of the foregoing
document in the above captioned matter was deposited in the United States mail, first class postage
prepaid, addressed to:
John Duma
303 Poplar st.
Olathe, KS. 66061
Cheryl A Pilate
Melanie Morgan LLC
Defendant [2J counsel ofrecord
142 Cherry
Olathe, Kansas 66061
Marietta Parker
Terra Morehead
U.S. Attorneys
500 State Ave.
Suite 360
Kansas City, KS 66101
On this 23,rd day of sept 2010.

District of Kansas Page 1 of 40
APPEAL, COMPLEX
U.S. District Court

DISTRICT OF KANSAS (Kansas City)
CRIMINAL DOCKET FOR CASE #: 2:07-cr-20124-CM-JPO All Defendants
Internal Use Only
Case title: USA v. Neighbors et al Date Filed: 09/13/2007
Surety
Carrie Marie Neighbors
Surety
Guy Madison Neighbors
Assigned to: District Judge Carlos Murguia

Referred to: Magistrate Judge James P. O'Hara
Appeals court case numbers: 10-3185 10CCA,
10-3188 10CCA, 10-3243 10CCA
Defendant (1)
Carrie Marie Neighbors represented by Jacquelyn E. Rokusek
Yellow House Store Rokusek Law Office
1904 Massachusetts 105 E. Park St.
Lawrence, Ks 66046 Olathe, KS 66061
1104 Andover, Lawrence, Kansas 66049 913-948-9311
Fax: 913-948-6681
Email: rokuseklawoffice@yahoo.com
TERMINATED: 05/22/2008
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
John M. Duma
303 E. Poplar
Olathe, KS 66061
913-782-7072
Fax: 913-782-1383
Email: john@dumalaw.com
LEAD ATTORNEY
Designation: CJA Appointment
Phillip R. Gibson
Thomason & Gibson LLC
2400 S. Lee's Summit Rd., Suite #200
Independence, MO 64055
816-252-5050
Fax: 816-252-8080
Email: phil0704@aol.com
LEAD ATTORNEY
https://ecf.ksd.uscourts.gov/cgi-bin/DktRpt.pl?448777647459203-L_674_1-1 9/28/2010
Pending Counts Disposition

18:371 Conspiracy to Commit Offense or to
Defraud United States. (INDICTMENT FILED
9/13/2007).
(1)
18:371 Conspiracy to commit offense or to
defraud the United States (SUPERSEDING
INDICTMENT FILED 2/27/08)
(1s)
defraud the United States (SECOND
SUPERSEDING INDICTMENT FILED
6/18/08)
(1ss)
18:1343 Fraud by wire, radio, or television and
18:2 Aiding and Abetting (SECOND
6/18/08)
(2ss-15ss)
18:1343 and 2 Fraud by Wire, Radio or
Television and Aiding and Abetting.
INFORMATION FILED 9/13/2007.
(3-9)
18:1343 Fraud by wire, radio or television and
18:2 Aiding and Abetting (SUPERSEDING
(3s-9s)
(11-15)
(11s-15s)
18:1956(a)(1)(A)(i) and 2 Laundering of
Monetary Insturment and Aiding and Abetting.
INDICTMENT FILED 9/13/2007.
(16-19)
18:1956 Laundering of monetary instruments
and 18:2 Aiding and Abetting (SUPERSEDING
(16s-19s)
and 18:2 Aiding and Abetting (SECOND
6/18/08)
(16ss-19ss)
18:1956 Attempted laundering of monetary

instruments and 18:2 Aiding and Abetting
(SUPERSEDING INDICTMENT FILED
2/27/08)
(20s)
Highest Offense Level (Opening)

Felony
Terminated Counts Disposition

None
Highest Offense Level (Terminated)

None
Complaints Disposition
None
Assigned to: District Judge Carlos Murguia

Referred to: Magistrate Judge James P. O'Hara
Appeals court case number: 10-3202 10CCA
Defendant (2)
Guy M. Neighbors represented by Cheryl A. Pilate
Morgan Pilate LLC
142 N. Cherry
Olathe, KS 66061
913-829-6336
Fax: 913-829-6446
Email: cpilate@morganpilate.com
LEAD ATTORNEY
Mark L. Bennett , Jr.

Bennett & Hendrix, LLP
5605 S.W. Barrington Ct. South
Suite 201
Topeka, KS 66614
785-271-0800
Fax: 785-271-0803
Email: mark@mlbjrlaw.com
LEAD ATTORNEY
Dionne M. Scherff
Erickson Scherff, LLC
10990 Quivera, Suite #200
Overland Park, KS 66210
913-948-9490
Fax: 913-469-3698
Email: d_scherff@sbcglobal.net
Pending Counts Disposition
18:371 Conspiracy to Commit Offense or to

Defraud United States. (INDICTMENT FILED
9/13/2007).
(1)
defraud the United States (SUPERSEDING
(1s)
defraud the United States (SECOND
6/18/08)
(1ss)
(2-15)
(2s-15s)
18:1343 Fraud by wire, radio, or television and
18:2 Aiding and Abetting (SECOND
6/18/08)
(2ss-15ss)
18:1956(a)(1)(A)(i) and 2 Laundering of
Monetary Insturment and Aiding and Abetting.
INDICTMENT FILED 9/13/2007.
(16-19)
and 18:2 Aiding and Abetting (SUPERSEDING
(16s-19s)
and 18:2 Aiding and Abetting (SECOND
6/18/08)
(16ss-19ss)
18:1956 Attempted laundering of monetary
instruments and 18:2 Aiding and Abetting
(SUPERSEDING INDICTMENT FILED
2/27/08)
(20s)
Highest Offense Level (Opening)

Felony
Terminated Counts Disposition

None
Highest Offense Level (Terminated)

None
Complaints Disposition
None
Plaintiff
USA represented by Donald Christopher Oakley
Office of United States Attorney - Kansas City
500 State Avenue, Suite 360
913-551-6730 ext 6604
Email: chris.oakley@usdoj.gov
LEAD ATTORNEY
Marietta Parker
Office of United States Attorney - Kansas City
913-551-6730
Fax: 913-551-6541
Email: marietta.parker@usdoj.gov
LEAD ATTORNEY
Terra D. Morehead
Office of United States Attorney -- Kansas City
913-551-6730
Fax: 913-551-6541
Email: Terra.Morehead@usdoj.gov
LEAD ATTORNEY
Date Filed # Docket Text
09/13/2007 1 INDICTMENT as to Carrie Marie Neighbors (1) count 1, 3-9, 11-15, 16-19 and Guy
Madison Neighbors (2) count(s) 1, 2-15, 16-19. (ck ) (Entered: 09/14/2007)
09/13/2007 2 NOTICE OF RELATED CASE: Case Number 07-20073-01-02-JWL by USA as to
Carrie Marie Neighbors, Guy Madison Neighbors (ck ) (Entered: 09/14/2007)
09/13/2007 Summons Issued as to Carrie Marie Neighbors and Guy Madison Neighbors. Initial
Appearance set for 9/20/2007 at 02:15 PM before Magistrate Judge Gerald L. Rushfelt.
(ck ) (Entered: 09/14/2007)
09/20/2007 3 MINUTE ENTRY for proceedings held before Magistrate Judge Gerald L. Rushfelt:
Arraignment/Discovery/Rule 5 Hearings as to Carrie Marie Neighbors (1) on Counts 1,
3-9, and 11-19 held on 9/20/2007. CJA counsel appointed. Motions due by 10/9/2007.
Response deadline 10/17/2007. Motion Hearing set for 10/22/2007 at 09:30 AM before
District Judge Kathryn H. Vratil. Release order executed; defendant released on
$25,000.00 unsecured bond. (mg) (Modified on 9/21/2007 to correct the hearing judge.
(mg)) (Entered: 09/21/2007)
09/20/2007 4 CJA 23 FINANCIAL AFFIDAVIT by Defendant Carrie Marie Neighbors. (NOTE:

This document is not available for public viewing.) (mg) (Entered: 09/21/2007)
09/20/2007 5 ORDER Setting Conditions of Release as to Carrie Marie Neighbors (1): defendant
released on $25,000.00 unsecured bond. Signed by Magistrate Judge Gerald L. Rushfelt

on 09/20/07. (mg) (Entered: 09/21/2007)
09/20/2007 6 APPEARANCE BOND Posted as to Carrie Marie Neighbors. (mg) (Entered:

09/21/2007)
Arraignment/Discovery/Rule 5 Hearings as to Guy Madison Neighbors (2) on Counts 1-
19 held on 9/20/2007. CJA counsel appointed. Motions due by 10/9/2007. Response
deadline 10/17/2007. Motion Hearing set for 10/22/2007 at 09:30 AM before District
Judge Kathryn H. Vratil. Release order executed; defendant released on $25,000.00
unsecured bond. (mg) (Entered: 09/21/2007)
09/20/2007 8 CJA 23 FINANCIAL AFFIDAVIT by Defendant Guy Madison Neighbors. (NOTE:
This document is not available for public viewing.) (mg) (Entered: 09/21/2007)
09/20/2007 9 ORDER Setting Conditions of Release as to Guy Madison Neighbors (2): defendant
released on $25,000.00 unsecured bond. Signed by Magistrate Judge Gerald L. Rushfelt
on 09/20/07. (mg) (Entered: 09/21/2007)
09/20/2007 10 APPEARANCE BOND Posted as to Guy Madison Neighbors. (mg) (Entered:

09/21/2007)
09/20/2007 11 GENERAL ORDER OF DISCOVERY & SCHEDULING as to Carrie Marie
Neighbors, Guy Madison Neighbors. Motions due by 10/9/2007. Response deadline
10/17/2007. Motion Hearing set for 10/22/2007 at 09:30 AM before District Judge
Kathryn H. Vratil. Estimated trial time: 15 days. Signed by Magistrate Judge Gerald L.
Rushfelt on 09/20/07. (mg) (Entered: 09/21/2007)
09/20/2007 15 CJA 20 as to Carrie Marie Neighbors: Appointment of Attorney Phillip R. Gibson.

Signed by Judge Gerald L. Rushfelt on 9/19/2007. (mg) (Entered: 09/27/2007)
09/20/2007 16 CJA 20 as to Guy Madison Neighbors: Appointment of Attorney Dionne Scherff.

Signed by Judge Gerald L. Rushfelt on 9/19/2007. (mg) (Entered: 09/27/2007)
09/24/2007 17 SUMMONS Returned Executed on 9/20/2007 as to Carrie Marie Neighbors. (ck)
(Entered: 09/28/2007)
09/24/2007 18 SUMMONS Returned Executed on 9/20/2007 as to Guy Madison Neighbors. (ck )
(Entered: 09/28/2007)
09/25/2007 12 (Court only) DISREGARD THIS FILING - Document filed in error. Counsel to refile
Amended Motion. Public viewing of document is blocked, motion terminated and
excludable deleted. Modified on 9/27/2007 (ck ). (Entered: 09/25/2007)
09/26/2007 13 AMENDED MOTION to Designate as Complex Case by Carrie Marie Neighbors.
(Gibson, Phillip) (Entered: 09/26/2007)
09/27/2007 (Court only) Motion terminated as to Carrie Marie Neighbors 12 MOTION to Designate
as Complex Case filed by Carrie Marie Neighbors. Counsel filed 13 Amended Motion.
(ck ) (Entered: 09/27/2007)
09/27/2007 14 MOTION to Designate as Complex Case by Guy Madison Neighbors. (Scherff,

Dionne) (Entered: 09/27/2007)
09/28/2007 19 (Ex Parte) SEALED MOTION as to Carrie Marie Neighbors. (mm) (Entered:
10/02/2007)
09/28/2007 20 (Ex Parte) SEALED MOTION as to Carrie Neighbors. (mm) (Entered: 10/02/2007)
10/09/2007 21 MOTION for Extension of Time to File Motions by Guy Madison Neighbors. (Scherff,
Dionne) (Entered: 10/09/2007)
10/10/2007 ORDER granting 13 and 14 Motions for Designation as Complex Case as to Carrie
22 Marie Neighbors (1) and Guy Madison Neighbors (2). Further, granting 21 Motion for
Extension of Time to File Motions by Guy Madison Neighbors (2). The time for filing
pretrial motions is extended to 02/15/08. Responses are due 02/29/08. A Motions
Hearing is set for 03/17/08 at 2:30 PM before Judge Kathryn H. Vratil. Trial is set for
04/22/08 at 9:30 AM. Signed by Judge Kathryn H. Vratil on 10/10/07. (mg) (Entered:
10/10/2007)
10/10/2007 (Court only) Set Deadlines/Hearings as to Carrie Marie Neighbors and Guy Madison
Neighbors: Motions due by 2/15/2008. Response deadline 2/29/2008. Motion Hearing
set for 3/17/2008 at 02:30 PM before District Judge Kathryn H. Vratil. Jury Trial set for
4/22/2008 at 09:30 AM before District Judge Kathryn H. Vratil. See 22 Order. (mg)
(Entered: 10/10/2007)
10/11/2007 (Court only) Excludable started as to Carrie Marie Neighbors and Guy Madison
Neighbors: Excludable delay calculated from 10/9/2007 to 4/22/2008 pursuant to
10/10/2007 22 ORDER granting 13 and 14 Motions for Designation as Complex Case
as to Carrie Marie Neighbors and Guy Madison Neighbors. (ck ) (Entered: 10/11/2007)
10/17/2007 23 (Court only) MOTION for Investigative Services by Guy Madison Neighbors. (Scherff,
Dionne) Modified on 10/25/2007. Motion filed in error (Personal Identifiers) and
counsel has decided not to refile said document. Public viewing of document is blocked.
(Entered: 10/17/2007)
10/25/2007 (Court only) Motions terminated as to Carrie Marie Neighbors and Guy Madison
Neighbors: re 23 MOTION for Investigative Services filed by Guy Madison Neighbors.
(ck) (Entered: 10/25/2007)
10/25/2007 DOCKET ANNOTATION: re 23 MOTION for Investigative Services. PLEASE NOTE
- Motion filed in error (Personal Identifiers) and counsel has decided not to refile said
document. Public viewing of document is blocked. The motion is terminated and the
excludable deleted. (ck) (Entered: 10/25/2007)
10/29/2007 26 MOTION to Withdraw Dionne M. Scherff as Attorney by Guy Madison Neighbors.
(Scherff, Dionne) (Entered: 10/29/2007)
11/06/2007 27 CERTIFICATE OF SERVICE by Guy Madison Neighbors. (Scherff, Dionne) (Entered:

11/06/2007)
11/29/2007 (Court only) Attorney update in case as to Guy Madison Neighbors. Attorney Cheryl A.
Pilate added. Attorney Dionne M. Scherff terminated. (ck) (Entered: 11/29/2007)
11/29/2007 28 ORDER granting 26 Motion to Withdraw as Attorney as to Guy Madison Neighbors (2)
Signed by District Judge Kathryn H. Vratil on 11/29/2007. Dionne M. Scherff is
withdrawn as counsel and Cheryl Pilate is appointed. (ck) (Entered: 11/29/2007)
12/03/2007 29 CJA 20 as to Guy Madison Neighbors: Appointment of Attorney Cheryl A. Pilate.

Signed by Judge District Judge Kathryn H. Vratil on 12/3/2007. (ck) (Entered:
12/03/2007)
01/03/2008 30 ORDER REASSIGNING CASE. Case reassigned to Judge District Judge Carlos
Murguia for all further proceedings. Judge Chief Judge Kathryn H. Vratil no longer
assigned to case. Signed by Chief Judge Kathryn H. Vratil on 1/3/08.(This is a TEXT
ENTRY ONLY. There is no.pdf document associated with this entry.) (ls) (Entered:
01/03/2008)
01/25/2008 31 NOTICE OF HEARING as to Defendants Carrie Marie Neighbors, Guy Madison
Neighbors (This is a TEXT ENTRY ONLY. There is no.pdf document associated with
this entry.) This case was reassigned to Judge Murguia. Accordingly, the motion
hearing previously set for 3/17/08 is hereby RESET for 3/10/2008 at 10:30 AM in
Courtroom 463 (CM) before District Judge Carlos Murguia. (js) (Entered: 01/25/2008)
02/04/2008 32 NOTICE of change of address by Cheryl A. Pilate as to Guy Madison Neighbors (email
to Attorney Admission) (Pilate, Cheryl) (Entered: 02/04/2008)
02/11/2008 33 MOTION for Extension of Time to File Pre-Trial Motions by Carrie Marie Neighbors.
02/11/2008 34 MOTION to Continue Jury Trial by Carrie Marie Neighbors. (Gibson, Phillip) (Entered:
02/11/2008)
02/15/2008 35 MOTION for Extension of Time to File Pretrial Motions by Guy Madison Neighbors as
to Carrie Marie Neighbors, Guy Madison Neighbors. (Pilate, Cheryl) (Entered:
02/15/2008)
02/20/2008 36 NOTICE OF HEARING ON MOTION as to Carrie Marie Neighbors, Guy Madison
Neighbors 35 MOTION for Extension of Time to File Pretrial Motions, 34 MOTION to
Continue Jury Trial, 33 MOTION for Extension of Time to File Pre-Trial Motions :
(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)
Motion Hearing set for 2/25/2008 at 01:30 PM in Courtroom 463 (CM) before District
Judge Carlos Murguia. (js) (Entered: 02/20/2008)
02/25/2008 37 MOTION to Require United States to Release Notice of Lis Pendens by Carrie Marie
Neighbors. (Gibson, Phillip) (Entered: 02/25/2008)
02/25/2008 39 MINUTE ENTRY for proceedings held before District Judge Carlos Murguia: Motion
Hearing as to Carrie Marie Neighbors, Guy Madison Neighbors held on 2/25/2008.
(Court Reporter Nancy Wiss.) (js) (Entered: 02/28/2008)
02/25/2008 40 MINUTE ENTRY for proceedings held before District Judge Carlos Murguia: granting
33 Motion for Extension of time to file pretrial motions as to Carrie Marie Neighbors
(1); granting 34 Motion to Continue as to Carrie Marie Neighbors (1); granting 35
Motion for Extension of time to file pretrial motions as to Carrie Marie Neighbors (1),
Guy Madison Neighbors (2); Motion Hearing as to Carrie Marie Neighbors and Guy
Madison Neighbors held on 2/25/2008. This case will be set for trial in September.
Counsel to submit proposed order to the court. (Court Reporter Nancy Wiss.) (yh)
(Entered: 02/28/2008)
02/25/2008 (Court only) ***Motions terminated as to Guy Madison Neighbors: 41 SEALED

MOTION (This entry is to remain restricted from the public docket sheet) filed by Guy
Madison Neighbors. (js) (Entered: 04/07/2008)
02/27/2008 38 SUPERSEDING INDICTMENT as to Carrie Marie Neighbors (1) count(s) 1s, 3s-9s,
11s-15s,16s-19s, 20s, and Guy Madison Neighbors (2) count(s) 1s, 2s-15s, 16s-19s, 20s.
(yh) Modified on 3/20/2008 to edit counts(yh). (Entered: 02/28/2008)
03/04/2008 43 RESPONSE to Motion by USA as to Carrie Marie Neighbors re 37 MOTION to
Require United States to Release Notice of Lis Pendens (Parker, Marietta) (Entered:
03/04/2008)
03/06/2008 44 RESPONSE to Motion by USA as to Carrie Marie Neighbors re 37 MOTION to

Require United States to Release Notice of Lis Pendens "Amended Response" (Parker,
Marietta) (Entered: 03/06/2008)
03/07/2008 45 MOTION to Consolidate Cases by Carrie Marie Neighbors. (Gibson, Phillip) (Entered:
03/07/2008)
03/07/2008 Summons Issued as to Carrie Marie Neighbors, Guy Madison Neighbors( Arraignment
set for 3/19/2008 at 02:00 PM in Courtroom 223 (DJW) before Magistrate Judge David
J. Waxse) (mm) (Entered: 03/07/2008)
03/17/2008 46 RESPONSE to Motion by USA as to Carrie Marie Neighbors, Guy Madison Neighbors
re 45 MOTION to Consolidate Cases (Parker, Marietta) (Entered: 03/17/2008)
Arraignment as to Carrie Marie Neighbors (1) on Counts 1s, 3s-9s, and 11s-20s of the
Superseding Indictment held on 3/19/2008. Release order continued in effect. (mg)
(Entered: 03/20/2008)
Rule 5 Hearing as to Guy Madison Neighbors held on 3/19/2008. Counsel for defendant
did not appear. Arraignment on the Superseding Indictment set for 3/25/2008 at 02:00
PM in Courtroom 223 (GLR) before Magistrate Judge Gerald L. Rushfelt. Release order
continued in effect. (mg) (Entered: 03/20/2008)
03/20/2008 49 SUMMONS RETURNED Executed on 03/19/08 as to Carrie Marie Neighbors. (mg)
(Entered: 03/20/2008)
03/20/2008 50 SUMMONS RETURNED Executed on 03/19/08 as to Guy Madison Neighbors. (mg)
(Entered: 03/20/2008)
Neighbors 45 MOTION to Consolidate Cases : (This is a TEXT ENTRY ONLY. There
is no.pdf document associated with this entry.) Motion Hearing set for 3/24/2008 at
10:30 AM in Courtroom 463 (CM) before District Judge Carlos Murguia. (js) (Entered:
03/21/2008)
03/21/2008 52 ORDER finding as moot 37 Motion as to Carrie Marie Neighbors (1). Signed by
District Judge Carlos Murguia on 3/21/08. (This is a TEXT ENTRY ONLY. There is
no.pdf document associated with this entry.) (js) (Entered: 03/21/2008)
Hearing as to Carrie Marie Neighbors, Guy Madison Neighbors held on 3/24/2008.
Marietta Parker appeared on behalf of the government. Defendant Carrie Neighbors
appeared in person and through counsel, Phil Gibson. Defendant Guy Neighbors
appeared in person and by Melanie Morgan. Cheryl Pilate was not present and Ms.
Morgan appeared on her behalf. Motion Hearing set for 3/25/2008 at 03:00 PM in
Courtroom 463 (CM) before District Judge Carlos Murguia. (Court Reporter Nancy
Wiss.) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this
entry.) (js) (Entered: 03/24/2008)
03/24/2008 54 MOTION to Withdraw Document 45 MOTION to Consolidate Cases by Carrie Marie
Neighbors. (Gibson, Phillip) (Entered: 03/24/2008)
03/25/2008 55 ORDER withdrawing 45 Motion to Consolidate Cases as to Carrie Marie Neighbors (1)
Signed by District Judge Carlos Murguia on 3/25/08. (This is a TEXT ENTRY ONLY.
There is no.pdf document associated with this entry.) (js) (Entered: 03/25/2008)
03/25/2008 56 ORDER granting 54 Motion to Withdraw Document as to Carrie Marie Neighbors (1)
Arraignment as to Guy Madison Neighbors (2) on Counts 1s-20s of the Superseding
Indictment held on 3/25/2008. Release order continued in effect. (mg) (Entered:
03/26/2008)
Hearing as to Guy S. Neighbors, Carrie Neighbors held on 3/25/2008. Terra Morehead
appeared on behalf of the government. Defendant Carrie Neighbors appeared in person
and through counsel, Phil Gibson. Defendant Guy Neighbors appeared in person and
through counsel, Cheryl Pilate. Motions wtihdrawn. Jury Trial set for 9/15/2008 at
01:00 PM in Courtroom 463 (CM) before District Judge Carlos Murguia. Pretrial
Conference set for 8/20/2008 at 09:30 AM in Courtroom 463 (CM) before District
Judge Carlos Murguia. Defendants to remain on bond. (Court Reporter Nancy Wiss.)
(js) (Entered: 03/25/2008) (Court Reporter Nancy Wiss.) (This is a TEXT ENTRY
ONLY. There is no.pdf document associated with this entry.) (js) (Entered: 03/27/2008)

this entry.) Jury Trial set for 9/15/2008 at 01:00 PM before District Judge Carlos
Murguia. (js) (Entered: 03/27/2008)

this entry.) Pretrial conference set for 8/20/2008 at 09:30 AM in Courtroom 463 (CM)
before District Judge Carlos Murguia. (js) (Entered: 03/27/2008)
04/17/2008 61 MOTION Scheduling Order by USA as to Carrie Marie Neighbors, Guy Madison
Neighbors. (Parker, Marietta) Modified on 4/18/2008 (yh). (Entered: 04/17/2008)
04/22/2008 62 ORDER granting 61 Motion for Scheduling Order as to Carrie Marie Neighbors (1) and
Guy Madison Neighbors (2). Signed by District Judge Carlos Murguia on 4/22/08. (yh)
(Entered: 04/23/2008)
04/25/2008 63 MOTION to Withdraw Phillip R Gibson as Attorney by Carrie Marie Neighbors.

04/28/2008 64 NOTICE OF HEARING ON MOTION as to Carrie Marie Neighbors 63 MOTION to

Withdraw Phillip R Gibson as Attorney : (This is a TEXT ENTRY ONLY. There is
no.pdf document associated with this entry.) Motion Hearing set for 5/6/2008 at 11:00
AM in Courtroom 463 (CM) before District Judge Carlos Murguia. (js) (Entered:
04/28/2008)
05/01/2008 65 MOTION to Revoke Bond by USA as to Carrie Marie Neighbors, Guy Madison
Neighbors. (Attachments: # 1 Exhibit 1a, # 2 Exhibit 1b, # 3 Exhibit 2a, # 4 Exhibit 2b,
# 5 Exhibit 2c, # 6 Exhibit 2d, # 7 Exhibit 3, # 8 Exhibit 4, # 9 Exhibit 5a, # 10 Exhibit
5b, # 11 Exhibit 5c, # 12 Exhibit 6, # 13 Exhibit 7, # 14 Exhibit 8a, # 15 Exhibit 8b, #
16 Exhibit 8c, # 17 Exhibit 8d, # 18 Exhibit 8e, # 19 Exhibit 8f, # 20 Exhibit 8h, # 21
Exhibit 9)(Parker, Marietta) (Entered: 05/01/2008)
05/01/2008 66 EXHIBITS IN SUPPORT of 65 MOTION to Revoke Bond by USA as to Carrie Marie

Neighbors, Guy Madison Neighbors Exhibit 8g (Parker, Marietta) (Entered:
05/01/2008)
05/01/2008 67 EXHIBITS IN SUPPORT of 65 MOTION to Revoke Bond by USA as to Carrie Marie
Neighbors, Guy Madison Neighbors Exhibit 8g (Attachments: # 1 Exhibit 8g)(Parker,
Hearing as to Carrie Marie Neighbors, Guy Madison Neighbors held on 5/6/2008 re 63
MOTION to Withdraw Phillip R Gibson as Attorney filed by Carrie Marie Neighbors.
Scott Rask appeared on behalf of the government. Defendants appeared in person and
through counsel, Cheryl Pilate and Phil Gibson. Defendant Carrie Neighbors requested
permission to present evidence in closed court regarding her motion to withdraw.
Government did not oppose. The court heard evidence. Defendant's motion to withdraw
counsel - granted. New counsel will be appointed to represent Carrie Neighbors.
Defendants to remain on bond. (Court Reporter Nancy Wiss.) (This is a TEXT ENTRY
05/07/2008 69 SEALED DOCUMENT. by Carrie Marie Neighbors. This document is being filed
under seal as it was presented orally in closed court at the 5/6/08 hearing. (yh) (Entered:
05/07/2008)
05/09/2008 70 MOTION for Extension of Time to File Response/Reply to Motion to Revoke Bond by
Guy Madison Neighbors. (Pilate, Cheryl) (Entered: 05/09/2008)
05/14/2008 71 ORDER granting 70 Motion for Extension of Time to File Response/Reply as to Guy
Madison Neighbors (2). Response due 5/19/08. Signed by District Judge Carlos
Murguia on 5/14/08. (This is a TEXT ENTRY ONLY. There is no.pdf document
associated with this entry.) (js) (Entered: 05/14/2008)
05/16/2008 72 ORDER REFERRING MOTION to Magistrate Judge Waxse as to Carrie Marie
Neighbors, Guy Madison Neighbors re 65 MOTION to Revoke Bond filed by USA

Signed by District Judge Carlos Murguia on 5/16/08.(This is a TEXT ENTRY ONLY.
05/16/2008 73 ORDER granting 63 Motion to Withdraw as Attorney as to Carrie Marie Neighbors (1)
granted in open court on 5/6/08. Jackie Rokusek to be appointed. Signed by District
Judge Carlos Murguia on 5/16/08. (This is a TEXT ENTRY ONLY. There is no.pdf
document associated with this entry.) (js) (Entered: 05/16/2008)
05/16/2008 74 ORDER terminating 69 Sealed Motion as to Carrie Marie Neighbors (1). Signed by
no.pdf document associated with this entry.) (js) (Entered: 05/16/2008)
05/19/2008 75 MOTION for Extension of Time to File Response/Reply to the Government's Motion to
Revoke Bond by Guy Madison Neighbors. (Pilate, Cheryl) (Entered: 05/19/2008)
05/19/2008 81 CJA 20 as to Carrie Marie Neighbors: Appointment of Attorney Jacquelyn Rokusek.
Signed by District Judge Carlos Murguia on 5/19/2008. (yh) (Entered: 05/21/2008)
05/20/2008 76 ORDER granting 75 Motion for Extension of Time to File Response/Reply as to Guy
Madison Neighbors (2) Signed by District Judge Carlos Murguia on 5/20/08. (This is a
TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (js)
(Entered: 05/20/2008)
Neighbors: 65 United States' Motion to Revoke Bond set for hearing on 5/21/2008 at
03:00 PM in Courtroom 223 (DJW) before Magistrate Judge David J. Waxse. (This is a
TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ll)
(Entered: 05/20/2008)
05/20/2008 78 MOTION to Withdraw Jacquelyn E. Rokusek as Attorney by Carrie Marie Neighbors.
(Rokusek, Jacquelyn) (Entered: 05/20/2008)
05/20/2008 79 ORDER as to Carrie Marie Neighbors, Guy Madison Neighbors: The Motion Hearing
set for 5/21/2008 at 3:00 PM re 65 United States' MOTION to Revoke Bond is hereby
canceled pending further order of the court. Entered by Magistrate Judge David J.
Waxse on 5/20/08. (This is a TEXT ENTRY ONLY. There is no.pdf document
associated with this entry.) (ll) (Entered: 05/20/2008)
05/20/2008 80 MOTION for Extension of Time to File response to motion to revoke bond by Guy
Madison Neighbors. (Pilate, Cheryl) (Entered: 05/20/2008)
05/22/2008 82 ORDER granting 80 Motion for Extension of Time to File as to Guy Madison
Neighbors (2). Response deadline 5/22/2008. Signed by District Judge Carlos Murguia
on 5/22/08. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with
this entry.) (js) (Entered: 05/22/2008)
05/22/2008 83 ORDER granting 78 Motion to Withdraw as Attorney as to Carrie Marie Neighbors (1).
05/22/2008 84 RESPONSE to Motion by Guy Madison Neighbors re 65 MOTION to Revoke Bond
(Pilate, Cheryl) (Entered: 05/22/2008)
05/22/2008 86 CJA 20 as to Carrie Marie Neighbors: Appointment of Attorney John Duma. Signed by
District Judge Carlos Murguia on 5/22/2008. (yh) (Entered: 05/23/2008)
05/23/2008 85 ORDER REFERRING MOTION to Magistrate Judge Waxse as to Carrie Marie
Neighbors, Guy Madison Neighbors re 65 MOTION to Revoke Bond filed by USA.
Signed by District Judge Carlos Murguia on 5/21/2008.(This is a TEXT ENTRY
05/28/2008 87 NOTICE OF HEARING ON MOTION as to Carrie Marie Neighbors and Guy Madison
Neighbors: 65 United States' MOTION to Revoke Bond is set for hearing on 6/2/2008
at 10:00 AM in Courtroom 223 (DJW) before Magistrate Judge David J. Waxse. (This
is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ll)
(Entered: 05/28/2008)
05/31/2008 88 ENTRY OF APPEARANCE: by attorney John M. Duma appearing for Carrie Marie
Neighbors (Duma, John) (Entered: 05/31/2008)
06/02/2008 89 MOTION to Continue Motion to revoke pretrial release by Carrie Marie Neighbors.
(Duma, John) (Entered: 06/02/2008)
06/02/2008 90 MINUTE ENTRY for proceedings held before Magistrate Judge David J. Waxse:
Motion Hearing as to Carrie Marie Neighbors held on 6/2/2008. 89 Motion to Continue
Revocation of Pretrial Release Hearing as to Carrie Marie Neighbors (1) is granted.
Defendant's response to USA's 65 Motion to Revoke Bond is due 06/23/08. Bond
Revocation Hearing set for 7/15/2008 at 01:30 PM in Courtroom 223 (DJW) before
Magistrate Judge David J. Waxse. Release order continued in effect. (mg) (Entered:
06/03/2008)
06/02/2008 91 MINUTE ENTRY for proceedings held before Magistrate Judge David J. Waxse:
Docket Call as to Guy Madison Neighbors held on 6/2/2008. Bond Revocation Hearing
continued to 7/15/2008 at 01:30 PM in Courtroom 223 (DJW) before Magistrate Judge
David J. Waxse. Release order continued in effect. (mg) (Entered: 06/03/2008)
06/09/2008 92 (Court only) MOTIONS as to Carrie Marie Neighbors, Guy Madison Neighbors
REFERRED to Magistrate Judge: 65 MOTION to Revoke Bond. (js) (Entered:
06/09/2008)
06/18/2008 93 SECOND SUPERSEDING INDICTMENT as to Carrie Marie Neighbors (1) count(s)
1ss, 2ss-15ss, 16ss-19ss, Guy Madison Neighbors (2) count(s) 1ss, 2ss-15ss, 16ss-19ss.
(yh) (Entered: 06/19/2008)
Neighbors. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with
this entry.) Jury Trial set for 9/22/2008 at 01:00 PM in Courtroom 463 (CM) before
District Judge Carlos Murguia. (js) (Entered: 06/23/2008)
06/23/2008 95 RESPONSE to Motion by Carrie Marie Neighbors re 65 MOTION to Revoke Bond
(Duma, John) (Entered: 06/23/2008)
06/27/2008 96 REPLY TO RESPONSE to Motion by USA as to Carrie Marie Neighbors, Guy
Madison Neighbors re 65 MOTION to Revoke Bond and Motion for Protective Orders
(Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Parker, Marietta) (Entered: 06/27/2008)
07/07/2008 97 (Ex Parte) SEALED MOTION for Leave to File Under Seal, EX PARTE CJA FEE
MATTER MOTION by Carrie Marie Neighbors. (Attachments: # 1 Proposed Sealed
Document)(Duma, John) (Entered: 07/07/2008)
07/10/2008 98 ORDER granting 97 Sealed Motion for Leave to File Under Seal. Counsel is directed to
file forthwith the requested document(s) with an event from the SEALED
DOCUMENTS category as to Carrie Marie Neighbors (1). Signed by District Judge
Carlos Murguia on 7/10/2008. (This is a TEXT ENTRY ONLY. There is no.pdf
document associated with this entry.) (jw) (Entered: 07/10/2008)
07/14/2008 99 Joint MOTION for Extension of Time to File Pretrial Motions by Guy Madison
Neighbors. (Pilate, Cheryl) (Entered: 07/14/2008)
07/16/2008 100 RESPONSE to Motion by USA as to Carrie Marie Neighbors, Guy Madison Neighbors
re 99 Joint MOTION for Extension of Time to File Pretrial Motions (Parker, Marietta)
(Entered: 07/16/2008)
07/18/2008 102 ORDER granting 99 Motion for Extension of Time to File. Excludable delay calculated
from 7/14/2008 until 9/2/2008 as to both defendants. Motions due by 7/28/2008.
Response deadline 8/18/2008. Motion Hearing set for 9/2/2008 at 10:30 AM in

Courtroom 463 (CM) before District Judge Carlos Murguia. Signed by District Judge
Carlos Murguia on 7/18/2008. (ck) (Entered: 07/21/2008)
07/18/2008 103 MINUTE ENTRY for proceedings held before Magistrate Judge James P. O'Hara:
Arraignment/Bond Revocation Hearing as to Carrie Marie Neighbors (1) on Counts 1ss-
19ss of the Second Superseding Indictment held on 7/18/2008. Bond Revocation
Hearing regarding 65 Motion to Revoke as to Carrie Marie Neighbors (1) continued to
7/21/2008 at 03:00 PM in Courtroom 236 (JPO) before Magistrate Judge James P.
O'Hara. (mg) (Entered: 07/21/2008)
Arraignment/Bond Revocation Hearings as to Guy Madison Neighbors (2) on Counts
1ss-19ss of the Second Superseding Indictment held on 7/18/2008. Bond Revocation
Hearing regarding 65 Motion to Revoke as to Guy Madison Neighbors (2) continued to
7/21/2008 at 03:00 PM in Courtroom 236 (JPO) before Magistrate Judge James P.
O'Hara. (mg) (Entered: 07/21/2008)
07/21/2008 101 MINUTE ENTRY for proceedings held before Magistrate Judge James P. O'Hara: In
Chambers Conference as to Carrie Marie Neighbors and Guy Madison Neighbors on
7/18/2008. (TEXT ENTRY FOR STATISTICAL PURPOSES ONLY. There is no.pdf
document associated with this entry.) (kg) (Entered: 07/21/2008)
Motion Hearing as to Carrie Marie Neighbors, Guy Madison Neighbors held on
7/21/2008 re 65 MOTION to Revoke Bond filed by USA. (This is a TEXT ENTRY
ONLY. There is no.pdf document associated with this entry.) (kg) (Entered:
07/22/2008)
07/23/2008 106 ORDER memorializing court's orders during hearing as to 65 motion to revoke bond
filed by USA. SEE ORDER FOR SCHEDULED DEADLINES. Signed by Magistrate
Judge James P. O'Hara on 7/23/2008. (kg) (Entered: 07/23/2008)
07/23/2008 107 NOTICE OF HEARING as to Defendants Carrie Marie Neighbors and Guy Madison
Neighbors. Telephone Conference set for 7/24/2008 at 9:30 AM before Magistrate
Judge James P. O'Hara. The court will initiate the call. (This is a TEXT ENTRY
ONLY. There is no.pdf document associated with this entry.)(kg) (Entered: 07/23/2008)
Telephone Conference as to Carrie Marie Neighbors, Guy Madison Neighbors held on
07/24/2008 109 ORDER referring to Magistrate Judge James P. O'Hara. (This is a TEXT ENTRY
ONLY. There is no.pdf document associated with this entry.) (mm) (Entered:
07/24/2008)
07/24/2008 110 ORDER: Pursuant to the court's July 24, 2008 telephone conference with counsel, the
previously set briefing schedule 106 for the government's motion to revoke the
defendants' bond 65 is vacated and will be reset later if necessary. A hearing on this
motion is set for July 30, 2008 at 9:00 a.m. in Courtroom 236 before Magistrate Judge
James P. O'Hara. Signed by Magistrate Judge James P. O'Hara on 7/24/08. (This is a
TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ct)
(Entered: 07/24/2008)
07/25/2008 111 (Ex Parte) EX PARTE CJA FEE MATTER MOTION for Authorization of Fees for an
Investigator by Guy Madison Neighbors. (Pilate, Cheryl) (Entered: 07/25/2008)
07/28/2008 112 SEALED MOTION. (Pilate, Cheryl) (Modified on 7/30/2008. (mg)) (Entered:
07/28/2008)
07/29/2008 113 SEALED RESPONSE re 112 SEALED MOTION. (Parker, Marietta) (Modified on
7/30/2008. (mg)) (Entered: 07/29/2008)
07/30/2008 114 SEALED MOTION. (Attachments: # 1 Attachment)(Parker, Marietta) (Modified on

7/30/2008. (mg)) (Entered: 07/30/2008)
07/30/2008 115 SEALED MOTION. (Attachments: # 1 Attachment)(Parker, Marietta) (Modified on

7/30/2008. (mg)) (Entered: 07/30/2008)
07/30/2008 116 ORDER denying without prejudice for reassertion at a later date if deemed necessary
114 and 115 Sealed Motions. Signed by Magistrate Judge James P. O'Hara on 07/30/08.
(mg) (Entered: 07/30/2008)
07/30/2008 117 ORDER denying as moot without prejudice for reassertion 65 Motion to Revoke Bond
as to Carrie Marie Neighbors (1) and Guy Madison Neighbors (2). Signed by Magistrate
Judge James P. O'Hara on 07/30/08. (This is a TEXT ENTRY ONLY. There is no.pdf
document associated with this entry.) (mg) (Entered: 07/30/2008)
07/30/2008 118 ORDER as to Carrie Marie Neighbors and Guy Madison Neighbors. Signed by
Magistrate Judge James P. O'Hara on 07/30/08. (mg) (Entered: 07/30/2008)
07/30/2008 119 MINUTE ENTRY for proceedings held before Magistrate Judge James P. O'Hara: In
Chambers Conference as to Carrie Marie Neighbors, Guy Madison Neighbors held on
Motion Hearing as to Carrie Marie Neighbors, Guy Madison Neighbors held on
7/30/2008 re 65 MOTION to Revoke Bond filed by USA. (TEXT ENTRY FOR
STATISTICAL PURPOSES ONLY. There is no.pdf document associated with this
entry.) (kg) (Entered: 07/30/2008)
07/30/2008 121 (Ex Parte) ORDER granting the motion of defendant Carrie Neighbors 97 for leave to
file her motion for investigative services in excess of CJA limits under seal and ex
parte. Signed by Magistrate Judge James P. O'Hara on 07/30/08. (This is a TEXT
ENTRY ONLY. There is no.pdf document associated with this entry.) (mg) (Entered:
07/30/2008)
07/30/2008 122 SEALED MOTION by Guy Madison Neighbors. (Pilate, Cheryl) (Entered: 07/30/2008)
07/30/2008 123 ORDER as to Carrie Marie Neighbors and Guy Madison Neighbors: granting the Joint
112 SEALED MOTION. Pretrial Motions are due by 9/11/2008. Response deadline
10/2/2008. If deemed necessary, a motions hearing date will be set by Judge Murguia.
An In Court Hearing (James Hearing) is set for 1/12/2009 at 09:00 AM in Courtroom
463 (CM) before District Judge Carlos Murguia. The Jury Trial is reset for 2/2/2009 at
01:00 PM in Courtroom 463 (CM) before District Judge Carlos Murguia. Excludable
time is granted as to Carrie Marie Neighbors and Guy Madison Neighbors: 07/28/08 -
09/11/08. Signed by Magistrate Judge James P. O'Hara on 07/30/08. (mg) (Entered:
07/31/2008)
07/31/2008 124 (Court only) SEALED MOTION HAS BEEN SEALED AND TERMED, DUPLICATE
FILING OF DOC. 122. (Sealed User YH, ). (Entered: 07/31/2008)
08/01/2008 125 SEALED MOTION by Guy Madison Neighbors as to Carrie Marie Neighbors, Guy
Madison Neighbors. (Pilate, Cheryl) (Entered: 08/01/2008)
08/04/2008 126 ORDER REFERRING MOTIONS to Magistrate Judge James P. O'Hara as to Carrie
Marie Neighbors, Guy Madison Neighbors re 122 SEALED MOTION and 125
SEALED MOTION . Signed by District Judge Carlos Murguia on 8/4/2008. (This is a
TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (jw)
(Entered: 08/04/2008)
08/04/2008 127 (Court only) MOTIONS as to Carrie Marie Neighbors, Guy Madison Neighbors
REFERRED to Magistrate Judge: 122 SEALED MOTION and 125 SEALED
MOTION. (jw) (Entered: 08/04/2008)
08/12/2008 128 MOTION to Revoke Bond "Second Motion" by USA as to Guy Madison Neighbors.
(Attachments: # 1 Attachment)(Parker, Marietta) (Entered: 08/12/2008)
08/13/2008 129 MOTION to Revoke Bond "Second Motion" by USA as to Carrie Marie Neighbors.
(Parker, Marietta) (Entered: 08/13/2008)
08/14/2008 130 PETITION AND ORDER for Action on Conditions of Pretrial Release as to Defendant
Carrie Neighbors. Signed by Magistrate Judge James P. O'Hara on 08/14/08. Served in
open court.(mg) (Entered: 08/14/2008)
08/14/2008 131 PETITION AND ORDER for Action on Conditions of Pretrial Release as to Defendant
Guy S. Neighbors. Signed by Magistrate Judge James P. O'Hara on 08/14/08. Served in
open court. (mg) (Entered: 08/14/2008)
Motion Hearing as to Carrie Marie Neighbors and Guy Madison Neighbors held on
8/18/2008. Defendants' 23 Joint Motion to Dismiss, filed in case #08-8077, is denied
without prejudice. Government's 6 , 8 Motions for detention of defendants, filed in case
#08-8077, are denied. 130 and 131 Petitions, filed in case #07-20124, and 84 and 85
Petitions, filed in case #07-20073, are denied. Renewed Motions 128 and 129 in case
#07-20124 are denied. The government's 18 , 19 Sealed Motions, filed in case #08-
8077, are denied without prejudice. Defendants' 122 Joint Motion filed in 07-20124,
and the related 125 Motion are granted. Defendants' conditions of release in all three
cases shall be modified as outlined. (mg) (Entered: 08/19/2008)
08/21/2008 133 SEALED ORDER regarding 122 and 125 Sealed Motions. Signed by Magistrate Judge
James P. O'Hara on 08/21/08. (mg) (Entered: 08/22/2008)
08/21/2008 (Court only) ***Excludable XA started as to Carrie Marie Neighbors and Guy M.
Neighbors: See 133 Sealed Order. (Sealed User MG) (Entered: 12/30/2008)
08/25/2008 134 (Ex Parte) EX PARTE CJA FEE MATTER MOTION by Guy Madison Neighbors.
09/05/2008 135 Joint MOTION Court Order to Transcribe Hearing by Guy Madison Neighbors as to
Carrie Marie Neighbors, Guy Madison Neighbors. (Pilate, Cheryl) (Entered:
09/05/2008)
09/10/2008 (Court only) Motions No Longer Referred as to Carrie Marie Neighbors, Guy Madison
Neighbors: 135 MOTION Court Order to Transcribe Hearing. (ct) (Entered:
09/10/2008)
09/11/2008 136 Joint MOTION for Extension of Time to File Pretrial motions by Guy Madison
Neighbors as to Carrie Marie Neighbors, Guy Madison Neighbors. (Pilate, Cheryl)
(Entered: 09/11/2008)
09/18/2008 137 ORDER finding as moot 135 Motion for Order to Transcribe as to Carrie Marie
Neighbors (1), Guy Madison Neighbors (2). The court has already provided transcripts
for the hearings requested in the motion from an alternative transcriptionist. Signed by
no.pdf document associated with this entry.) (jw) (Entered: 09/18/2008)
09/22/2008 138 (Ex Parte) EX PARTE CJA FEE MATTER MOTION by Carrie Marie Neighbors.
(Sealed User CK ) Incorrect document initially attached to this entry. (Additional
attachment added on 9/22/2008: # 1 Ex Parte CJA Motion) (Sealed User CK) (Entered:
09/22/2008)
Motion Hearing as to Carrie Marie Neighbors, and Guy M. Neighbors held on
9/22/2008. 136 Joint Motion for Extension of Time to File Pretrial Motions granted.
Motions due by 11/11/2008. Response deadline 12/2/2008. Time is excluded from
09/11/08 until 11/11/08 as to Carrie Marie Neighbors, and Guy M. Neighbors. 134 EX
PARTE CJA FEE MATTER MOTION filed by Guy M. Neighbors is denied as moot.
(mg) (Entered: 09/23/2008)

09/23/2008 139 ORDER denying ex parte motion for examination (doc. 134). This appears to be a
duplicate motion which was filed in error. It is moot. That is, the court previously has
entered an order granting the relief requested (see doc. 133, filed on 8/18/08). Signed by
Magistrate Judge James P. O'Hara on 9/23/08. (This is a TEXT ENTRY ONLY. There
is no.pdf document associated with this entry.) (O'Hara, James) (Entered: 09/23/2008)
09/23/2008 140 ORDER granting ex parte motions for defendants to incur certain investigative
expenses (docs. 97, 111 & 138). However, as the undersigned magistrate judge
discussed with defendants' attorneys in chambers on 9/22/08, the court expects the two
investigators to avoid unnecessarily duplicating their work to the extent the defendants'
interests are consistent. Defense counsel shall provide the undersigned revised budgets
for the two investigators with this in mind by 9/30/08. Signed by Magistrate Judge
James P. O'Hara on 8/23/08. (This is a TEXT ENTRY ONLY. There is no.pdf
document associated with this entry.) (O'Hara, James) (Entered: 09/23/2008)
09/25/2008 142 MOTION to Revoke Defendan't Bond and For Show Cause Hearing by USA as to Guy
M. Neighbors. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit
Exhibit 3)(Parker, Marietta) (Entered: 09/25/2008)
10/21/2008 (Court only) ***Remark: On 10/20/2008, the court received a packet of information
from Defendants Guy and Carrie Neighbors. The court sent a letter in response
directing defendants to properly file information with the court through their
attorneys and returned the documents to defendants on 10/21/2008. The court
copied counsel on the court's response and information received. (jw) (Entered:
10/21/2008)
10/22/2008 143 MOTION to Dismiss on the Grounds of Vindictive Prosecution or Alternatively

MOTION For Discovery and/or Evidentiary Hearing by Carrie Marie Neighbors, Guy
M. Neighbors. (ck) (Entered: 10/23/2008)
10/22/2008 144 MEMORANDUM IN SUPPORT of 143 MOTION to Dismiss on the Grounds of
Vindictive Prosecution or Alternatively MOTION For Discovery and/or Evidentiary
Hearing by Carrie Marie Neighbors, Guy M. Neighbors. (ck) (Entered: 10/23/2008)
10/22/2008 145 MOTION to Dismiss on the Grounds of Vindictive Prosecution or Alternatively
MOTION For Discovery and/or Evidentiary Hearing by Carrie Marie Neighbors, Guy
M. Neighbors. (Entered: 10/23/2008)
10/23/2008 (Court only) Motions No Longer Referred as to Carrie Marie Neighbors, Guy M.
Neighbors: 143 MOTION to dismiss defendant Guy M. Neighbors and Carrie M.
Neighbors MOTION Or Alternatively, For Discovery and/or Evidentiary Hearing, 145
MOTION to Dismiss Complaint/Case MOTION to Dismiss on the Grounds of
Vindictive Prosecution or Alternatively MOTION For Discovery and/or Evidentiary
Hearing by Carrie Marie Neighbors, Guy M. Neighbors. (ct) (Entered: 10/23/2008)
10/23/2008 146 ENTRY OF APPEARANCE on behalf of USA by Terra D. Morehead (as co-counsel)
(Morehead, Terra) (Entered: 10/23/2008)
10/28/2008 147 ORDER denying 142 Motion to Revoke Bond and Conditions of Pretrial Release for
defendant Guy M. Neighbors. The motion is denied without prejudice to the right of the
Government to later file more factually detailed and persuasive arguments. Simply put,
even were the court to take at face value the very limited information provided by the
Government in the instant motion, the court does not believe that pretrial detention of
Mr. Neighbors is warranted (at least not yet). Signed by Magistrate Judge James P.
O'Hara on 10/28/08. (This is a TEXT ENTRY ONLY. There is no.pdf document
associated with this entry.) (O'Hara, James) (Entered: 10/28/2008)
10/28/2008 148 ORDER denying [143 & 145] Motions to Dismiss. These motions, which were filed pro
se by the two defendants in this case, are denied without prejudice to the right of either
or both defendants to reassert the same arguments through separate motion(s) filed their
by their respective court-appointed defense attorneys of record. Signed by Magistrate

Judge James P. O'Hara on 10/28/08. (This is a TEXT ENTRY ONLY. There is no.pdf
document associated with this entry.) (O'Hara, James) (Entered: 10/28/2008)
10/28/2008 (Court only) ***Motions terminated as to Carrie Marie Neighbors, Guy M.
Neighbors: 143 MOTION to dismiss defendant Guy M. Neighbors and Carrie M.
Neighbors MOTION Or Alternatively, For Discovery and/or Evidentiary Hearing
filed by Guy M. Neighbors, Carrie Marie Neighbors, 145 MOTION to Dismiss
Complaint/Case MOTION to Dismiss on the Grounds of Vindictive Prosecution or
Alternatively MOTION For Discovery and/or Evidentiary Hearing by Carrie
Marie Neighbors, Guy M. Neighbors. filed by Guy M. Neighbors, Carrie Marie
Neighbors. (ct) (Entered: 10/28/2008)
10/31/2008 149 ORDER as to defendants Carrie Neighbors and Guy Neighbors. On 9/23/08, the
undersigned magistrate judge entered an order (doc. 140), granting defendants' ex parte
motions to incur certain investigative expenses (docs. 97, 111 & 138). But because the
court expected the defendants' investigators to avoid unnecessarily duplicating their
work to the extent their clients interests were consistent, defense counsel were ordered
to provide the undersigned revised budgets with this in mind by 9/30/08. The
undersigned has reviewed and hereby approves the revised budgets. Signed by
Magistrate Judge James P. O'Hara on 10/31/08.(This is a TEXT ENTRY ONLY. There
is no.pdf document associated with this entry.) (O'Hara, James) (Entered: 10/31/2008)
11/03/2008 150 TRANSCRIPT of Motions held 7-18 & 21-08 as to Carrie Marie Neighbors, Guy M.
Neighbors before Judge JPO, Court Reporter Teri Hallberg, Telephone number 913-
551-5647. Transcript purchased by: US Attorney, Cheryl Pilate.
NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 calendar days of this

filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of
the party's intent to redact personal data identifiers from the electronic transcript
of the court proceeding. The policy is located on our website at
www.ksd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to
Redact is filed within the allotted time, this transcript will be made electronically
available on the date set forth below.
Transcript may be viewed at the court public terminal or purchased through the Court
Reporter/Transcriber before the deadline for Release of Transcript Restriction. After
that date it may be obtained through PACER. Release of Transcript Restriction set for
2/2/2009. (th) (Entered: 11/03/2008)
11/03/2008 151 MOTION to Dismiss for lack of agency jurisdiction by Carrie Marie Neighbors. (mm)
(Entered: 11/04/2008)
11/03/2008 152 MOTION to Dismiss for lack of agency jurisdiction by Guy M. Neighbors. (mm)
(Entered: 11/04/2008)
11/03/2008 153 MOTION to Change Venue by Carrie Marie Neighbors. (mm) (Entered: 11/04/2008)
11/03/2008 154 MOTION to Change Venue by Guy M. Neighbors. (mm) (Entered: 11/04/2008)
Neighbors: 154 MOTION to Change Venue (mt) (Entered: 11/04/2008)
11/04/2008 (Court only) Motions No Longer Referred as to Carrie Marie Neighbors: 153
MOTION to Change Venue (ct) (Entered: 11/04/2008)
Hearing as to Carrie Marie Neighbors, Guy M. Neighbors held on 11/4/2008 re 151
MOTION to Dismiss Complaint/Case filed by Carrie Marie Neighbors, 152 MOTION
to Dismiss Complaint/Case filed by Guy M. Neighbors, 153 MOTION to Change
Venue filed by Carrie Marie Neighbors & 154 MOTION to Change Venue filed by Guy
M. Neighbors. Marietta Parker and Terra Morehead appeared on behalf of the

government. Defendants Carrie Neighbors and Guy Neighbors appeared in person and
through counsel, John Duma and Cheryl Pilate respectively. The court denies
defendants' pro se motions 151 , 152 , 153 & 154 because Defendants are represented
by counsel, and were represented by counsel at the time they filed these documents pro
se. Defendants' pro se motions are out of order, and are denied without prejudice as
such. See United States v. Hildreth, 485 F.3d 1120, 1125 (10th Cir. 2007); United States
v. Guadalupe, 979 F.2d 790, 795 (10th Cir. 1992. The court will not consider further
pro se motions filed by defendants while they are represented by counsel. Due to the
fact that the court granted defendants' motion in 08-20105, doc. 40, the court grants a
continuance in this case of the pretrial deadlines/motions hearing which will be set at a
later date. The court finds that a continuance is necessary to afford the defendant due
process of law and finds the continuance outweighs the best interests of the public and
the defendant's right to a speedy trial under 18 U.S.C. section 3161(h). The court orders
that the time period from November 4, 2008 through January 27, 2009 shall be excluded
under speedy trial calculations. The court further orders that for logistical purposes, the
deadlines and hearing dates for case numbers 07-20073, 07-20124 and 08-20105 shall
be consolidated and will move together in all three cases. Status Conference set for
1/27/2009 at 09:30 AM in Courtroom 463 (CM) before District Judge Carlos Murguia.
Defendants to remain on bond. (Court Reporter Nancy Wiss.) (This is a TEXT ENTRY
ONLY. There is no.pdf document associated with this entry.) (jw) (Entered:
11/05/2008)
11/05/2008 156 ORDER denying without prejudice 151 Motion to Dismiss Complaint/Case as to Carrie
Marie Neighbors (1); denying without prejudice 153 Motion for Change of Venue as to
Carrie Marie Neighbors (1); denying without prejudice 152 Motion to Dismiss
Complaint/Case as to Guy M. Neighbors (2); denying without prejudice 154 Motion for
Change of Venue as to Guy M. Neighbors (2). Status Conference set on 1/27/09 at 9:30
a.m. before District Judge Carlos Murugia in courtroom #463. Signed by District Judge
Carlos Murguia on 11/5/08. (yh) (Entered: 11/06/2008)
11/05/2008 (Court only) Set/Reset Hearings as to Carrie Marie Neighbors, Guy M. Neighbors:
( Status Conference set for 1/27/2009 at 09:30 AM in Courtroom 463 (CM) before
District Judge Carlos Murguia.), ***Excludable XT started as to Carrie Marie
Neighbors and Guy M. Neighbors: (yh) (Entered: 11/06/2008)
01/08/2009 (Court only) Terminate Deadlines and Hearings as to Carrie Marie Neighbors, Guy
M. Neighbors: The James Hearing scheduled for 1/12/2009 in 123 is cancelled
pursuant to 155 minute entry. (jw) (Entered: 01/08/2009)
01/22/2009 157 NOTICE OF HEARING as to Defendants Carrie Marie Neighbors, Guy M. Neighbors
Status Conference RESET on the court's own motion for 2/18/2009 at 09:30 AM in
Courtroom 463 (CM) before District Judge Carlos Murguia. (This is a TEXT ENTRY
01/22/2009)
02/18/2009 158 MINUTE ENTRY for proceedings held before District Judge Carlos Murguia: Status
Conference as to Guy S. Neighbors, Carrie Neighbors held on 2/18/2009. Terra
Morehead and Marietta Parker appeared on behalf of the government. Defendant Guy
Neighbors appeared in person and through counsel, Melanie Morgan and Cheryl Pilate.
Defendant Carrie Neighbors appeared in person and through counsel, John Duma.
Without objection from the parties, the additional time excluded would serve the ends
of justice and would outweigh the best interests of the public and the defendant's right
to a speedy trial under 18 U.S.C. section 3161(h). The court orders that the time period
from January 27, 2009 through October 5, 2009 (and later depending on the other cases
and their trial settings to be further determined at the next court appearance) shall be
excluded under speedy trial calculations. Motions due by 7/27/2009. Response deadline
8/10/2009. Motion Hearing set for 8/18/2009 at 09:30 AM in Courtroom 463 (CM)
before District Judge Carlos Murguia. Jury Trial set for 10/5/2009 at 09:30 AM in
Courtroom 463 (CM) before District Judge Carlos Murguia. Hearing exhibit to be filed
under seal separately. Defendants to remain on bond. (Court Reporter Nancy Wiss.)
(jw) (Entered: 02/18/2009)
02/18/2009 159 ORAL MOTION for Leave to File Exhibits Under Seal by Carrie Marie Neighbors as to
Carrie Marie Neighbors and Guy M. Neighbors. (yh) Modified on 2/19/2009. (Entered:
02/19/2009)
02/18/2009 160 ORDER granting 159 Sealed Motion for Leave to File Under Seal. Counsel is directed
to file forthwith the requested document(s) with an event from the SEALED
DOCUMENTS category as to Carrie Marie Neighbors (1), Guy M. Neighbors (2)
02/18/2009 (Court only) (Entered: 02/19/2009)
02/19/2009 161 THIS ENTRY HAS BEEN BLOCKED FROM PUBLIC VIEW, DUPLICATE FILING
(yh) Modified on 7/8/2010 (yh). (Entered: 02/20/2009)
02/20/2009 162 SEALED EXHIBITS by Guy M. Neighbors (Pilate, Cheryl) (Entered: 02/20/2009)
04/25/2009 163 MOTION to Withdraw John M. Duma as Attorney by Carrie Marie Neighbors. (Duma,
John) (Entered: 04/25/2009)
04/27/2009 164 MOTION to Withdraw Cheryl A. Pilate as Attorney by Guy M. Neighbors. (Pilate,
Cheryl) (Entered: 04/27/2009)
04/27/2009 165 MOTION to Revoke Bond or in alternative mo for mental examination and for show
cause hearing by USA as to Guy M. Neighbors. (Attachments: # 1 Exhibit 1)(Parker,
04/27/2009 166 NOTICE OF HEARING ON MOTION as to Carrie Marie Neighbors, Guy M.
Neighbors 163 MOTION to Withdraw John M. Duma as Attorney, 164 MOTION to
Withdraw Cheryl A. Pilate as Attorney: Motion Hearing set for 5/4/2009 at 09:30 AM
in Courtroom 463 (CM) before District Judge Carlos Murguia. (This is a TEXT
ENTRY ONLY. There is no.pdf document associated with this entry.) (jw) (Entered:
04/27/2009)
04/27/2009 167 NOTICE OF HEARING ON MOTION as to Carrie Marie Neighbors, Guy M.
Neighbors 163 MOTION to Withdraw John M. Duma as Attorney, 164 MOTION to
Withdraw Cheryl A. Pilate as Attorney: Motion Hearing RESET at the request of
counsel for 5/11/2009 at 09:30 AM in Courtroom 463 (CM) before District Judge
Carlos Murguia. (This is a TEXT ENTRY ONLY. There is no.pdf document associated
with this entry.) (jw) (Entered: 04/27/2009)
05/04/2009 168 RESPONSE in Opposition by USA as to Guy M. Neighbors re 164 MOTION to
Withdraw Cheryl A. Pilate as Attorney (Attachments: # 1 Exhibit 1)(Parker, Marietta)
(Entered: 05/04/2009)
05/05/2009 169 RESPONSE in Opposition by USA as to Carrie Marie Neighbors re 163 MOTION to
Withdraw John M. Duma as Attorney (Attachments: # 1 Exhibit 1 & 2)(Parker,
MOTION to Withdraw Cheryl A. Pilate as Attorney filed by Guy M. Neighbors, 163
MOTION to Withdraw John M. Duma as Attorney filed by Carrie Marie Neighbors.
Marietta Parker and Terra Morehead appeared on behalf of the government. Defendants
Carrie Neighbors and Guy Neighbors appeared in person and through counsel, John
Duma and Cheryl Pilate respectively. The court denies the motions to withdraw as
counsel 163 , 164 . Order memorializing ruling to follow. Defendants to remain on
bond. Motion in Limine Hearing RESET for 8/11/2009 at 09:30 AM in Courtroom 463
(CM) before District Judge Carlos Murguia. (Court Reporter Nancy Wiss.) (This is a
(Entered: 05/11/2009)
05/11/2009 171 ORDER REFERRING MOTION to Magistrate Judge James P. O'Hara as to Carrie
Marie Neighbors, Guy M. Neighbors re 165 MOTION to Revoke Bond or in alternative
mo for mental examination and for show cause hearing filed by USA. Signed by
05/11/2009 172 ORDER denying 163 Motion to Withdraw as Attorney as to Carrie Marie Neighbors
(1); denying 164 Motion to Withdraw as Attorney as to Guy M. Neighbors (2) Signed
by District Judge Carlos Murguia on 5/11/09. (yh, ) (Entered: 05/12/2009)
05/14/2009 173 NOTICE OF HEARING ON MOTION as to Guy M. Neighbors 165 MOTION to
Revoke Bond or in alternative mo for mental examination and for show cause hearing :
Motion Hearing set for 5/20/2009 at 2:00 PM in Courtroom 236 before Magistrate
Judge James P. O'Hara. (This is a TEXT ENTRY ONLY. There is no.pdf document
associated with this entry.)(kg) (Entered: 05/14/2009)
Motion Hearing as to Guy M. Neighbors held on 5/20/2009. 165 Motion by USA for
pretrial detention as to Guy M. Neighbors (2) granted; separate order to follow. (mg)
(Entered: 05/21/2009)
05/21/2009 175 ORDER OF DETENTION as to Guy M. Neighbors. Signed by Magistrate Judge James
P. O'Hara on 05/21/09. (mg) (Entered: 05/21/2009)
06/01/2009 176 (WITHDRAWN: See 199 .) MOTION for order Reinstatement of Pretrial Release by
Guy M. Neighbors. (Pilate, Cheryl) (Motion withdrawn on 8/7/2009. (mg)) (Entered:
06/01/2009)
06/05/2009 177 ORDER requiring the government to respond as to Guy M. Neighbors re 176 MOTION
for order Reinstatement of Pretrial Release filed by Guy M. Neighbors. Response
deadline 6/9/2009. Signed by District Judge Carlos Murguia on 6/5/2009. (This is a
(Entered: 06/05/2009)
06/08/2009 178 RESPONSE in Opposition by USA as to Guy M. Neighbors re 176 MOTION for order
Reinstatement of Pretrial Release (Attachments: # 1 Attachment 1-6)(Parker, Marietta)
(Entered: 06/08/2009)
06/10/2009 179 NOTICE OF HEARING ON MOTION as to Guy M. Neighbors 176 MOTION for
order Reinstatement of Pretrial Release: Motion Hearing set for 6/18/2009 at 09:00 AM
in Courtroom 463 (CM) before District Judge Carlos Murguia. (This is a TEXT
06/10/2009)
06/11/2009 180 NOTICE OF HEARING as to Defendant Guy M. Neighbors. Status Conference re 176
Motion for Reinstatement of Pretrial Release set for 6/16/2009 at 04:00 PM in
Courtroom 463 (CM) before District Judge Carlos Murguia. The motion hearing
previously set for June 18, 2009 at 9:00 a.m. is hereby cancelled. (This is a TEXT
06/11/2009)
06/16/2009 181 MINUTE ENTRY for proceedings held before District Judge Carlos Murguia: Status
Conference as to Guy M. Neighbors held on 6/16/2009. Marietta Parker and Terra
Morehead appeared on behalf of the government. Defendant appeared in person and
through counsel, Cheryl Pilate. Counsel for the defendant requested approximately 10
days to schedule the motion hearing for availability of evidence and witnesses. Motion
Hearing set for 6/30/2009 at 09:00 AM in Courtroom 463 (CM) before District Judge
Carlos Murguia. Defendant remanded to custody. (Court Reporter Nancy Wiss.) (This is
a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (jw)
(Entered: 06/16/2009)
06/18/2009 182 (Ex Parte) EX PARTE CJA FEE MATTER MOTION by Guy M. Neighbors. (Pilate,
06/19/2009 183 Ex Parte ORDER granting 182 Ex Parte CJA Fee Matter Motion as to Guy M.
Neighbors (2). Signed by Magistrate Judge James P. O'Hara on 06/19/09. (mg)
(Entered: 06/22/2009)
Hearing as to Guy M. Neighbors held on 7/1/2009 re 176 MOTION for order
Reinstatement of Pretrial Release filed by Guy M. Neighbors. Marietta Parker and Terra
through counsel, Cheryl Pilate. Evidence was entered. 3 Witnesses for the defendant
were presented: Christina Neighbors Rutledge, Dennis Conway, Dan Clark. Defendant
exhibits for witness Neighbors Rutledge included 109, 111, 112, 108. Government
exhibits for this same witness included 2. Defendant exhibits for witnesses Conway and
Clark included 105, 103, 115, 116, 117, 113 and 114. The court retained possession of
the exhibits. Defendant requested another hearing date for additional presentation of
evidence - granted. Motion Hearing set for 8/7/2009 at 09:00 AM in Courtroom 463
(CM) before District Judge Carlos Murguia. Defendant remanded to custody. (Court
Reporter Nancy Wiss.) (This is a TEXT ENTRY ONLY. There is no.pdf document
associated with this entry.) (jw) (Entered: 07/01/2009)
07/01/2009 185 MINUTE ORDER as to Carrie Marie Neighbors, Guy M. Neighbors re 170 Minute
entry resetting the motions in limine hearing for 8/11/2009 at 9:30 a.m. Because the
court reset the hearing date for any motions in limine filed, the deadline for a response
to any motions in limine shall be 8/5/2009. The deadline for filing motions in limine
remains 7/27/2009. Signed by District Judge Carlos Murguia on 7/1/2009. (This is a
(Entered: 07/01/2009)
07/02/2009 186 (Ex Parte) EX PARTE CJA FEE MATTER MOTION by Guy M. Neighbors as to
Carrie Marie Neighbors, Guy M. Neighbors. (Pilate, Cheryl) (Entered: 07/02/2009)
07/06/2009 187 ORDER granting 186 Ex Parte CJA Fee Matter Motion as to Carrie Marie Neighbors
(1), Guy M. Neighbors (2). Signed by Magistrate Judge James P. O'Hara on 7/6/09.
(ct) (Entered: 07/06/2009)
07/27/2009 188 MOTION for Discovery of Exculpatory and Impeaching Information Under Brady v.
Maryland and for Discovery Under Rule 16 by Guy M. Neighbors. (Pilate, Cheryl)
(Entered: 07/27/2009)
07/27/2009 189 MOTION in Limine by Carrie Marie Neighbors as to Carrie Marie Neighbors, Guy M.
Neighbors. (Duma, John) (Entered: 07/27/2009)
07/27/2009 190 MOTION to Suppress by Carrie Marie Neighbors as to Carrie Marie Neighbors, Guy
M. Neighbors. (Duma, John) (Entered: 07/27/2009)
07/27/2009 191 Joint MOTION to dismiss counts Forfeiture Allegation II by Guy M. Neighbors as to
Carrie Marie Neighbors, Guy M. Neighbors. (Pilate, Cheryl) (Entered: 07/27/2009)
07/27/2009 192 Joint MOTION for Discovery of Information Pertaining to Annette Miller and Her
Contacts with Law Enforcement by Guy M. Neighbors as to Carrie Marie Neighbors,
Guy M. Neighbors. (Pilate, Cheryl) (Entered: 07/27/2009)
Neighbors: 188 MOTION for Discovery of Exculpatory and Impeaching
Information Under Brady v. Maryland and for Discovery Under Rule 16, 192
MOTION for Discovery (ah) (Entered: 07/28/2009)
08/05/2009 193 RESPONSE to Motion by USA as to Carrie Marie Neighbors, Guy M. Neighbors re
192 MOTION for Discovery. (Parker, Marietta) (Entered: 08/05/2009)
188 MOTION for Discovery of Exculpatory and Impeaching Information Under Brady
v. Maryland and for Discovery Under Rule 16. (Parker, Marietta) (Entered: 08/05/2009)
191 Joint MOTION to dismiss counts Forfeiture Allegation II. (Parker, Marietta)
(Entered: 08/05/2009)
189 MOTION in Limine. (Attachments: # 1 Exhibit)(Parker, Marietta) (Entered:
08/05/2009)
190 MOTION to Suppress. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4
Exhibit, # 5 Exhibit)(Parker, Marietta) (Entered: 08/05/2009)
08/05/2009 198 MOTION in Limine by USA as to Carrie Marie Neighbors, Guy M. Neighbors. (Parker,
08/07/2009 199 NOTICE of Withdrawal of 176 Motion for Reinstatement of Pretrial Release as to Guy
M. Neighbors. (Pilate, Cheryl) (Entered: 08/07/2009)
Hearing as to Guy M. Neighbors held on 8/7/2009 re 176 MOTION for order
Reinstatement of Pretrial Release filed by Guy M. Neighbors and 199 Notice of
Withdrawal of Motion for Reinstatement of Pretrial Release. Marietta Parker and Terra
through counsel, Cheryl Pilate. Defendant advised of his rights. The court
acknowledged the notice of withdrawal of the motion for reinstatement of pretrial
release. The government moved for the withdrawal of the exhibits from the previous
motion hearing - granted. Defendant withdrew the exhibits on the record in the hearing.
Defendant remanded to custody. (Court Reporter Nancy Wiss.) (This is a TEXT
08/07/2009)
08/07/2009 201 SEALED MOTION for Leave to File Under Seal Proposed Motion by Guy M.
Neighbors as to Carrie Marie Neighbors, Guy M. Neighbors. (Attachments: # 1
Proposed Sealed Document)(Pilate, Cheryl) (Entered: 08/07/2009)
DOCUMENTS category as to Guy M. Neighbors (2). Signed by District Judge Carlos
08/10/2009 203 SEALED MOTION by Guy M. Neighbors. (Pilate, Cheryl) (Entered: 08/10/2009)
08/10/2009 204 MOTION for order Mental Examination by USA as to Guy M. Neighbors. (Parker,
08/11/2009 205 MOTION to Continue Jury Trial by Carrie Marie Neighbors as to Carrie Marie
Neighbors, Guy M. Neighbors. (Duma, John) (Entered: 08/11/2009)
MOTION for order Mental Examination filed by USA, 203 SEALED MOTION filed
by Guy M. Neighbors. Marietta Parker and Terra Morehead appeared on behalf of the
government. Defendant Carrie Neighbors appeared in person and through counsel, John
Duma. Defendant Guy Neighbors appeared in person and through counsel, Cheryl
Pilate. The court granted the motions and found that the resulting delay shall be
excluded under the speedy trial act in accordance with 18 U.S.C. section 3161(h)(1)(A).
Order memorializing ruling to follow. Defendant Carrie Neighbors to remain on bond.
Defendant Guy Neighbors remanded to custody. (Court Reporter Nancy Wiss.) (This is
(Entered: 08/11/2009)
08/11/2009 207 ORDER granting 205 Motion to Continue Jury Trial. Time excluded from 8/11/09
Motion to Continue Jury trial Time excluded from 8/11/09 through the date the court
conducts a competency hearing as to Carrie Marie Neighbors (1), Guy M. Neighbors (2)
DOCUMENTS category as to Carrie Marie Neighbors (1); granting 203 Sealed Motion
as to Guy M. Neighbors (2); granting 204 Motion for Order as to Guy M. Neighbors (2)
08/11/2009 (Court only) ***Excludable started XA as to Carrie Marie Neighbors and Guy M.
Neighbors: (yh) (Entered: 08/12/2009)
08/19/2009 209 Third MOTION for Mental Exam and Hearing by USA as to Carrie Marie Neighbors.
08/20/2009 210 NOTICE OF HEARING ON MOTION as to Carrie Marie Neighbors 209 Third
MOTION for Mental Exam and Hearing: Motion Hearing set for 8/25/2009 at 03:00
PM in Courtroom 463 (CM) before District Judge Carlos Murguia. (This is a TEXT
08/20/2009)
Hearing as to Carrie Marie Neighbors held on 8/25/2009 re 209 Third MOTION for
Mental Exam and Hearing filed by USA. Marietta Parker and Terra Morehead appeared
on behalf of the government. Defendant appeared in person and through counsel, John
Duma. Defendant advised of her rights. The government offered Exhibits 2 & 4 -
admitted. The government also played audio evidence during the hearing. The court
granted the government's motion. Order for mental evaluation to follow. The court
ordered the time from the date of this hearing through the date of the hearing regarding
the results of the mental evaluation to be excludable under 18 U.S.C. 3161(h)(1)(a).
Defendant to remain on bond at this time. (Court Reporter Nancy Wiss.) (This is a
(Entered: 08/26/2009)
08/26/2009 212 ORDER granting 209 Motion for Mental Examination as to Carrie Marie Neighbors (1).
08/26/2009 (Court only) ***Excludable XA started as to Carrie Marie Neighbors: (yh)
(Entered: 08/27/2009)
M. Neighbors: pursuant to 207 Order granting continuance of trial, the trial
previously set for 10/5/2009 is hereby cancelled. (jw) (Entered: 10/01/2009)
11/13/2009 213 NOTICE OF HEARING as to Defendant Carrie Marie Neighbors. Competency Hearing
set for 12/7/2009 at 01:30 PM in Courtroom 463 (CM) before District Judge Carlos
Murguia. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with
this entry.) (jw) (Entered: 11/13/2009)
11/16/2009 214 MOTION for reinstatement of pretrial release by Guy M. Neighbors. (pro se) (yh)
(Entered: 11/18/2009)
11/18/2009 215 ORDER denying 214 Motion for Order as to Guy M. Neighbors (2). The court has the
above pro se motion before it. Defendant is represented by counsel, and was represented
by counsel at the time he filed this motion. Defendant's pro se motion is out of order,
and is denied without prejudice as such. See United States v. Hildreth, 485 F.3d 1120,
1125 (10th Cir. 2007); United States v. Guadalupe, 979 F.2d 790, 795 (10th Cir. 1992).
If appropriate, counsel may file a motion addressing the substance of defendant's pro se
motion within ten days of the date of this order. The court will not consider further pro
se motions filed by defendant while he is represented by counsel. Signed by District
Judge Carlos Murguia on 11/18/2009. (This is a TEXT ENTRY ONLY. There is no.pdf
12/02/2009 216 NOTICE OF HEARING as to Defendant Guy M. Neighbors. Competency Hearing set
for 12/8/2009 at 09:30 AM in Courtroom 463 (CM) before District Judge Carlos
12/07/2009 217 MINUTE ENTRY for proceedings held before District Judge Carlos Murguia:
Competency Hearing as to Carrie Marie Neighbors held on 12/7/2009. Marietta Parker
appeared on behalf of the government. Defendant Carrie Neighbors appeared in person
and through counsel, John Duma. Defendant found competent to stand trial. Order
memorializing ruling to follow. Defendant to remain on bond. The court ordered that
the time period from now until co-defendant Guy Neighbors is found to be competent is
excluded from speedy trial time pursuant to 18 U.S.C. section 3161(h)(6). (Court
12/07/2009 218 ORDER as to Carrie Marie Neighbors, Guy M. Neighbors, Excludable XA started as to
Carrie Marie Neighbors, Guy M. Neighbors: Signed by District Judge Carlos Murguia
on 12/7/09. (yh) (Entered: 12/08/2009)
Competency Hearing as to Guy M. Neighbors held on 12/8/2009. Marietta Parker
appeared on behalf of the government. Defendant appeared in person and through
counsel, Cheryl Pilate. Defendant found incompetent at this time to stand trial and
ordered for further evaluation. Order memorializing ruling to follow. The court ordered
that the time period from now until the time he is found to be competent is excluded
from speedy trial pursuant to 18 U.S.C. section 3161(h)(4). The government requested
that the court take judicial notice of the evaluation report and that it be filed under seal -
granted. Defendant remanded to custody. (Court Reporter Nancy Wiss.) (This is a
(Entered: 12/09/2009)
12/09/2009 220 ORDER for Mental Examination as to Guy M. Neighbors Signed by District Judge
12/09/2009 221 SEALED DOCUMENT (Mental Eval) by Guy M. Neighbors. (Original kept in Judge
Murguia's chambers) (yh) (Entered: 12/09/2009)
01/26/2010 222 (Ex Parte) EX PARTE CJA FEE MATTER MOTION requesting order nunc pro tunc
to permit payment to court-appointed computer forensic expert Greg Chatten by Guy
M. Neighbors as to Carrie Marie Neighbors, Guy M. Neighbors. (Attachments: # 1
Exhibit Greg Chatten invoices, # 2 Exhibit Ex parte court order appointing Mr. Chatten)
(Pilate, Cheryl) Modified on 2/1/2010 (yh). (Entered: 01/26/2010)
01/29/2010 223 EX PARTE ORDER granting 222 Ex Parte CJA Fee Matter Motion as to Guy M.
Neighbors (2) Signed by District Judge Carlos Murguia on 1/29/10. (yh) (Entered:
02/01/2010)
04/26/2010 224 MOTION to Withdraw John Duma as attorney by Carrie Marie Neighbors. (mm)
(Entered: 04/27/2010)
04/26/2010 225 MOTION to Strike counsel's proffer on 8/25/09 by Carrie Neighbors. (mm) (Entered:
04/27/2010)
04/26/2010 226 MOTION to Exclude evidence by Carrie Marie Neighbors. (mm) (Entered: 04/27/2010)
04/26/2010 227 MOTION to Exclude witnesses by Carrie Marie Neighbors. (mm) (Entered:
04/27/2010)
04/26/2010 228 MOTION to Strike defendant's proffer by Carrie Neighbors. (mm) (Entered:
04/27/2010)
04/26/2010 229 MOTION for Return of Property by Carrie Marie Neighbors. (mm) (Entered:
04/27/2010)
04/26/2010 230 MOTION for Evidentiary Hearing by Carrie Neighbors. (mm) (Entered: 04/27/2010)
05/03/2010 231 MOTION for prior counsel to turn over copies of records by Carrie Marie Neighbors.
(yh) (Entered: 05/05/2010)
05/04/2010 232 MOTION for written transcripts by Carrie Marie Neighbors. (yh) (Entered: 05/05/2010)
05/18/2010 233 NOTICE OF HEARING ON MOTION as to Carrie Marie Neighbors 230 MOTION for
Hearing, 229 MOTION for Return of Property, 232 MOTION for order written
transcripts, 227 MOTION to Exclude, 226 MOTION to Exclude, 225 MOTION to
Strike, 231 MOTION for order prior counsel to turn over copies of records, 224
MOTION to Withdraw John Duma as Attorney, 228 MOTION to Strike: Motion
Hearing set for 5/24/2010 at 01:30 PM in Courtroom 463 (CM) before District Judge
05/18/2010 234 ORDER: The mental evaluation report shall be submitted to the court no later than June
6, 2010 as to Guy M. Neighbors. Signed by District Judge Carlos Murguia on 5/18/10.
(yh) (Entered: 05/18/2010)
05/21/2010 235 NOTICE OF HEARING ON MOTION as to Carrie Marie Neighbors 230 MOTION for
Hearing, 229 MOTION for Return of Property, 232 MOTION for order written
transcripts, 227 MOTION to Exclude, 226 MOTION to Exclude, 225 MOTION to
Strike, 231 MOTION for order prior counsel to turn over copies of records, 224
MOTION to Withdraw John Duma as Attorney, 228 MOTION to Strike: Motion
Hearing will now begin on 5/24/2010 at 03:00 PM in Courtroom 463 (CM) before
District Judge Carlos Murguia. (This is a TEXT ENTRY ONLY. There is no.pdf
MOTION HEARING as to Carrie Marie Neighbors held on 5/24/2010 re 231 MOTION
for order prior counsel to turn over copies of records filed by Carrie Marie Neighbors,
224 MOTION to Withdraw John Duma as Attorney filed by Carrie Marie Neighbors.
Terra Morehead and Marietta Parker appeared on behalf of the government. Defendant
Carrie Neighbors appeared in person and through counsel, John Duma. Defendant
advised of her rights. For the reasons set forth on the record in the hearing, the court
grants in part and denies in part Defendant 1 s Marsden Motion (Motion to Withdraw
John Duma as Attorney) (Doc. 224). Defendant Carrie Neighbors may proceed pro se;
John Duma will be appointed as standby counsel; and defendants ability to continue
using investigator Dan Clark is limited in the manner as set out on the record. Further,
in the manner and for the reasons set forth on the record in the hearing, Defendant 1 s
Motion for the Prior Counsel of Record [John Duma] to Turn Over Any and All Copies
of Records Documents, Evidence, Materials, or Any Memos, In Which is In His
Possession Pertaining to This Cause of Action (Doc. 231) is granted in part and denied
in part. The court finds that the continuance outweighs the best interests of the public
and the defendants right to a speedy trial under 18 U.S.C. § 3161(h)(1)(A). The court
orders that the delay resulting from these proceedings shall be excluded, specifically the
time period from May 24, 2010 through the trial date of September 7, 2010 shall be
excluded under speedy trial calculations. The governments deadline for responding to
defendant Carrie Neighbors pending pro se motions is June 28, 2010. A motion hearing
is set for all pending motions, in all three cases, on July 27, 2010 at 9:00 a.m. A jury
trial of these matters is set for September 7, 2010 at 1:00 p.m. The order of these cases
and their trial schedule will be determined at a later date. Order memorializing ruling in
all three cases will be filed. Defendant to remain on bond. (Court Reporter Nancy
entry.) (jw) (Entered: 05/25/2010)
05/25/2010 237 ORDER granting in part and denying in part 224 Motion to Withdraw as Attorney John
Duma as to Carrie Marie Neighbors (1); granting in part and denying in part 231
Motion for Order as to Carrie Marie Neighbors (1). Signed by District Judge Carlos
Murguia on 5/25/10. (yh) (Entered: 05/26/2010)
05/25/2010 (Court only) Set/Reset Deadlines/Hearings as to Carrie Marie Neighbors, Guy M.

Neighbors:( Response deadline 6/28/2010, Jury Trial set for 9/7/2010 at 01:00 PM
in Courtroom 463 (CM) before District Judge Carlos Murguia., Motion Hearing
set for 7/27/2010 at 09:00 AM in Courtroom 463 (CM) before District Judge
Carlos Murguia.), ***Excludable XT from 5/24/10 thru 9/7/10 started as to Carrie
Marie Neighbors and Guy M. Neighbors: (yh) (Entered: 05/26/2010)
05/26/2010 238 CJA 20 as to Carrie Marie Neighbors: Appointment of Attorney Joihn Duma as standby
counsel. Signed by District Judge Carlos Murguia on 5/26/2010. (yh) (Entered:
05/27/2010)
Neighbors: 226 MOTION to Exclude, 230 MOTION for Hearing, 229 MOTION
for Return of Property, 227 MOTION to Exclude (ah) (Entered: 05/27/2010)
06/01/2010 239 MOTION for Reconsideration of Oral Order re 236 Motion Hearing. by Carrie Marie
Neighbors. (yh) (Entered: 06/02/2010)
MOTION for Reconsideration re 236 Motion Hearing (ah) (Entered: 06/02/2010)
06/14/2010 240 AMENDED MOTION to Dismiss Case by Carrie Marie Neighbors. (yh) (Entered:
06/15/2010)
06/18/2010 241 NOTICE OF HEARING as to Defendant Guy M. Neighbors. Competency Hearing set
06/22/2010 242 NOTICE OF HEARING as to Defendant Guy M. Neighbors. PLEASE NOTE, THE
HEARING WILL BEGIN AT 9:00 a.m. RATHER THAN 10:00 a.m. Competency
Hearing RESET for 6/23/2010 at 09:00 AM in Courtroom 463 (CM) before District
Judge Carlos Murguia. (This is a TEXT ENTRY ONLY. There is no.pdf document
06/22/2010 243 SEALED MOTION for Leave to File Under Seal by USA as to Carrie Marie
Neighbors. (Attachments: # 1 Proposed Sealed Document)(Morehead, Terra) (Entered:
06/22/2010)
06/22/2010 244 MOTION for Extension of Time to File Response/Reply as to 240 MOTION to Dismiss
Complaint/Case, 239 MOTION for Reconsideration re 236 Motion Hearing,,,,,,,, by
USA as to Carrie Marie Neighbors. (Morehead, Terra) (Entered: 06/22/2010)
06/23/2010 246 SEALED MOTION by USA as to Carrie Marie Neighbors. (Morehead, Terra) (Entered:
06/23/2010)
MOTION for Extension of Time to File Response/Reply as to 240 MOTION to
Dismiss Complaint/Case, 239 MOTION for Reconsideration re 236 Motion
Hearing,,,,,,,, (ah) (Entered: 06/23/2010)

COMPETENCY HEARING as to Guy M. Neighbors held on 6/23/2010. Terra
through counsel, Cheryl Pilate. Defendant advised of his rights. After reviewing the
evaluation report, the court finds that defendant, Guy Neighbors, is not competent to
stand trial at this time. The court set the matter for hearing on July 14, 2010 to
determine the status of medicating defendant. The court finds that the time from June
23, 2010 to July 14, 2010 shall be tolled as to defendant Guy Neighbors's speedy trial
time pursuant to 18 U.S.C. section 3161(h)(6). The court issued deadlines for the parties
to brief the issue of voluntary or involuntary medication. Defendant's brief is due by
July 2, 2010. The government's response is due July 9, 2010. Order memorializing
ruling to follow. Defendant remanded to custody. (Court Reporter Nancy Wiss.) (This is
(Entered: 06/23/2010)
06/23/2010 248 (Court only) THIS ENTRY HAS BEEN BLOCKED FROM PUBLIC VIEW,
DUPLICATE FILING (jw) Modified on 6/23/2010 (yh). (Entered: 06/23/2010)
06/23/2010 249 ORDER granting 244 Motion for Extension of Time to File Response/Reply as to
Carrie Marie Neighbors (1). Signed by District Judge Carlos Murguia on 6/23/10. (yh)
(Entered: 06/23/2010)
06/23/2010 250 ORDER as to Carrie Marie Neighbors ( In Court Hearing set for 7/14/2010 at 09:30
AM in Courtroom 463 (CM)before District Judge Carlos Murguia.), Excludable XA
stopped as to Carrie Marie Neighbors, Guy M. Neighbors Signed by District Judge
06/23/2010 251 MOTION to deny plaintiff addtional time to respond by Carrie Marie Neighbors. (yh)
(Entered: 06/23/2010)
06/23/2010 252 MOTION to Quash plaintiff's sealed motion by Carrie Marie Neighbors. (yh) (Entered:
06/23/2010)
06/24/2010 253 MOTION to Strike the United States Motion for supplemental report by Carrie Marie
Neighbors as to Carrie Marie Neighbors. (yh) (Entered: 06/24/2010)
06/28/2010 254 RESPONSE TO MOTION by USA as to Carrie Marie Neighbors re 232 MOTION for
order written transcripts (Parker, Marietta) (Entered: 06/28/2010)
Return of Property (Attachments: # 1 Exhibit 1)(Parker, Marietta) (Entered:
06/28/2010)
06/28/2010 256 RESPONSE TO MOTION by USA as to Carrie Marie Neighbors re 227 MOTION to
Exclude (Parker, Marietta) (Entered: 06/28/2010)
Exclude (Parker, Marietta) (Entered: 06/28/2010)
Strike (Parker, Marietta) (Entered: 06/28/2010)
Strike (Attachments: # 1 Exhibit 1)(Parker, Marietta) (Entered: 06/28/2010)
Hearing (Parker, Marietta) (Entered: 06/28/2010)
06/29/2010 261 MOTION for Injunction and Restraining Order against Dr. Robert G. Lucking by Carrie
Marie Neighbors. (yh) (Entered: 06/29/2010)
06/30/2010 262 Unopposed MOTION for Extension of Time to File Defendant's motion under Sell v
United States by Guy M. Neighbors as to Carrie Marie Neighbors, Guy M. Neighbors.
07/02/2010 263 ORDER granting 262 Motion for Extension of Time to File defendant's Sell motion as
to Guy M. Neighbors (2). Motion due by 7/9/2010. Signed by District Judge Carlos
MOTION to Quash, 262 Unopposed MOTION for Extension of Time to File
Defendant's motion under Sell v United States (ah) (Entered: 07/06/2010)
07/06/2010 264 ORDER denying as moot 251 Motion for Order as to Carrie Marie Neighbors (1).
Defendant Carrie Neighbors's Motion to Deny Plaintiff Additional Time to Respond
(No. 07-20124, Doc. 251; No. 07-20073, Doc. 149; No. 08-20105, Doc. 106) is denied
as moot. Before defendant filed the motion, the court had already granted the
government additional time to respond. Defendant's motion is also denied on its merits.
Defendant will not suffer prejudice by the additional time granted to the government.
Additionally, time is already being excluded under the Speedy Trial Act pursuant to 18
U.S.C. § 3161(h)(1)(D), because defendant filed the pending pretrial motions. Signed
by District Judge Carlos Murguia on 7/6/2010. (This is a TEXT ENTRY ONLY. There
is no.pdf document associated with this entry.) (jw) (Entered: 07/06/2010)
07/06/2010 265 ORDER denying as moot 252 Motion to Quash as to Carrie Marie Neighbors (1).
Defendant Carrie Neighbors's Motion to Quash the Plaintiff's Motion for Under Seal
[sic], as to Defendant 1 ((No. 07-20124, Doc. 252; No. 07-20073, Doc. 150; No. 08-
20105, Doc. 107) is denied as moot. Before defendant filed the motion, the court had
already granted the government's motion for leave to file a sealed motion. Defendant's
motion is also denied on its merits. Defendant appears concerned that she would not
receive a copy of the sealed motion, but she has received a copy and responded.
Moreover, the basis for allowing the motion to be filed under seal is valid. The court
also advises defendant that the appropriate way to oppose a motion is generally to file a
response to the motion, stating the partys opposition. See generally D. Kan. R. 7.1(c).
While the court will consider motions filed in response to a motion, a more effective
and efficient method of procedure is for the parties to file responses and replies stating
their respective positions. Signed by District Judge Carlos Murguia on 7/6/2010. (This
is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (jw)
(Entered: 07/06/2010)
07/06/2010 266 ORDER denying 253 Motion to Strike as to Carrie Marie Neighbors (1). Defendant
Carrie Neighbors's Motion to Strike the United States Motion for Supplemental Report
(No. 07-20124, Doc. 253; No. 07-20073, Doc. 151; No. 08-20105, Doc. 108) is denied.
Defendant gives no valid basis for striking the government's motion. The court will,
however, consider the substance of defendant's motion to strike as a response to the
government's motion for a supplemental report. In other words, this ruling is not to be
considered a ruling on whether a substantive report is warranted. The court will rule on
that motion separately, considering the content of defendant's motion to strike when it
makes its decision. The court denies the motion to strike only on the basis that it does
not merit relief under the standards of Fed. R. Civ. P. 12(f). Signed by District Judge
Neighbors: 262 Unopposed MOTION for Extension of Time to File Defendant's
motion under Sell v United States filed by Guy M. Neighbors. This motion was
ruled on in 263 Order granting motion. (jw) (Entered: 07/06/2010)
07/06/2010 267 REPLY TO RESPONSE to Motion by Carrie Marie Neighbors re 229 MOTION for
Return of Property. (mm) (Entered: 07/06/2010)
Evidentiary Hearing. (mm) (Entered: 07/06/2010)

07/06/2010 269 REPLY TO RESPONSE to Motion by Carrie Marie Neighbors re 225 MOTION to
Strike Counsel's proffer of 8/25/09. (mm) (Entered: 07/06/2010)
order written transcripts. (mm) (Entered: 07/06/2010)
Strike or Quash defendant's proffer. (mm) (Entered: 07/06/2010)
Exclude witnesses. (mm) (Entered: 07/07/2010)
Exclude evidence. (mm) (Entered: 07/07/2010)
Dismiss Complaint/Case (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Parker,
07/08/2010 275 ORDER denying 246 Sealed Motion as to Carrie Marie Neighbors (1); denying 261
Motion for Order as to Carrie Marie Neighbors (1) Signed by District Judge Carlos
Murguia on 7/8/10. (cc: Carie Neighbors by regular mail) (yh) (Entered: 07/08/2010)
07/09/2010 276 MOTION to Continue Sell Hearing by Guy M. Neighbors. (Pilate, Cheryl) (Entered:
07/09/2010)
Neighbors. (Attachments: # 1 Proposed Sealed Document, # 2 Exhibit 1, # 3 Exhbit 2, #
4 Exhibit 3)(Parker, Marietta) (Entered: 07/09/2010)
Neighbors. (Attachments: # 1 Proposed Sealed Document)(Parker, Marietta) (Entered:
07/09/2010)
07/09/2010 279 SEALED MOTION for Leave to File Under Seal by Guy M. Neighbors as to Carrie
Marie Neighbors, Guy M. Neighbors. (Attachments: # 1 Exhibit A - proposed sealed
pleading)(Pilate, Cheryl) (Entered: 07/09/2010)
07/12/2010 282 ORDER granting 276 Motion to Continue as to Guy M. Neighbors (2). The court will
reset the Sell Hearing at a later time. Signed by District Judge Carlos Murguia on
7/12/2010. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with
07/12/2010 284 SEALED MOTION by USA as to Carrie Marie Neighbors. DISREGARD EXHIBITS
1, 2 and 3. FILED IN ERROR. SEE CORRECTED EXHIBIT 1,2 and 3. (Attachments:
# 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Parker, Marietta) (Additional attachment(s)
added on 7/14/2010: # 4 Exhibit Corrected Exhibit 1, # 5 Exhibit Corrected Exhibt 2, #
6 Exhibit Corrected Exhibit 3) (mm) (Entered: 07/12/2010)
07/12/2010 285 SEALED MOTION by USA as to Carrie Marie Neighbors. (Parker, Marietta) (Entered:
07/12/2010)
07/12/2010 287 MOTION for Judicial clerks oversight of mailings and change of address by Carrie
07/13/2010 288 ORDER expediting response time as to Carrie Marie Neighbors, Guy M. Neighbors re
285 SEALED MOTION filed by USA, 284 SEALED MOTION filed by USA, 286
SEALED MOTION filed by Guy M. Neighbors. Responses to the motions are due no
later than July 16, 2010. Signed by District Judge Carlos Murguia on 7/13/2010. (This
(Entered: 07/13/2010)
SEALED MOTION for Leave to File Under Seal (ah) (Entered: 07/13/2010)
07/13/2010 289 SEALED RESPONSE by Carrie Marie Neighbors re 284 SEALED MOTION (Sealed
User YH, ) (Entered: 07/13/2010)
07/13/2010 290 SEALED RESPONSE by Carrie Marie Neighbors re 285 SEALED MOTION re: Exam
(Sealed User YH, ) (Entered: 07/13/2010)
07/15/2010 291 DISREGARD ENTRY - FILED IN ERROR. SEE 294 FOR CORRECT ENTRY.
SEALED MOTION for Leave to File Under Seal by USA as to Carrie Marie
Neighbors. (Attachments: # 1 response)(Parker, Marietta) (Entered: 07/15/2010)
07/15/2010 292 SEALED MOTION for Leave to File Under Seal by USA as to Guy M. Neighbors.
(Attachments: # 1 response)(Parker, Marietta) (Entered: 07/15/2010)
order for Judicial clerks oversight of mailings and change of address (Parker, Marietta)
(Entered: 07/16/2010)
07/16/2010 295 SEALED RESPONSE by USA as to Guy M. Neighbors re 286 SEALED MOTION
Dismiss Complaint/Case, 151 MOTION to Dismiss Complaint/Case. (mm) (Entered:
07/19/2010)
07/21/2010 (Court only) ***Motions terminated as to Carrie Marie Neighbors: 279 SEALED
MOTION for Leave to File Under Seal filed by Guy M. Neighbors granted in 283
Order on 7/12/2010. (jw) (Entered: 07/21/2010)
07/21/2010 297 ORDER denying, in part as moot, and in part on the merits, 287 Motion for Order as to
Carrie Marie Neighbors (1); denying 294 Motion for Order Directing the Defendant to
Provide and Electronic Mailing Address for Service of Pleadings, although the relief
requested may be granted if defendant consents in writing to service by email. See order
for further details. Signed by District Judge Carlos Murguia on 7/21/2010. (jw)
(Entered: 07/21/2010)
07/21/2010 298 ORDER granting 284 Sealed Motion as to Carrie Marie Neighbors (1). The government
shall ensure that Dr. Lucking is available to testify by telephone during the hearing on
July 27. See order for further details. Signed by District Judge Carlos Murguia on
7/21/2010. (jw) (Entered: 07/21/2010)
07/22/2010 299 NOTICE OF HEARING ON MOTION as to Guy M. Neighbors 286 SEALED
MOTION: Motion Hearing set for 7/28/2010 at 01:30 PM in Courtroom 463 (CM)
before District Judge Carlos Murguia. If after further conversations by the parties with
the witness, Dr. Lucking, it appears that he would be unavailable to appear by phone for
this hearing, the court will reschedule the hearing if necessary. (This is a TEXT ENTRY
07/22/2010)
07/23/2010 300 SEALED MOTION for Leave to File Under Seal by Guy M. Neighbors. (Attachments:
# 1 Exhibit A)(Pilate, Cheryl) (Entered: 07/23/2010)
07/26/2010 303 NOTICE OF APPEAL (Interlocutory) by Carrie Marie Neighbors re 297 Order on
Motion for Order, 298 Order on Sealed Motion. (kao) (Entered: 07/26/2010)
07/26/2010 304 MOTION for order to stay proceedings until resolution of interlocutory appeal by
Carrie Marie Neighbors. (kao) (Entered: 07/26/2010)
07/26/2010 305 MOTION for order Certification that Defendant's Interlocutory Appeal is Frivolous by
USA as to Carrie Marie Neighbors. (Parker, Marietta) (Entered: 07/26/2010)
07/26/2010 306 SEALED MOTION for Leave to File Under Seal by Guy M. Neighbors. (Attachments:
# 1 Proposed Sealed Document, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit
D, # 6 Exhibit E, # 7 Exhibit F)(Pilate, Cheryl) (Entered: 07/26/2010)
07/27/2010 (Court only) Motions No Longer Referred as to Guy M. Neighbors: 306 SEALED
MOTION for Leave to File Under Seal (ah) (Entered: 07/27/2010)
07/27/2010 307 PRELIMINARY RECORD ON APPEAL transmitted to 10CCA as to Carrie Marie
Neighbors re 303 Notice of Appeal - Interlocutory. (Preliminary Record containing
sealed documents transmitted via email) (kao) (Entered: 07/27/2010)
07/27/2010 308 APPEAL DOCKETED in 10CCA on 7/27/10 and assigned Appeal No. 10-3185 re 303
Notice of Appeal - Interlocutory filed by Carrie Marie Neighbors. (kao) (Entered:
07/27/2010)
MOTION HEARING as to Carrie Marie Neighbors held on 7/27/2010 re 305 MOTION
for order Certification that Defendant's Interlocutory Appeal is Frivolous filed by USA,
304 MOTION for order to stay proceedings until resolution of interlocutory appeal filed
by Carrie Marie Neighbors, Doc. 285 SEALED MOTION filed by USA. Marietta
Parker and Terra Morehead appeared on behalf of the government. Carrie Neighbors
appeared pro se with standby counsel, John Duma. The government called the following
witnesses who appeared either in person or by phone: Dr. Robert J. Lucking (phone),
Cheryl Pilate (in person), Bret Landrith (in person), David Price (in person) and Denny
Conway (in person). The court granted the government's 305 MOTION for order
Certification that Defendant's Interlocutory Appeal is Frivolous, denied defendant's 304
MOTION for order to stay proceedings until resolution of interlocutory appeal and took
under advisement Doc. 285 SEALED MOTION. The court set the date of July 30, 2010
for defendant's evaluation physician to let the parties know whether she can review the
recent materials, and if so, her findings are due by August 17, 2010. A hearing on any
motions remaining is set for August 20, 2010 at 9:00 a.m. Defendant to remain on bond.
(Court Reporter Nancy Wiss.) (This is a TEXT ENTRY ONLY. There is no.pdf
07/28/2010 310 ORDER denying 304 Motion for Order as to Carrie Marie Neighbors (1); granting 305
Motion for Order as to Carrie Marie Neighbors (1). Taken under advisement Motion
285 . Motion hearing set for 8/20/10 at 9:00 a.m. Signed by District Judge Carlos
Murguia on 7/28/10. (mm) (Entered: 07/29/2010)
07/28/2010 (Court only) Set/Reset Hearings as to Carrie Marie Neighbors: Motion Hearing set
Murguia. (mm) (Entered: 07/29/2010)
MOTION HEARING as to Guy M. Neighbors held on 7/28/2010 re Doc. 302 SEALED
MOTION filed by Guy M. Neighbors, Doc. 286 SEALED MOTION filed by Guy M.
Neighbors. Marietta Parker appeared on behalf of the government. Defendant appeared
in person and through counsel, Cheryl Pilate. Defendant advised of his rights. The
government called Dr. Robert J. Lucking to testify via telephone. The court granted
Doc. 302 Sealed Motion and denied as moot Doc. 286 Sealed Motion. A detailed
written order will follow. Defendant remanded to custody. (Court Reporter Nancy
entry.) (jw) (Entered: 07/30/2010)
07/29/2010 311 MOTION for transcripts of 7/27/10 hearing and all sealed and or filed documents or
orders by Carrie Marie Neighbors. (mm) (Entered: 07/29/2010)
07/29/2010 312 NOTICE OF APPEAL (Interlocutory) by Carrie Marie Neighbors re 310 Order on
Motion for Order, 298 Order on Sealed Motion. (kao) (Entered: 07/29/2010)
07/29/2010 313 MOTION for order to stay proceedings until resolution of interlocutory appeal by
07/29/2010 314 SEALED ORDER from 10CCA DISMISSING 303 Notice of Appeal. (Attachment: # 1
Transmittal Letter) (kao) (Entered: 07/30/2010)
07/30/2010 (Court only) ***Appeal Terminated per 7/29/10 Order from 10CCA re 303 Notice of
Appeal - Interlocutory filed by Carrie Marie Neighbors. (kao) (Entered: 07/30/2010)
Neighbors re 312 Notice of Appeal - Interlocutory. (Preliminary Record containing
sealed documents transmitted via email) (kao) (Entered: 07/30/2010)
07/30/2010 317 RESPONSE TO MOTION by USA as to Carrie Marie Neighbors re 311 MOTION
07/30/2010 318 APPEAL DOCKETED in 10CCA on 7/30/10 and assigned Appeal No. 10-3188 re 312
Notice of Appeal - Interlocutory filed by Carrie Marie Neighbors. (kao) (Entered:
07/30/2010)
08/02/2010 319 MOTION for Writ of Habeas Corpus ad testificandum by USA as to Carrie Marie
Neighbors, Guy M. Neighbors. (Parker, Marietta) (Entered: 08/02/2010)
08/03/2010 320 WRIT OF HABEAS CORPUS AD TESTIFICANDUM ISSUED as to Michael

Aldridge for 9/7/10 in case as to Carrie Marie Neighbors, Guy M. Neighbors. Copy
delivered to USM. (mm) (Entered: 08/03/2010)
08/03/2010 321 ORDER granting 319 Motion for Writ of Habeas Corpus ad testificandum. Signed by
District Judge Carlos Murguia on 8/3/10. (mm) (Entered: 08/03/2010)

Neighbors: 319 MOTION for Writ of Habeas Corpus ad testificandum filed by
USA, granted by 321 on 8/3/2010. (jw) (Entered: 08/03/2010)
08/03/2010 323 OBJECTION(S) to any further delays by Carrie Neighbors. (mm) (Entered:
08/03/2010)
08/03/2010 324 SEALED ORDER granting 286 Sealed Motion as to Guy M. Neighbors (2); granting
302 Sealed Motion as to Guy M. Neighbors (2) Signed by District Judge Carlos
Murguia on 8/3/10. (mm) (Entered: 08/03/2010)
08/03/2010 325 SEALED MOTION by Guy M. Neighbors. (Attachments: # 1 Exhibit A, # 2 Exhibit B,
# 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Pilate, Cheryl) (Entered:
08/03/2010)
08/03/2010 326 ORDER of 10CCA DISMISSING APPEAL as to Carrie Marie Neighbors re 312 Notice
of Appeal. (Appeal No. 10-3188) (kao) (Entered: 08/04/2010)
08/06/2010 327 CERTIFIED MAIL RECEIPT returned re 297 Order on Motion for Order, 298 Order
on Sealed Motion, addressed to Carrie Marie Neighbors. Signed for by Carrie
Neighbors, not dated. (jw) (Entered: 08/06/2010)
08/09/2010 328 (Pro Se) SEALED Notice of Appeal by Guy M. Neighbors as to 315 and 324 Orders
granting 302 Motion. (Attachment: # 1 Exhibit) (kao) (Entered: 08/10/2010)
08/09/2010 329 NOTICE OF APPEAL (Interlocutory) by Guy M. Neighbors. See docket entry 328 for
documents. This entry is for statistical purposes only; all filings regarding this notice of
appeal should reference only document 328. (THIS IS A TEXT ENTRY ONLY) (kao)
(Entered: 08/10/2010)
08/09/2010 331 MOTION to dismiss any and all motions or pleadings filed under seal by defendant's
counsel for failure to serve the proper parties by Carrie Marie Neighbors. (yh) (Entered:
08/10/2010)
08/09/2010 332 MOTION for Reconsideration re 319 MOTION for Writ of Habeas Corpus ad
testificandum filed by USA, 321 Order on Motion for Writ of Habeas Corpus ad
testificandum by Carrie Marie Neighbors. (yh) (Entered: 08/10/2010)
08/10/2010 330 PRELIMINARY RECORD ON APPEAL transmitted to 10CCA as to Guy M.
Neighbors re 328 Sealed Notice of Appeal. Preliminary record transmitted via email.
(kao) (Entered: 08/10/2010)
08/10/2010 333 MOTION for Emergency Hearing by Carrie Marie Neighbors. (yh) (Entered:
08/10/2010)
08/10/2010 334 ORDER denying as moot 313 Motion for Order as to Carrie Marie Neighbors (1). The
appeal has been dismissed. Signed by District Judge Carlos Murguia on 8/10/2010.
(jw) (Entered: 08/10/2010)
08/10/2010 335 ORDER denying 333 Emergency Motion for Jurisdictional Hearing as to Carrie Marie
Neighbors (1). Signed by District Judge Carlos Murguia on 8/10/2010. (jw) (Entered:
08/10/2010)
08/10/2010 336 ORDER denying 331 Motion for Order as to Carrie Marie Neighbors (1); denying 332
Motion for Reconsideration as to Carrie Marie Neighbors (1). This morning, defendant
Carrie Neighbors filed several motions in these pending cases. She filed a Motion to
Dismiss Any and All Motions or Pleadings Filed Under Seal by Defendant (2)'s
Counsel for Failure to Serve the Proper Parties (Doc. 228 in Case No. 07-20073; Doc.
331 in Case No. 07-20124; and Doc. 181 in Case No. 08-20105). She also filed a
Motion to Reconsider the Order Granting the Writ of Habeas Corpus Ad Testificandum
[Doc 319] (Doc. 332 in Case No. 07-20124). Defendant's motions lack merit and are
denied without any further discussion. These cases are scheduled for hearing next week
on a number of motions. The parties are cautioned to use discretion when filing motions
between now and the time of the hearing. If additional meritless motions are filed, the
court is likely to deny them without discussion. The court has an interest in preserving
the effective use of judicial resources, and the continued filing of meritless motions
undermines that interest. Signed by District Judge Carlos Murguia on 8/10/2010. (This
(Entered: 08/10/2010)
08/10/2010 337 APPEAL DOCKETED in 10CCA on 8/10/2010 and assigned Appeal No. 10-3202 re
329 Notice of Appeal filed by Guy M. Neighbors. (kao) (Entered: 08/11/2010)
08/11/2010 338 ORDER denying as moot 311 Motion for Order as to Carrie Marie Neighbors (1). The
requests contained in the documents requested appear to pertain to the appeal filed by
defendant Carrie Neighbors that has been dismissed by the Tenth Circuit. These
motions may be refiled at a later time if necessary. Signed by District Judge Carlos
08/11/2010 339 ORDER granting Motion for Leave to File Sealed Pleadings on Stand-by Counsel for
Co-Defendant Carrie Neighbors (Doc. 325) as to Guy S. Neighbors. Signed by District
Judge Carlos Murguia on 8/11/2010. (jw) (Entered: 08/11/2010)

Neighbors: 325 SEALED MOTION filed by Guy M. Neighbors pursuant to order
filed on 8/11/2010. (jw) (Entered: 08/11/2010)
08/12/2010 340 MOTION for Marshal's to provide service of subpoenas for August 20th hearing by
08/12/2010 341 ORDER certifying appeal as frivolous (Docs. 328 & 329) as to Guy S. Neighbors.
Signed by District Judge Carlos Murguia on 8/12/2010. (jw) (Entered: 08/12/2010)
08/13/2010 342 MOTION to Sever Defendant by USA as to Carrie Marie Neighbors. (Attachments: # 1
U.S. v. Gagan, 95 Fed.Appx. 941, 2004 WL 848602)(Parker, Marietta) (Entered:
08/13/2010)
08/17/2010 343 ORDER denying 340 Motion for Subpoena as to Carrie Marie Neighbors (1). Signed by
District Judge Carlos Murguia on 8/17/10. (cc: Carrie Neighbors) (yh) (Entered:
08/17/2010)
MOTION HEARING as to Carrie Marie Neighbors held on 8/20/2010 re outstanding
pretrial motions. Marietta Parker and Terra Morehead appeared on behalf of the
government. Defendant appeared in person and with standby counsel, John Duma. The
government offered the following witnesses: Micky Rantz, Jay Bialek and David Nitz.
Exhibit sheet attached. The court will rule on the motions at the Motion Hearing set for
Defendant to remain on bond. (Court Reporter Nancy Wiss.) (jw) (yh). (Entered:
08/23/2010)
08/22/2010 344 (Ex Parte) EX PARTE CJA FEE MATTER MOTION by Guy M. Neighbors.
(Attachments: # 1 Exhibit A, # 2 Exhibit B)(Pilate, Cheryl) (Entered: 08/22/2010)
08/23/2010 (Court only) Motions No Longer Referred as to Guy M. Neighbors: 344 EX PARTE
CJA FEE MATTER MOTION (kg) (Entered: 08/23/2010)
MOTION HEARING as to Carrie Marie Neighbors held on 8/23/2010. Marietta Parker
and Terra Morehead appeared on behalf of the government. Defendant appeared in

person and with standby counsel, John Duma. Defendant advised of her rights. For the
reasons set forth on the record in the hearing, the court made the following rulings
pertaining to Carrie Neighbors only: granting United States' Motion for Severance Filed
Pursuant to F. R. Crim. P. 14 (Docs. 238 in 07-20073, 342 in 07-20124, 191 in 08-
20105), denying United States Third Motion for Mental Examination Pursuant to Title
18, United States Code, Section 4241 (Docs. 184 in 07-20073, 285 in 07-20124, 139 in
08-20105), denying Defendant 1 's Amended Motion to Dismiss (Docs. 141 in 07-
20073, 240 in 07-20124, 98 in 08-20105), denying as moot Defendant 1 's Motion to
Dismiss Case No: 07-20073-CM With Prejudice (Doc. 132 in 07-20073), denying
Defendant's Joint Motion to Dismiss Forfeiture Allegation II of Second Superseding
Indictment (Doc. 191 in 07-20124), granting in part and denying in part Defendant's
Joint Motion in Limine and Memorandum in Support (Doc. 189 in 07-20124), granting
in part and denying in part Defendant's Joint Motion in Limine and Memorandum in
Support (Docs. 114 in 07-20073, 68 in 08-20105), granting Unites States Motion in
Limine (Doc. 198 in 07-20124), granting in part and denying in part Defendants' Joint
Motion for Discovery of Exculpatory and Impeaching Information Under Brady v.
Maryland and for Discovery Under Rule 16 (Docs. 113 in 07-20073, 188 in 07-20124,
67 in 08-20105), denying Defendants' Join Motion for Discovery of All Information in
the Possession of the Lawrence Police Department and the United States Pertaining to
Annette Miller (Docs. 192 in 07-20124, 69 in 08-20105), denying Defendant's Joint
Motion to Suppress Evidence (Doc. 190 in 07-20124), denying Defendants' Joint
Motion to Suppress and for Hearing Concerning Violation of Massiah v. United States
(Doc. 70 in 08-20105), denying Defendant 1 's Motion to Dismiss Counsels Proffer on
08/25/09 (Docs. 127 in 07-20073, 225 in 07-20124, 85 in 08-20105), denying without
prejudice Defendant 1 's Motion to Dismiss Any and All Evidence (Docs. 128 in 07-
20073, 226 in 07-20124, 86 in 08-20105), denying Defendant 1 's Motion to Exclude
Witnesses (Docs. 129 in 07-20073, 227 in 07-20124, 87 in 08-20105), denying Motion
to Quash or Strike Defendant 1 's Proffer (Docs. 130 in 07-20073, 228 in 07-20124, 88
in 08-20105), denying as moot Defendant 1 's Motion to Turn Over Any and All
Government Evidence, Or Personal Property Seized, Pursuant to the Bates System, In
Which is Not Related to This Cause of Action (Docs. 131 in 07-20073, 229 in 07-
20124, 89 in 08-20105), denying Defendant 1 's Motion for an Evidentiary Hearing
(Docs. 133 in 07-20073, 230 in 07-20124, 90 in 08-20105), denying Defendant 1 's
Request for Written Transcripts (in their entirety) In Camera of Any and All Interviews
with Any and All Witnesses (Docs. 135 in 07-20073, 232 in 07-20124, 92 in 08-20105),
and denying Defendant 1 's Motion for Reconsideration of Oral Order Given on
05/24/2010 As Well As Exceptions and Objections (Docs. 140 in 07-20073, 239 in 07-
20124, 97 in 08-20105). Order memorializing ruling to follow. The court finds that the
continuance outweighs the best interests of the public and the defendants right to a
speedy trial under 18 U.S.C. § 3161(h)(1)(A). The court orders that the delay resulting
from these proceedings shall be excluded, specifically the time period from August 23,
2010 through the date that the final case set for trial, 08-20105, begins shall be excluded
under speedy trial calculations. A jury trial is scheduled to commence in 07-20073 on
Tuesday, September 7, 2010 at 9:00 a.m. A jury trial is scheduled to commence in 07-
20124 on Monday, September 13, 2010. A jury trial is scheduled to commence in 08-
20105 at the conclusion of the jury trial in 07-20124. Defendant to remain on bond.
(Court Reporter Becky Ryder.) (This is a TEXT ENTRY ONLY. There is no.pdf
08/23/2010 347 ORDER denying 239 Motion for Reconsideration as to Carrie Marie Neighbors (1);
denying 240 Motion to Dismiss Complaint/Case as to Carrie Marie Neighbors (1);
granting 342 Motion to Sever Defendant as to Carrie Marie Neighbors (1); granting in
part and denying in part 189 Motion in Limine as to Carrie Marie Neighbors (1);
denying 190 Motion to Suppress as to Carrie Marie Neighbors (1); denying 191 Motion
to Dismiss Counts as to Carrie Marie Neighbors (1); denying 192 Motion for Discovery
as to Carrie Marie Neighbors (1); granting 198 Motion in Limine as to Carrie Marie
Neighbors (1); denying 225 Motion to Strike as to Carrie Marie Neighbors (1); denying
226 Motion to Exclude as to Carrie Marie Neighbors (1); denying 227 Motion to
Exclude as to Carrie Marie Neighbors (1); denying 228 Motion to Strike as to Carrie
Marie Neighbors (1); finding as moot 229 Motion for Return of Property as to Carrie
Marie Neighbors (1); denying 230 Motion for Hearing as to Carrie Marie Neighbors (1)
( Jury Trial set for 9/13/2010 at 09:00 AM in Courtroom 463 (CM) before District
Judge Carlos Murguia.); denying 232 Motion for Order as to Carrie Marie Neighbors
(1) Signed by District Judge Carlos Murguia on 8/23/10. (yh) (Entered: 08/23/2010)
08/23/2010 (Court only) ***Motions terminated as to Carrie Marie Neighbors: 285 SEALED
MOTION filed by USA re: Order denying motion. (Sealed User YH, ) (Entered:
08/24/2010)
08/25/2010 348 RULE 404(b) NOTICE by USA as to Carrie Marie Neighbors (Parker, Marietta)
(Entered: 08/25/2010)
08/26/2010 349 WAIVER OF RIGHT TO SELF REPRESENTATION and MOTION For Re-
Appointment of Counsel by Carrie Marie Neighbors. (Duma, John) (Motion title
modified on 8/27/2010. (mg)) (Entered: 08/26/2010)
08/27/2010 350 ORDER granting 349 WAIVER OF RIGHT TO SELF REPRESENTATION and
MOTION For Re-Appointment of Counsel as to Carrie Neighbors (2). Attorney John
M. Duma is hereby re-appointed as counsel for defendant Carrie Neighbors. Signed by
District Judge Carlos Murguia on 08/27/2010. (This is a TEXT ENTRY ONLY. There
is no.pdf document associated with this entry.) (mg) (Entered: 08/27/2010)
08/27/2010 NOTICE Regarding Pro Se Mailing: Document 350 Order on Motion to Re-Appoint
Counsel, mailed on 8/27/2010 to pro se party Carrie Neighbors. (mg (Entered:
08/27/2010)
08/31/2010 351 ORDER granting 344 Ex Parte CJA Fee Matter Motion as to Guy M. Neighbors (2)
08/31/2010 352 CJA 20 as to Guy M. Neighbors: Appointment of Attorney Mark Bennett, Jr. Signed by
District Judge Carlos Murguia on 8/31/2010. (yh) (Entered: 08/31/2010)
09/02/2010 353 NOTICE OF HEARING as to Defendant Carrie Marie Neighbors. Jury Trial set for
(jw) (Entered: 09/02/2010)
M. Neighbors: trial previously set for 9/7/2010 cancelled, and rescheduled as to
Carrie Neighbors for 9/13/2010. (jw) (Entered: 09/02/2010)
09/08/2010 354 EXHIBIT LIST by USA as to Carrie Marie Neighbors (Parker, Marietta) (Entered:
09/08/2010)
09/08/2010 355 WITNESS LIST by USA as to Carrie Marie Neighbors (Parker, Marietta) (Entered:
09/08/2010)
09/09/2010 356 ENTRY OF APPEARANCE on behalf of USA by Donald Christopher Oakley (Oakley,
Donald) (Entered: 09/09/2010)
09/09/2010 357 TRIAL BRIEF by USA as to Carrie Marie Neighbors (Parker, Marietta) (Entered:
09/09/2010)
09/11/2010 358 WITNESS & EXHIBIT LIST by Carrie Marie Neighbors (Duma, John) (Entered:
09/11/2010)
09/13/2010 359 EXHIBIT LIST by USA as to Carrie Marie Neighbors (Parker, Marietta) (Entered:
09/13/2010)
09/13/2010 360 INDEX OF EXHIBITS by USA as to Carrie Marie Neighbors (Parker, Marietta)
(Entered: 09/13/2010)
09/13/2010 361 PROPOSED JURY INSTRUCTIONS by USA as to Carrie Marie Neighbors (Parker,
09/13/2010 362 MINUTE SHEET for jury trial proceedings held before District Judge Carlos Murguia:
VOIR DIRE held on 9/13/2010 as to defendant Carrie Marie Neighbors. (Court
associated with this entry. ENTERED FOR STATISTICAL PURPOSES ONLY.) (jw)
(Entered: 09/14/2010)
09/14/2010 363 MINUTE SHEET for jury trial proceedings held before District Judge Carlos Murguia
as to defendant Carrie Marie Neighbors 9/14/2010. (Court Reporter Nancy Wiss.) (This
is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.
ENTERED FOR STATISTICAL PURPOSES ONLY.) (jw) (Entered: 09/15/2010)
as to defendant Carrie Marie Neighbors on 9/15/2010. (Court Reporter Nancy Wiss.)
(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.
ENTERED FOR STATISTICAL PURPOSES ONLY. ) (jw) (Entered: 09/16/2010)
09/17/2010 368 MOTION to (Dismiss) Disqualify Counsel for ineffective counsel by Guy M.
Neighbors. (yh) (Entered: 09/20/2010)
09/20/2010 366 PROPOSED JURY INSTRUCTIONS by Carrie Marie Neighbors (Duma, John)
(Entered: 09/20/2010)
09/20/2010 369 TRANSCRIPT ORDER FORM: Transcript Requested Competency Hearing on
6/23/2010 re 329 Notice of Appeal - Interlocutory, filed by Guy M. Neighbors (Pilate,
09/20/2010 370 DESIGNATION OF RECORD ON APPEAL by Guy M. Neighbors re 329 Notice of

Appeal - Interlocutory, ( Appeal No. 10-3202) (Attachments: # 1 Appendix)(Pilate,
09/22/2010 372 TRANSCRIPT ORDER FORM by Court Reporter Nancy B Wiss ordering transcripts
of Competency Hearing of 6/23/10 re 329 Notice of Appeal - Interlocutory, filed by
Guy M. Neighbors ( Appeal No. 10-3202) Transcript due by 10/22/2010. (nw)
(Additional attachment(s) added on 9/23/2010: # 1 Legible copy) (kao). (Entered:
09/22/2010)
09/22/2010 374 TRANSCRIPT ORDER FORM: Transcript Requested Competency Proceedings on
July 28, 2010 re 329 Notice of Appeal - Interlocutory, filed by Guy M. Neighbors
09/22/2010 375 TRANSCRIPT ORDER FORM by Court Reporter Nancy B Wiss ordering transcripts
of Competency Hearing of 7/28/10 re 329 Notice of Appeal - Interlocutory, filed by
Guy M. Neighbors ( Appeal No. 10-3202) Transcript due by 10/22/2010. (nw)
(Additional attachment(s) added on 9/23/2010: # 1 Legible copy) (kao). (Entered:

09/22/2010)
09/22/2010 (Court only) Motions No Longer Referred as to Guy M. Neighbors: 368 MOTION
to Disqualify Counsel (ah) (Entered: 09/22/2010)
09/22/2010 376 ENTIRE MINUTE ENTRY for jury trial proceedings held before District Judge Carlos
Murguia as to defendant Carrie Marie Neighbors which began on 9/13/2010 and was
completed on 9/22/2010. Jury/peremptory sheet and witness sheet attached.
Government exhibit sheet filed under separate docket number. Defendant is found
guilty of counts 1, 3-9, 11-18 of the Second Superseding Indictment. Defendant to
remain on bond. The government requested the defendant be placed in custody. The
court took the matter, in addition to the forfeiture allegation under advisement and will
address at a hearing for a date to be determined by the court. Sentencing set for
1/3/2011 at 9:00 a.m. (Court Reporter Nancy Wiss.) (jw) (Additional attachment(s)
added on 9/23/2010: # 1 Exhibit Corrected Minute Sheet) (yh). (Entered: 09/22/2010)
09/22/2010 377 EXHIBIT LIST by USA as to defendant Carrie Marie Neighbors. (jw) (Entered:
09/22/2010)
09/22/2010 378 JURY INSTRUCTIONS as to defendant Carrie Marie Neighbors. (jw) (Entered:
09/22/2010)
09/22/2010 379 JURY VERDICT as to Carrie Marie Neighbors (1) Guilty on Count 1ss, 3ss-9ss, 11ss-
19ss. (jw) (Entered: 09/22/2010)
09/22/2010 380 RECEIPT for govt exhibits from jury trial which began on 9/13/2010 as to defendant
Carrie Marie Neighbors pursuant to D. Kan. Rule 79.3. (jw) (Entered: 09/22/2010)
09/22/2010 381 NOTICE OF HEARING as to Defendant Carrie Marie Neighbors. Sentencing set for
(jw) (Entered: 09/22/2010)
09/22/2010 382 ORDER of 10CCA as to Guy M. Neighbors re 329 Notice of Appeal - Interlocutory.
The unopposed motion by Appellant-Defendant Guy Neighbors to consolidate these
criminal appeals is GRANTED. The appeals are consolidated for procedural purposes
only. (Appeal No. 10-3202) (kao) (Entered: 09/23/2010)
09/23/2010 383 NOTICE OF HEARING as to Defendant Carrie Marie Neighbors. Bond Revocation
Hearing set for 9/28/2010 at 09:00 AM in Courtroom 463 (CM) before District Judge
09/23/2010 384 SEALED TRANSCRIPT of Competency Hearing held 6/23/10 as to Guy M. Neighbors
before Judge Carlos Murguia, Court Reporter Nancy B Wiss, Telephone number 913-
735-2354. Transcript purchased by: Cheryl Pilate.

12/22/2010. (nw) (Entered: 09/23/2010)
09/23/2010 385 SEALED TRANSCRIPT of Competency Hearing held 7/28/10 as to Guy M. Neighbors
before Judge Carlos Murguia, Court Reporter Nancy B Wiss, Telephone number 913-
735-2354. Transcript purchased by: Cheryl Pilate.

12/22/2010. (nw) (Entered: 09/23/2010)
09/23/2010 386 NOTICE OF APPEAL TO 10CCA by Carrie Marie Neighbors re 379 JURY
VERDICT. (kao) (Entered: 09/23/2010)
09/23/2010 387 TRANSCRIPT ORDER FORM: Requesting Transcripts of Hearing of 8/23/2010; Trial
of 9/13-22/2010 re 386 Notice of Appeal filed by Carrie Marie Neighbors. (kao)
(Entered: 09/23/2010)
Neighbors re 386 Notice of Appeal. (Attachment: # 1 Preliminary Record)(kao)
(Entered: 09/23/2010)
09/23/2010 390 MOTION for Leave to File a Second or Successive Motion to Vacate, Set Aside or
Correct Sentence under 28 U.S.C. 2255 by a Prisoner in Federal Custody. by Carrie
09/24/2010 389 APPEAL DOCKETED in 10CCA on 9/24/2010 and assigned Appeal No. 10-3243 re
386 Notice of Appeal filed by Carrie Marie Neighbors. (kao) (Entered: 09/24/2010)
09/24/2010 391 ORDER of 10CCA as to Carrie Marie Neighbors re 386 Notice of Appeal. This
criminal appeal is ABATED pending sentencing of Defendant Carrie Neighbors by the
district court. By December 1, 2010, counsel for the parties must file Status Reports
advising the court as to the status of Defendant Carrie Neighbors sentencing. Once
Defendant has been sentenced, counsel are requested to immediately notify this court.
Upon such notification, this court will vacate the abatement and instruct counsel as to
further requirements. (Appeal No. 10-3243) (kao) (Entered: 09/24/2010)
09/27/2010 392 RECORD ON APPEAL transmitted to 10CCA via email as to Guy M. Neighbors
(Volumes I-III) re 329 Notice of Appeal. (Appeal No. 10-3202) (kao) (Entered:
09/27/2010)
09/27/2010 393 MOTION for New Trial and motion for acquittal by Carrie Marie Neighbors. (Duma,
John) (Entered: 09/27/2010)
09/27/2010 394 ORDER of 10CCA as to Guy M. Neighbors. Cheryl A. Pilate is appointed as attorney
of record to represent the appellant, Guy M. Neighbors. This appointment is effective
nunc pro tunc to the date the notice of appeal was filed in this matter. (Appeal No. 10-
3202) (kao) (Entered: 09/27/2010)
09/28/2010 395 MINUTE ENTRY for proceedings held before District Judge Carlos Murguia: BOND
REVOCATION HEARING as to Carrie Marie Neighbors held on 9/28/2010. Marietta
Parker and Chris Oakley appeared on behalf of the government. Defendant appeared in
person and through counsel, John Duma. Defendant advised of her rights. After further
argument, and the introduction of exhibits A, B, C and D, the court granted the
government's oral motion for detention pending sentencing. Defendant remanded to
custody. (Court Reporter Nancy Wiss.) (This is a TEXT ENTRY ONLY. There is

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Appellate Case: 10-3251 Document: 01018508096 Date Filed: 10/01/2010 Page: 1

Motion/or Leave to File a Second'iWcLEF:;/{ '''-'"

Case Number: CR-20124 CM

Name: Carrie Neighbors

Jurisdiction of Appeal: FRAP Rule 4(b)(1)

(b) Case number: _----"C=r-=-2::..;;0...:;.1=.24_=___

2. Date ofjudgment of conviction 09/22/2010, Guilty plea_ _ _Jury verdict: X

3. Length of sentence _ _ _ _ _ _ Sentencing Judge: Carlos Murguia

4. Nature of offense for which you were convicted: Criminal

5. Did you appeal the conviction and sentence? YES ( ) NO (X )

6. If you appealed, name of court, result, date ofresult:_ _ _ _ _ _ _ _ _ __

(If more than one, complete 8 and 9 below as necessary.)

(c ) Nature of proceeding: criminal

(e) Did you receive an evidentiary hearing on your motion? YES () NO ( X)

(f) Result: Denied

(g) Date of result: _ _---:1_--..:120 I 0

8. As to any second federal motion, give the same infonnation:

(b) Case number: 07-20t24-CM

(c) Nature of proceeding : Criminal

(1) First Motion NO (X) YES( ) Appeal No. _ _ _ _ _ __

Was this claim raised in a prior motion? YES (X) NO( )

Does this claim rely on a "new rule oflaw?" YES () NO ( X)

Does this claim rely on "newly discovered evidence?" YES ( X) NO( )

B.Ground Two: Speedy Trial Act.

Was this claim raised in a prior motion? YES (X) NO( )

Does this claim rely on a "new rule of law?" YES ( ) NO (X)

Does this claim rely on "newly discovered evidence?" YES ( ) NO ( X)

Additional grounds may be asserted on additional pages if necessary.

C. Ground Three Suppression of Witnesses: Allowed individuals to testifY for deals

Nature of proceeding: Criminal

D. Facts of the Case did not Support the Findings or Judgment.

E. Jury Instructions were at the least misleading and confusing.

Grounds raised: All of the above mentioned.

[Pursuant to KSA 60-205]

On this 23,rd day of sept 2010.

Appellate Case: 10-3251 Document: 01018508097 Date Filed: 10/01/2010 Page: 1

U.S. District Court

Case title: USA v. Neighbors et al Date Filed: 09/13/2007

Assigned to: District Judge Carlos Murguia

Appellate Case: 10-3251 Document: 01018508097 Date Filed: 10/01/2010 Page: 2

Pending Counts Disposition

18:1956 Attempted laundering of monetary

Appellate Case: 10-3251 Document: 01018508097 Date Filed: 10/01/2010 Page: 3

Highest Offense Level (Opening)

Terminated Counts Disposition

Highest Offense Level (Terminated)

Assigned to: District Judge Carlos Murguia

Mark L. Bennett , Jr.

Pending Counts Disposition

Appellate Case: 10-3251 Document: 01018508097 Date Filed: 10/01/2010 Page: 4

18:371 Conspiracy to Commit Offense or to

Highest Offense Level (Opening)

Terminated Counts Disposition

Highest Offense Level (Terminated)

Appellate Case: 10-3251 Document: 01018508097 Date Filed: 10/01/2010 Page: 5

Date Filed # Docket Text

09/20/2007 4 CJA 23 FINANCIAL AFFIDAVIT by Defendant Carrie Marie Neighbors. (NOTE:

Appellate Case: 10-3251 Document: 01018508097 Date Filed: 10/01/2010 Page: 6

released on $25,000.00 unsecured bond. Signed by Magistrate Judge Gerald L. Rushfelt

09/20/2007 6 APPEARANCE BOND Posted as to Carrie Marie Neighbors. (mg) (Entered:

09/20/2007 10 APPEARANCE BOND Posted as to Guy Madison Neighbors. (mg) (Entered:

09/20/2007 15 CJA 20 as to Carrie Marie Neighbors: Appointment of Attorney Phillip R. Gibson.

09/20/2007 16 CJA 20 as to Guy Madison Neighbors: Appointment of Attorney Dionne Scherff.