APPEAL , CLOSED , M/IFP

U.S. District Court
Northern District of Texas (Lubbock)
CRIMINAL DOCKET FOR CASE #: 5:12-cr-00078-C-BG All Defendants


Case title: USA v. Gunselman et al
Magistrate judge case number: 5:12-mj-00089-BG

Date Filed: 08/08/2012
Date Terminated: 03/29/2013
Assigned to: Judge Sam R Cummings
Appeals court case number: 13-10409 USCA Fifth Circuit

Defendant (1)
Jeffrey David Gunselman
Individually
TERMINATED: 03/29/2013
doing business as
Absolute Fuels, LLC
TERMINATED: 03/29/2013 		represented by Jeffrey David Gunselman
# 01056-380
BOP Bastrop FCI
PO Box 1010
Bastrop, TX 78602
PRO SE

Dan L Cogdell
Cogdell Law Firm, PLLC
402 Main Street, 4th Floor
Houston, TX 77002
713-426-2244
Fax: 713-426-2255
Email: dan@cogdell-law.com
TERMINATED: 04/14/2015
Designation: CJA Appointment
Bar Status: Admitted/In Good Standing

J Dennis Hester
Cogdell Law Firm PLLC
402 Main Street
4th Floor
Houston, TX 77002
713-426-2244
Email: dennis@cogdell-law.com
TERMINATED: 04/14/2015
Designation: Retained
Bar Status: Not Admitted

Pending Counts
Disposition
18:1343 Wire Fraud
(1-51) 		Imprisoned with BOP for 188 months; to run concurrently with each other. Sentence imposed to run consecutive to any sentence imposed in Case No. 2012-434,685, 137th District Court Lubbock County, Texas. Standard and Special Conditions of Release. Restitution - $54,973,137.50. Fine - $175,000.00. MSA - $7,900.00 for counts 1-79.
18:1957 Money Laundering
(52-75) 		Imprisoned with BOP for 120 months; to run concurrently with each other. Sentence imposed to run consecutive to any sentence imposed in Case No. 2012-434,685, 137th District Court Lubbock County, Texas. Standard and Special Conditions of Release. Restitution - $54,973,137.50. Fine - $175,000.00. MSA - $7,900.00 for counts 1-79.
42:7413(c)(2)(A) False Statement Under the Clean Air Act FORFEITURE NOTICE - 18:981(a)(1)(C) & 28:2461(c)
(76-79) 		Imprisoned with BOP for 24 months; to run concurrently with each other. Sentence imposed to run consecutive to any sentence imposed in Case No. 2012-434,685, 137th District Court Lubbock County, Texas. Standard and Special Conditions of Release. Restitution - $54,973,137.50. Fine - $175,000.00. MSA - $7,900.00 for counts 1-79.

Highest Offense Level (Opening)
Felony

Terminated Counts
Disposition
None

Highest Offense Level (Terminated)
None

Complaints
Disposition
18:1343 Wire Fraud
Assigned to: Judge Sam R Cummings
Referred to: Magistrate Judge Nancy M Koenig

Defendant (2)
Absolute Fuels, LLC
TERMINATED: 03/29/2013

Pending Counts
Disposition
None

Highest Offense Level (Opening)
None

Terminated Counts
Disposition
18:1343 Wire Fraud
(1-51) 		Dismissed on govt motion
18:1957 Money Laundering
(52-75) 		Dismissed on govt motion
42:7413(c)(2)(A) False Statement Under the Clean Air Act FORFEITURE NOTICE - 18:981(a)(1)(C) & 28:2461(c)
(76-79) 		Dismissed on govt motion

Highest Offense Level (Terminated)
Felony

Complaints
Disposition
None
Assigned to: Judge Sam R Cummings
Referred to: Magistrate Judge Nancy M Koenig

Defendant (3)
Absolute Milling, LLC
TERMINATED: 03/29/2013

Pending Counts
Disposition
18:1343 Wire Fraud
(1-51) 		Dismissed on govt motion
18:1857 Money Laundering
(52-75) 		Dismissed on govt motion
42:7413(c)(2)(A) False Statement Under the Clean Air Act FORFEITURE NOTICE - 18:981(a)(1)(C) & 28:2461(c)
(76-79) 		Dismissed on govt motion

Highest Offense Level (Opening)
Felony

Terminated Counts
Disposition
None

Highest Offense Level (Terminated)
None

Complaints
Disposition
None
Assigned to: Judge Sam R Cummings
Referred to: Magistrate Judge Nancy M Koenig

Defendant (4)
Ellipse Energy, LLC
TERMINATED: 03/29/2013

Pending Counts
Disposition
18:1343 Wire Fraud
(1-51) 		Dismissed on govt motion
18:1957 Money Laundering
(52-75) 		Dismissed on govt motion
42:7413(c)(2)(A) False Statement Under the Clean Air Act FORFEITURE NOTICE - 18:981(a)(1)(C) & 28:2461(c)
(76-79) 		Dismissed on govt motion

Highest Offense Level (Opening)
Felony

Terminated Counts
Disposition
None

Highest Offense Level (Terminated)
None

Complaints
Disposition
None
Assigned to: Judge Sam R Cummings
Referred to: Magistrate Judge Nancy M Koenig

Defendant (5)
21 Investments, LLC
TERMINATED: 03/29/2013

Pending Counts
Disposition
18:1343 Wire Fraud
(1-51) 		Dismissed on govt motion
18:1957 Money Laundering
(52-75) 		Dismissed on govt motion
42:7413(c)(2)(A) False Statement Under the Clean Air Act FORFEITURE NOTICE - 18:981(a)(1)(C) & 28:2461(c)
(76-79) 		Dismissed on govt motion

Highest Offense Level (Opening)
Felony

Terminated Counts
Disposition
None

Highest Offense Level (Terminated)
None

Complaints
Disposition
None
Assigned to: Judge Sam R Cummings
Referred to: Magistrate Judge Nancy M Koenig

Defendant (6)
YGOG Holdings, LLC
TERMINATED: 03/29/2013

Pending Counts
Disposition
18:1343 Wire Fraud
(1-51) 		Dismissed on govt motion
18:1957 Money Laundering
(52-75) 		Dismissed on govt motion
42:7413(c)(2)(A) False Statement Under the Clean Air Act FORFEITURE NOTICE - 18:981(a)(1)(C) & 28:2461(c)
(76-79) 		Dismissed on govt motion

Highest Offense Level (Opening)
Felony

Terminated Counts
Disposition
None

Highest Offense Level (Terminated)
None

Complaints
Disposition
None

Movant
Bexar County Texas represented by Lori Gruver
Linebarger Goggan LLP
PO Box 17428
Austin, TX 78760
512-447-6675
Fax: 512-693-0728
Email: LoriG@lgbs.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Bar Status: Admitted/In Good Standing

Movant
Alamo Community College represented by Lori Gruver
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Bar Status: Admitted/In Good Standing

Movant
Bexar County Emergency Services
District #8 		represented by Lori Gruver
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Bar Status: Admitted/In Good Standing

Movant
Bexar County Flood District represented by Lori Gruver
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Bar Status: Admitted/In Good Standing

Movant
Parkland Hospital District represented by Lori Gruver
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Bar Status: Admitted/In Good Standing

Movant
Northside ISD represented by Lori Gruver
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Bar Status: Admitted/In Good Standing

Movant
San Antonio River Authority represented by Lori Gruver
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Bar Status: Admitted/In Good Standing

Movant
Gonzales County, TX represented by Lori Gruver
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Bar Status: Admitted/In Good Standing

Movant
Gonzales I.S.D. represented by Lori Gruver
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Bar Status: Admitted/In Good Standing

Movant
City of Gonzales represented by Lori Gruver
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Bar Status: Admitted/In Good Standing

Movant
Gonzales Healthcare represented by Lori Gruver
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Bar Status: Admitted/In Good Standing

Movant
Gonzales County E.S.D. #01 represented by Lori Gruver
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Bar Status: Admitted/In Good Standing

Movant
Gonzales County U.W.C.D. represented by Lori Gruver
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Bar Status: Admitted/In Good Standing

Movant
Gonzales County E.M.S.F.D. #01 represented by Lori Gruver
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Bar Status: Admitted/In Good Standing

Claimant
Richard Gunselman represented by Chuck Lanehart
Chappell, Lanehart & Stangl, P.C.
1217 Avenue K
Lubbock, TX 79401-4025
806/765-7370
Fax: 806/765-8150 FAX
Email: chucklanehart@hotmail.com
TERMINATED: 04/30/2013
Designation: Retained
Bar Status: Admitted/In Good Standing

Claimant
Sharon Gunselman represented by Chuck Lanehart
(See above for address)
TERMINATED: 04/30/2013
Designation: Retained
Bar Status: Admitted/In Good Standing

Claimant
AimBank represented by Fernando M Bustos
Bustos Law Firm PC
PO Box 1980
Lubbock, TX 79408-1980
806-780-3976
Fax: 806-780-3800
Email: fbustos@bustoslawfirm.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained
Bar Status: Admitted/In Good Standing

Aaron Michael Pier
Nathan Ziegler & Associates
12413 Quaker Ave.
Lubbock, TX 79424
806-765-8801
Fax: 806-762-3313
Email: a.pier@westtexaslaw.com
ATTORNEY TO BE NOTICED
Designation: Retained
Bar Status: Admitted/In Good Standing

Claimant
H V Newman
also known as
Herschel V Newman 		represented by Fernando M Bustos
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained
Bar Status: Admitted/In Good Standing

Aaron Michael Pier
(See above for address)
ATTORNEY TO BE NOTICED
Designation: Retained
Bar Status: Admitted/In Good Standing

Claimant
Jo Ann Newman represented by Fernando M Bustos
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained
Bar Status: Admitted/In Good Standing

Aaron Michael Pier
(See above for address)
ATTORNEY TO BE NOTICED
Designation: Retained
Bar Status: Admitted/In Good Standing

Claimant
Texas Comptroller of Public Accounts represented by Mitchell E Kilby
Office of the Attorney General
301 West 15th Street
8th Floor
Austin, TX 78711
512/463-2173
Fax: 512/482-8341
Email: mitchell.kilby@texasattorneygeneral.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Bar Status: Admitted/In Good Standing

Claimant
Lubbock Central Appraisal District represented by Laura Jane Pitcher Monroe
Perdue Brandon Fielder Collins & Mott LLP
2005 Broadway
PO Box 817
Lubbock, TX 79401-0817
806/744-5091
Email: lmonroe@pbfcm.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained
Bar Status: Admitted/In Good Standing

Claimant
Cargill Limited represented by Molly A Manning
Mullin Hoard & Brown
PO Box 2585
1500 Broadway Suite 700
Lubbock, TX 79408-2585
806/765-7491
Fax: 806/793-6882 FAX
Email: mmanning@mhba.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained
Bar Status: Admitted/In Good Standing

Matthew C Murphy
Nilan Johnson Lewis PA
120 Sixth Street
Suite 400
Minneapolis, MN 55402
612/305-7500
Email: mmurphy@nilanjohnson.com
PRO HAC VICE
ATTORNEY TO BE NOTICED
Designation: Retained
Bar Status: Not Admitted

Sheila K Kerwin
Nilan Joahnson Lewis PA
120 South Sixth Street
Suite 400
Minneapolis, MN 55402
612/305-7500
Email: skerwin@nilanjohnson.com
ATTORNEY TO BE NOTICED
Designation: Retained
Bar Status: Not Admitted

Plaintiff
USA represented by Paulina M Jacobo-DOJ
US Attorney's Office
1205 Texas Ave
7th Floor
Lubbock, TX 79401
806-472-7351
Fax: 806-472-7394
Email: paulina.jacobo@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: US Attorney's Office
Bar Status: Admitted/In Good Standing

John J de la Garza-DOJ , III
US Attorney's Office
1100 Commerce
3rd Floor
Dallas, TX 75242
214-659-8682
Fax: 214-659-8803
Email: john.delagarza@usdoj.gov
ATTORNEY TO BE NOTICED
Designation: US Attorney's Office
Bar Status: Admitted/In Good Standing

Justin T Cunningham-DOJ
US Attorney's Office
1205 Texas Ave
7th Floor
Lubbock, TX 79401
806/472-7351
Fax: 806/472-7394
Email: usatxn.ecfbounceback@usdoj.gov
ATTORNEY TO BE NOTICED
Designation: US Attorney's Office
Bar Status: Not Admitted

Mattie Peterson Compton-DOJ
US Attorney's Office
1100 Commerce Street, Third Floor
Dallas, TX 75242-1699
214-659-8797
Fax: 214-659-8812
Email: usatxn.ecfbounceback@usdoj.gov
ATTORNEY TO BE NOTICED
Bar Status: Admitted/In Good Standing

Date Filed # Docket Text
07/17/2012 1 COMPLAINT as to Jeffrey David Gunselman (1). (cb) [5:12-mj-00089-BG] (Entered: 07/20/2012)
07/19/2012 Arrest of Jeffrey David Gunselman in Western District of Texas - San Antonio Division. (clf) [5:12-mj-00089-BG] (Entered: 07/24/2012)
07/24/2012 3 MOTION For Stay of Order Setting Conditions of Release filed by USA as to Jeffrey David Gunselman (clf) [5:12-mj-00089-BG] (Entered: 07/24/2012)
07/24/2012 4 ORDER granting 3 Motion For Stay of Order Setting Conditions of Release as to Jeffrey David Gunselman (1) (Ordered by Judge Sam R Cummings on 7/24/2012) (clf) [5:12-mj-00089-BG] (Entered: 07/24/2012)
07/24/2012 10 ORDER Setting Conditions of Release as to Jeffrey David Gunselman (1) $100,000 Unsecured Appearance Bond. (Document filed in Western District of Texas - San Antonio Division and received with Rule 5 documents. Deft remains in custody pursuant to Order Granting Motion for Stay of Order Setting Conditions of Release filed on 7/24/12 (Doc #4).) (Ordered by Unassigned VJMagistrate on 7/24/2012) (clf) [5:12-mj-00089-BG] (Entered: 08/03/2012)
07/24/2012 11 Appearance Bond Entered as to Jeffrey David Gunselman in amount of $100,000 Unsecured. (Document filed in Western District of Texas - San Antonio Division and received with Rule 5 documents.) (clf) [5:12-mj-00089-BG] (Entered: 08/03/2012)
07/25/2012 5 NOTICE OF ATTORNEY APPEARANCE by Dan L Cogdell appearing for Jeffrey David Gunselman (Cogdell, Dan) [5:12-mj-00089-BG] (Entered: 07/25/2012)
07/25/2012 6 NOTICE OF ATTORNEY APPEARANCE by Dan L Cogdell appearing for Jeffrey David Gunselman With Corrected Certificate Of Service (Cogdell, Dan) [5:12-mj-00089-BG] (Entered: 07/25/2012)
07/26/2012 7 NOTICE OF ATTORNEY APPEARANCE by Dan L Cogdell appearing for Jeffrey David Gunselman Corrected Notice (Cogdell, Dan) [5:12-mj-00089-BG] (Entered: 07/26/2012)
07/30/2012 8 Rule 5 Documents Received from Western District of Texas - San Antonio Division as to Jeffrey David Gunselman (clf)[5:12-mj-00089-BG] (Additional attachment(s) added on 8/2/2019: # 1 Transcript Exhibit) (bmg). (Entered: 08/03/2012)
08/08/2012 12 INDICTMENT as to Jeffrey David Gunselman (1) count(s) 1-51, 52-75, 76-79, Absolute Fuels, LLC (2) count(s) 1-51, 52-75, 76-79, Absolute Milling, LLC (3) count(s) 1-51, 52-75, 76-79, Ellipse Energy, LLC (4) count(s) 1-51, 52-75, 76-79, 21 Investments, LLC (5) count(s) 1-51, 52-75, 76-79, YGOG Holdings, LLC (6) count(s) 1-51, 52-75, 76-79. (clf) (Entered: 08/08/2012)
08/13/2012 13 ORDER that the Government file its appeal of the Magistrate Judge's Order Setting Conditions of Release and a transcript of the detention hearing within 14 days from the date of this Order and Defendant's responsive brief shall be filed within 14 days from the date the Government's appeal brief is filed as to Jeffrey David Gunselman. (Ordered by Judge Sam R Cummings on 8/13/2012) (klw) (Entered: 08/13/2012)
08/14/2012 14 NOTICE OF ATTORNEY APPEARANCE by John J de la Garza-DOJ, III appearing for USA as Forfeiture Counsel (de la Garza-DOJ, John) (Entered: 08/14/2012)
08/16/2012 15 ORDER SETTING ARRAIGNMENT as to Jeffrey David Gunselman: ( Arraignment set for 8/20/2012 03:00 PM in US Courthouse, Courtroom 214, 1205 Texas Avenue, Lubbock, TX 79401-4091 before Magistrate Judge Nancy M Koenig.) (Ordered by Magistrate Judge Nancy M Koenig on 8/16/2012) (clf) (Entered: 08/16/2012)
08/20/2012 ELECTRONIC Minute Entry for proceedings held before Magistrate Judge Nancy M Koenig: Initial Appearance as to Jeffrey David Gunselman held on 8/20/2012. Deft appeared in WD/TX-San Antonio Division on 7/19/12. Attorney Appearances: AUSA - Paulina Jacobo; Defense - Dan Cogdell. (Court Reporter: Digital File) (No exhibits) Time in Court - :01. (clf) (Entered: 08/20/2012)
08/20/2012 16 Minute Entry for proceedings held before Magistrate Judge Nancy M Koenig: Arraignment as to Jeffrey David Gunselman (1) Count 1-51,52-75,76-79 held on 8/20/2012. Plea entered by Jeffrey David Gunselman: Not Guilty on counts 1-79, ( Jury Trial set for 10/1/2012 before Judge Sam R Cummings. ). Deft custody/detention continued. Attorney Appearances: AUSA - Paulina Jacobo; Defense - Dan Cogdell. (Court Reporter: Digital File) (No exhibits) Time in Court - :04. (clf) (Entered: 08/20/2012)
08/21/2012 17 PRETRIAL NOTICE AND ORDER as to Jeffrey David Gunselman: Motions due by 9/10/2012. Jury Trial set for 10/1/2012 09:00 AM in US Courthouse, Courtroom 216, 33 East Twohig Avenue, San Angelo, TX 76903-6451 before Judge Sam R Cummings. (Ordered by Judge Sam R Cummings on 8/21/2012) (clf) (Entered: 08/21/2012)
08/24/2012 18 MOTION for (Pretrial Detention) Revocation of Magistrate Judge's Order Setting Conditions of Release of Defendant filed by USA as to Jeffrey David Gunselman with Brief/Memorandum in Support. (Attachments: # 1 Exhibit(s) Exhibit 1, # 2 Exhibit(s) Exhibit 2, # 3 Exhibit(s) Exhibit 3) (Jacobo-DOJ, Paulina) Modified text on 8/27/2012 (clf). (Entered: 08/24/2012)
08/30/2012 19 Unopposed MOTION to Continue Scheduling Order and to Designate Case as Complex filed by Jeffrey David Gunselman (Attachments: # 1 Exhibit(s) Waiver of Right to a Speedy Trial, # 2 Proposed Order Unopposed Proposed Order) (Cogdell, Dan) (Entered: 08/30/2012)
08/31/2012 20 ORDER granting 19 Motion to Continue Scheduling Order and to Designate Case as Complex as to Jeffrey David Gunselman (1). Motions due by 11/13/2012. Jury Trial set for 12/3/2012 before Judge Sam R Cummings in the United States District Court, Lubbock, Texas. (Ordered by Judge Sam R Cummings on 8/31/2012) (clf) (Entered: 08/31/2012)
08/31/2012 21 Arrest Warrant Returned Executed on 07/19/12 as to Jeffrey David Gunselman. (clf) (Entered: 09/04/2012)
09/07/2012 22 Motion in Response and in Opposition by Jeffrey David Gunselman to the Government's re: 18 Motion for Revocation of Magistrate Judge's Order Setting Conditions of Release of Defendant (Attachments: # 1 Exhibit(s) 1, # 2 Exhibit(s) 2) (Cogdell, Dan) Modified on 9/7/2012 (clf). (Entered: 09/07/2012)
09/11/2012 23 ORDER granting 18 Motion for Revocation of Magistrate Judge's Order Setting Conditions of Release of Defendant as to Jeffrey David Gunselman (1). Magistrate Judge's Order Setting Conditions of Release of Defendant is REVOKED. Defendant shall be held without bond pending the resolution of the charges against him. (Ordered by Judge Sam R Cummings on 9/11/2012) (pjd) Modified text on 9/12/2012 (bdg). (Entered: 09/11/2012)
09/25/2012 24 NOTICE OF INTERLOCUTORY APPEAL to the Fifth Circuit as to 23 Order on Motion for Detention, by Jeffrey David Gunselman. Filing fee $455, receipt number 0539-4845518. T.O. form to appellant electronically at Transcript Order Form or US Mail as appropriate. Copy of NOA to be sent US Mail to parties not electronically noticed. (Cogdell, Dan) (Entered: 09/25/2012)
09/28/2012 25 Transcript Order Form: re 24 Notice of Appeal, transcript requested for Bond Hearing held on July 24, 2012 before Judge Mathy. (Cogdell, Dan) (Entered: 09/28/2012)
10/12/2012 26 NOTICE of Lis Pendens - 8106 Toledo Avenue, Lubbock, Texas filed by USA as to Jeffrey David Gunselman, Absolute Fuels, LLC, Absolute Milling, LLC, Ellipse Energy, LLC, 21 Investments, LLC, YGOG Holdings, LLC (de la Garza-DOJ, John) (Entered: 10/12/2012)
10/12/2012 27 NOTICE of Lis Pendens - 2517 74th Street, Lubbock, Texas filed by USA as to Jeffrey David Gunselman, Absolute Fuels, LLC, Absolute Milling, LLC, Ellipse Energy, LLC, 21 Investments, LLC, YGOG Holdings, LLC (de la Garza-DOJ, John) (Entered: 10/12/2012)
10/12/2012 28 NOTICE of Lis Pendens - 3120 CR 247, Anton, Texas filed by USA as to Jeffrey David Gunselman, Absolute Fuels, LLC, Absolute Milling, LLC, Ellipse Energy, LLC, 21 Investments, LLC, YGOG Holdings, LLC (de la Garza-DOJ, John) (Entered: 10/12/2012)
10/12/2012 29 NOTICE of Lis Pendens - 1130 CR 239, Gonzales, Texas filed by USA as to Jeffrey David Gunselman, Absolute Fuels, LLC, Absolute Milling, LLC, Ellipse Energy, LLC, 21 Investments, LLC, YGOG Holdings, LLC (de la Garza-DOJ, John) (Entered: 10/12/2012)
10/12/2012 30 NOTICE of Lis Pendens - 4403 Clovis, Lubbock, Texas filed by USA as to Jeffrey David Gunselman, Absolute Fuels, LLC, Absolute Milling, LLC, Ellipse Energy, LLC, 21 Investments, LLC, YGOG Holdings, LLC (de la Garza-DOJ, John) (Entered: 10/12/2012)
10/12/2012 31 NOTICE of Lis Pendens - 3819 Idalou, Lubbock, Texas filed by USA as to Jeffrey David Gunselman, Absolute Fuels, LLC, Absolute Milling, LLC, Ellipse Energy, LLC, 21 Investments, LLC, YGOG Holdings, LLC (de la Garza-DOJ, John) (Entered: 10/12/2012)
10/12/2012 32 NOTICE of Lis Pendens - 305 S. 1st, Slaton, Texas filed by USA as to Jeffrey David Gunselman, Absolute Fuels, LLC, Absolute Milling, LLC, Ellipse Energy, LLC, 21 Investments, LLC, YGOG Holdings, LLC (de la Garza-DOJ, John) (Entered: 10/12/2012)
10/12/2012 33 NOTICE of Lis Pendens - 2E Canyon View Drive, Ransom Canyon, Texas filed by USA as to Jeffrey David Gunselman, Absolute Fuels, LLC, Absolute Milling, LLC, Ellipse Energy, LLC, 21 Investments, LLC, YGOG Holdings, LLC (de la Garza-DOJ, John) Modified on 10/12/2012 (clf). (Entered: 10/12/2012)
10/12/2012 34 NOTICE of Lis Pendens - 3309 101st, Lubbock, Texas filed by USA as to Jeffrey David Gunselman, Absolute Fuels, LLC, Absolute Milling, LLC, Ellipse Energy, LLC, 21 Investments, LLC, YGOG Holdings, LLC (de la Garza-DOJ, John) (Entered: 10/12/2012)
10/12/2012 35 NOTICE of Lis Pendens - 158.332 acres, Shallowater, Texas filed by USA as to Jeffrey David Gunselman, Absolute Fuels, LLC, Absolute Milling, LLC, Ellipse Energy, LLC, 21 Investments, LLC, YGOG Holdings, LLC (de la Garza-DOJ, John) (Entered: 10/12/2012)
10/12/2012 36 NOTICE of Lis Pendens - 307.878 acres, Shallowater, Texas filed by USA as to Jeffrey David Gunselman, Absolute Fuels, LLC, Absolute Milling, LLC, Ellipse Energy, LLC, 21 Investments, LLC, YGOG Holdings, LLC (de la Garza-DOJ, John) (Entered: 10/12/2012)
10/12/2012 37 NOTICE of Lis Pendens - 3408 88th, Lubbock, Texas filed by USA as to Jeffrey David Gunselman, Absolute Fuels, LLC, Absolute Milling, LLC, Ellipse Energy, LLC, 21 Investments, LLC, YGOG Holdings, LLC (de la Garza-DOJ, John) (Entered: 10/12/2012)
10/12/2012 38 NOTICE of Lis Pendens - 1345 FM 168, Nazareth, Texas filed by USA as to Jeffrey David Gunselman, Absolute Fuels, LLC, Absolute Milling, LLC, Ellipse Energy, LLC, 21 Investments, LLC, YGOG Holdings, LLC (de la Garza-DOJ, John) (Entered: 10/12/2012)
10/12/2012 39 NOTICE of Lis Pendens - 5203 8th St., Lubbock, Texas filed by USA as to Jeffrey David Gunselman, Absolute Fuels, LLC, Absolute Milling, LLC, Ellipse Energy, LLC, 21 Investments, LLC, YGOG Holdings, LLC (de la Garza-DOJ, John) (Entered: 10/12/2012)
10/16/2012 Record on Appeal for USCA5 12-10987 (related to 24 appeal) as to Jeffrey David Gunselman: Record consisting of: 1 ECF electronic record certified to USCA. Sealed or ex parte document number(s): 9 (circuit approval is required for access) remain with USDC. To request a copy of the record (on disk or on paper), contact the appeals deputy in advance to arrange delivery. (bdg) (Entered: 10/16/2012)
10/16/2012 USCA Case Number as to Jeffrey David Gunselman 12-10987 for 24 Notice of Appeal filed by Jeffrey David Gunselman. (bdg) (Entered: 11/29/2012)
10/17/2012 40 Received letter from USCA Fifth Circuit. (bdg) (Entered: 10/17/2012)
10/17/2012 41 Record on Appeal for USCA5 12-10987 (related to 24 appeal) as to Jeffrey David Gunselman: Record consisting of: 2 Volume(s) ECF electronic record, Sealed or ex parte document number(s): 9 transmitted to USCA5 Shipped: FEDEX; Tracking No. 799216187758 per Fifth Circuit's request to expedite the physical record. (bdg) (Main Document 41 replaced on 10/17/2012) (bdg). (Entered: 10/17/2012)
10/18/2012 42 First MOTION for Discovery filed by Jeffrey David Gunselman with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order) (Cogdell, Dan) (Entered: 10/18/2012)
10/19/2012 43 ORDER granting 42 Motion for Discovery as to Jeffrey David Gunselman (1). The Government should make discovery and give inspection within five (5) days from the date hereof. (Ordered by Judge Sam R Cummings on 10/19/2012) (pjd) (Entered: 10/19/2012)
10/23/2012 Record on Appeal for USCA5 12-10987 (related to 24 appeal) as to Jeffrey David Gunselman: transmitted to Paulina Jacoba-AUSA on disk only by hand delivery. (lkw) (Entered: 10/23/2012)
10/23/2012 Record on Appeal for USCA5 12-10987 (related to 24 appeal) as to Jeffrey David Gunselman: transmitted to Dan L Cogdell-Cogdell Law Firm on disk only by mail. (lkw) (Entered: 10/23/2012)
10/26/2012 44 MOTION for Discovery and Brief in Support Thereof filed by USA as to Jeffrey David Gunselman with Brief/Memorandum in Support. (Jacobo-DOJ, Paulina) (Entered: 10/26/2012)
10/29/2012 45 NOTICE OF ATTORNEY APPEARANCE by Justin T Cunningham-DOJ appearing for USA (Cunningham-DOJ, Justin) (Entered: 10/29/2012)
10/29/2012 46 DISCOVERY ORDER granting 44 Motion for Discovery as to Jeffrey David Gunselman (1) (Ordered by Judge Sam R Cummings on 10/29/2012) (clf) (Entered: 10/29/2012)
11/07/2012 47 ORDER RESCHEDULING JURY TRIAL as to Jeffrey David Gunselman: Jury Trial continued to Monday, 1/14/2013, at 9:00 AM in US Courthouse, Courtroom C-216, 1205 Texas Avenue, Lubbock, TX 79401-4091 before Judge Sam R Cummings. (Ordered by Judge Sam R Cummings on 11/7/2012) (cb) (Entered: 11/07/2012)
11/09/2012 48 Unopposed MOTION to Continue Motions Deadline filed by Jeffrey David Gunselman (Attachments: # 1 Proposed Order) (Cogdell, Dan) (Entered: 11/09/2012)
11/13/2012 49 ORDER granting 48 Unopposed Motion to Continue Motions Deadline as to Jeffrey David Gunselman (1). The deadline for filing motions in the above-named and -numbered case is extended to 12/3/2012. All other deadlines remain in effect. (Ordered by Judge Sam R Cummings on 11/13/2012) (cb) (Entered: 11/13/2012)
11/30/2012 50 MOTION in Limine filed by USA as to Jeffrey David Gunselman, Absolute Fuels, LLC, Absolute Milling, LLC, Ellipse Energy, LLC, 21 Investments, LLC, YGOG Holdings, LLC with Brief/Memorandum in Support. (Cunningham-DOJ, Justin) (Entered: 11/30/2012)
12/03/2012 51 First MOTION for Discovery Of 404(b) extraneous offenses filed by Jeffrey David Gunselman (Attachments: # 1 Proposed Order) (Cogdell, Dan) (Entered: 12/03/2012)
12/03/2012 52 First MOTION for Disclosure of Intent to Use 609(b) Evidence filed by Jeffrey David Gunselman (Attachments: # 1 Proposed Order) (Cogdell, Dan) (Entered: 12/03/2012)
12/03/2012 53 MOTION for Leave to File Additional Motions filed by Jeffrey David Gunselman (Attachments: # 1 Proposed Order) (Cogdell, Dan) (Entered: 12/03/2012)
12/03/2012 54 MOTION for Disclosure of Brady Materials Giglio Materials, filed by Jeffrey David Gunselman with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order) (Cogdell, Dan) Modified text (Mtn re Jencks material in separate entry) on 12/4/2012 (cb). (Entered: 12/03/2012)
12/03/2012 55 NOTICE of Bill of Particulars concerning Forfeiture Notice re: 12 Indictment, filed by USA as to Jeffrey David Gunselman, Absolute Fuels, LLC, Absolute Milling, LLC, Ellipse Energy, LLC, 21 Investments, LLC, YGOG Holdings, LLC (de la Garza-DOJ, John) (Entered: 12/03/2012)
12/03/2012 MOTION for Early Production of Jencks Material filed by Jeffrey David Gunselman. SEE DOCUMENT 54 FOR IMAGE. (cb) (Entered: 12/04/2012)
12/04/2012 56 RESPONSE by USA as to Jeffrey David Gunselman, Absolute Fuels, LLC, Absolute Milling, LLC, Ellipse Energy, LLC, 21 Investments, LLC, YGOG Holdings, LLC re: 54 MOTION for Release of Brady Materials Giglio Materials, and Jencks Information (Cunningham-DOJ, Justin) (Entered: 12/04/2012)
12/04/2012 57 ORDER granting 51 Motion for Discovery (Request for Notice of Extraneous Offenses) as to Jeffrey David Gunselman (1) (Ordered by Judge Sam R Cummings on 12/4/2012) (cb) (Entered: 12/04/2012)
12/04/2012 58 ORDER granting 52 Motion for Disclosure (Request for Notice of Intent to Use 609(b) Evidence) as to Jeffrey David Gunselman (1) (Ordered by Judge Sam R Cummings on 12/4/2012) (cb) (Entered: 12/04/2012)
12/04/2012 59 ORDER granting 53 Motion to File Additional Motions as to Jeffrey David Gunselman (1). (Ordered by Judge Sam R Cummings on 12/4/2012) (cb) (Entered: 12/04/2012)
12/04/2012 60 ORDER granting 54 Motion for Release of Brady/Giglio Material and granting [] Motion for Early Production of Jencks Material as to Jeffrey David Gunselman (1). The Government must comply by 9:00 a.m., December 14, 2012. (Ordered by Judge Sam R Cummings on 12/4/2012) (cb) (Entered: 12/04/2012)
12/13/2012 61 REPLY filed by USA as to Jeffrey David Gunselman re: 60 Order on Motion for Release of Brady Materials, Order on Motion to Produce,, (Jacobo-DOJ, Paulina) (Entered: 12/13/2012)
12/14/2012 62 Minute Entry for proceedings held before Judge Sam R Cummings: Rearraignment Hearing as to Jeffrey David Gunselman held on 12/14/2012. Plea entered by Jeffrey David Gunselman (1) Guilty Count 1-51,52-75,76-79 of the 79 counts - Indictment. Waiver of Jury Trial; Plea Agreement accepted and filed; Factual Resume filed; Orders for PSI, Disclosure Date and Setting Sentencing entered; Deft custody/detention continued; Indictment read in its entirety; Forfeiture notice read. Attorney Appearances: AUSA - Paulina Jacobo, Justin Cunningham, John Dela Garza; Defense - Dan Cogdell. (Court Reporter: Mechelle Daniel) (No exhibits) Time in Court - 1:25. (bdg) (Entered: 12/14/2012)
12/14/2012 63 PLEA AGREEMENT as to Jeffrey David Gunselman (bdg) (Entered: 12/14/2012)
12/14/2012 64 Factual Resume as to Jeffrey David Gunselman (bdg) (Entered: 12/14/2012)
12/14/2012 66 Order Requiring Presentence Report as to Jeffrey David Gunselman: Probation shall complete and disclose the presentence report within 45 working days of the date of this order. The government to advise probation regarding restitution within five days from date of this order. (Ordered by Judge Sam R Cummings on 12/14/2012) (bdg) (Entered: 12/14/2012)
12/17/2012 67 NOTICE of Lis Pendens filed by USA as to Jeffrey David Gunselman, Absolute Fuels, LLC, Absolute Milling, LLC, Ellipse Energy, LLC, 21 Investments, LLC, YGOG Holdings, LLC (de la Garza-DOJ, John) (Entered: 12/17/2012)
12/17/2012 68 ORDER: DENIED as moot Government's 50 Motion in Limine as to Jeffrey David Gunselman (1), Absolute Fuels, LLC (2), Absolute Milling, LLC (3), Ellipse Energy, LLC (4), 21 Investments, LLC (5), YGOG Holdings, LLC (6) (Ordered by Judge Sam R Cummings on 12/17/2012) (bdg) (Entered: 12/17/2012)
12/27/2012 69 JUDGMENT/MANDATE of USCA as to 24 Notice of Appeal, filed by Jeffrey David Gunselman. The District Court is affirmed. ISSUED AS MANDATE 12/21/2012. (cb) (Entered: 12/27/2012)
12/27/2012 70 Opinion of USCA (certified copy) in accordance with USCA judgment re 24 Notice of Appeal, filed by Jeffrey David Gunselman. The denial of release pending trial is supported by the evidence of record and the district court's order was not an abuse of discretion. AFFIRMED. (cb) (Entered: 12/27/2012)
12/27/2012 71 Appeal Record Returned as to Jeffrey David Gunselman: Received one (1) volume of transcript (Exhibit #3) and one (1) sealed document (#9). The electronic copy of the record has been recycled. (cb) (Entered: 12/27/2012)
02/21/2013 73 Sentencing Scheduling Order as to Jeffrey David Gunselman: Objections to Presentence Investigation Report due by or before noon 3/7/2013. Presentence Investigation Addendum due by or before noon 3/14/2013. Sentencing set for 3/29/2013 10:00 AM in US Courthouse, Courtroom C-216, 1205 Texas Avenue, Lubbock, TX 79401-4091 before Judge Sam R Cummings. (Ordered by Judge Sam R Cummings on 2/21/2013) (bdg) (Entered: 02/21/2013)
03/21/2013 78 Unopposed MOTION for Preliminary Order of Forfeiture filed by USA as to Jeffrey David Gunselman, Absolute Fuels, LLC with Brief/Memorandum in Support. (de la Garza-DOJ, John) (Entered: 03/21/2013)
03/22/2013 79 PRELIMINARY ORDER OF FORFEITURE: granting 78 Unopposed Motion for Preliminary Order of Forfeiture as to Jeffrey David Gunselman (1), Absolute Fuels, LLC (2) (Ordered by Judge Sam R Cummings on 3/22/2013) (cb) (Entered: 03/22/2013)
03/25/2013 81 Application for Admission Pro Hac Vice with Cert. of Good Standing for Attorney John Dennis Hester (Filing fee $25; Receipt number 0539-5201203) filed by Jeffrey David Gunselman (Attachments: # 1 Exhibit(s) Certificate of Good Standing, # 2 Proposed Order) (Cogdell, Dan) (Entered: 03/25/2013)
03/26/2013 82 ORDER granting 81 Application for Admission Pro Hac Vice of John Dennis Hester. If not already done, Applicant must register as an ECF User within 14 days (LCrR 49.2(g)), as to Jeffrey David Gunselman (1) (Ordered by Judge Sam R Cummings on 3/26/2013) (cb) (Entered: 03/26/2013)
03/26/2013 Attorney update in case as to Jeffrey David Gunselman. Attorney J Dennis Hester for Jeffrey David Gunselman added. (cb) (Entered: 03/26/2013)
03/29/2013 83 Minute Entry for proceedings held before Judge Sam R Cummings: Sentencing held on 3/29/2013 for Jeffrey David Gunselman (1), Count(s) 1-51, Imprisoned with BOP for 188 months. Count(s) 52-75, Imprisoned with BOP for 120 months. Count(s) 76-79, Imprisoned with BOP for 24 months; to run concurrently with each other. Sentence imposed to run consecutive to any sentence imposed in Case No. 2012-434,685, 137th District Court Lubbock County, Texas. Standard and Special Conditions of Release. Restitution - $54,973,137.50. Fine - $175,000.00. MSA - $7,900.00 for counts 1-79. Objections to PSI heard. Deft Advised of his right to appeal. Deft REMANDED to custody. Court recommends incarceration at FCI Bastrop. Government Oral Motion to Dismiss remaining Defendants in this case. Oral Order granting this Motion. Attorney Appearances: AUSA - Paulina Jacobo; Defense - Dan Cogdell; Dennis Hester. (Court Reporter: Mechelle Daniel) (No exhibits) Time in Court - :35. (Interpreter N/A.) (cb) (Entered: 03/29/2013)
03/29/2013 84 JUDGMENT: Jeffrey David Gunselman (1), Count(s) 1-51, Imprisoned with BOP for 188 months; Count(s) 52-75, Imprisoned with BOP for 120 months; Count(s) 76-79, Imprisoned with BOP for 24 months; to run concurrently with each other. Sentence imposed to run consecutive to any sentence imposed in Case No. 2012-434,685, 137th District Court Lubbock County, Texas. Standard and Special Conditions of Release. Restitution - $54,973,137.50. Fine - $175,000.00. MSA - $7,900.00 for counts 1-79. (Ordered by Judge Sam R Cummings on 3/29/2013) (cb) (Entered: 03/29/2013)
03/29/2013 DISMISSAL OF COUNTS on Government Motion as to Absolute Fuels, LLC, Absolute Milling, LLC, Ellipse Energy, LLC, 21 Investments, LLC, YGOG Holdings, LLC (ldm) (Entered: 04/02/2013)
04/11/2013 86 MOTION for Hearing (), MOTION to Adjudicate Validity of Interest in Property Pursuant to 21 U.S.C. § 853(n) filed by Sharon Gunselman, Richard Gunselman as to Jeffrey David Gunselman, Absolute Fuels, LLC, Absolute Milling, LLC, Ellipse Energy, LLC, 21 Investments, LLC, YGOG Holdings, LLC (Lanehart, Chuck) Modified on 4/15/2013 (bdg). (Entered: 04/11/2013)
04/12/2013 87 ORDER as to Jeffrey David Gunselman, Absolute Fuels, LLC, Absolute Milling, LLC, Ellipse Energy, LLC, 21 Investments, LLC, YGOG Holdings, LLC: 86 MOTION to Adjudicate Validity of Interest in Property Pursuant to 21 U.S.C. § 853(n), is set for hearing 4/26/2013 at 10:00 AM in US Courthouse, Courtroom C-216, 1205 Texas Avenue, Lubbock, TX 79401-4091 before Judge Sam R Cummings. (Ordered by Judge Sam R Cummings on 4/12/2013) (cb) (Entered: 04/12/2013)
04/12/2013 88 NOTICE OF APPEAL to the Fifth Circuit as to 84 Judgment, by Jeffrey David Gunselman. T.O. form to appellant electronically at Transcript Order Form or US Mail as appropriate. Copy of NOA to be sent US Mail to parties not electronically noticed. (lkw) (Entered: 04/12/2013)
04/12/2013 89 MOTION to Continue Hearing to Adjudicate Validity of Interest in Property Pursuant to 21 U.S.C. 853(n) filed by Sharon Gunselman, Richard Gunselman as to Jeffrey David Gunselman, Absolute Fuels, LLC, Absolute Milling, LLC, Ellipse Energy, LLC, 21 Investments, LLC, YGOG Holdings, LLC (Attachments: # 1 Proposed Order) (Lanehart, Chuck) (Entered: 04/12/2013)
04/12/2013 90 MOTION to Amend/Correct 84 Judgment,, filed by USA as to Jeffrey David Gunselman (de la Garza-DOJ, John) (Entered: 04/12/2013)
04/15/2013 91 ORDER as to Jeffrey David Gunselman: Defendant did not pay the appeal fee or file a motion to proceed in forma pauperis. IT IS ORDERED that Defendant shall, on or before 9:00 a.m. on April 25, 2013, pay the appeal fee of $455.00 or file a motion to proceed in forma pauperis. (Ordered by Judge Sam R Cummings on 4/15/2013) (cb) (Entered: 04/15/2013)
04/15/2013 92 ***VACATED PER 111 ORDER***ORDER RESCHEDULING HEARING as to Jeffrey David Gunselman: Granting 89 MOTION to Continue Hearing on 86 Motion to Adjudicate Validity of Interest in Property Pursuant to 21 U.S.C. 853(n) . The hearing is rescheduled for 5/3/2013 at 9:00 AM in US Courthouse, Courtroom C-216, 1205 Texas Avenue, Lubbock, TX 79401-4091 before Judge Sam R Cummings. (Ordered by Judge Sam R Cummings on 4/15/2013) (cb) (Main Document 92 replaced on 4/15/2013) (cb). Modified-VACATED on 5/1/2013 (cb). (Entered: 04/15/2013)
04/15/2013 93 MOTION for Hearing (), MOTION to Adjudicate AimBank's Interest in Property Forfeited Pursuant to 28 U.S.C. 853 filed by AimBank as to Jeffrey David Gunselman, Absolute Fuels, LLC, Absolute Milling, LLC, Ellipse Energy, LLC, 21 Investments, LLC, YGOG Holdings, LLC with Brief/Memorandum in Support. (Bustos, Fernando) (Entered: 04/15/2013)
04/15/2013 94 Appendix in Support by AimBank as to Jeffrey David Gunselman, Absolute Fuels, LLC, Absolute Milling, LLC, Ellipse Energy, LLC, 21 Investments, LLC, YGOG Holdings, LLC re 93 MOTION for Hearing MOTION to Adjudicate AimBank's Interest in Property Forfeited Pursuant to 28 U.S.C. 853 (Attachments: # 1 Additional Page(s) Bates 34-72) (Bustos, Fernando) (Entered: 04/15/2013)
04/16/2013 95 ***VACATED PER 99 ORDER*** ORDER Scheduling Hearing as to Jeffrey David Gunselman, Absolute Fuels, LLC, Absolute Milling, LLC, Ellipse Energy, LLC, 21 Investments, LLC, YGOG Holdings, LLC: The 93 MOTION to Adjudicate AimBank's Interest in Property Forfeited Pursuant to 28 U.S.C. 853 is set for 5/10/2013 at 9:00 AM in US Courthouse, Courtroom C-216, 1205 Texas Avenue, Lubbock, TX 79401-4091 before Judge Sam R Cummings. (Ordered by Judge Sam R Cummings on 4/16/2013) (cb) Modified-Vacated on 4/17/2013 (cb). (Entered: 04/16/2013)
04/16/2013 96 MOTION for Hearing (), MOTION to Adjudicate Hershel V. Newman and Jo Ann Newman's Interest in Property Forfeited Pursuant to 28 U.S.C. 853 filed by Jo Ann Newman, H V Newman as to Jeffrey David Gunselman, Absolute Fuels, LLC, Absolute Milling, LLC, Ellipse Energy, LLC, 21 Investments, LLC, YGOG Holdings, LLC with Brief/Memorandum in Support. (Bustos, Fernando) (Entered: 04/16/2013)
04/16/2013 97 Appendix in Support by Jo Ann Newman, H V Newman as to Jeffrey David Gunselman, Absolute Fuels, LLC, Absolute Milling, LLC, Ellipse Energy, LLC, 21 Investments, LLC, YGOG Holdings, LLC re 96 MOTION for Hearing MOTION to Adjudicate Hershel V. Newman and Jo Ann Newman's Interest in Property Forfeited Pursuant to 28 U.S.C. 853 (Bustos, Fernando) (Entered: 04/16/2013)
04/16/2013 98 STIPULATION re 93 MOTION for Hearing MOTION to Adjudicate AimBank's Interest in Property Forfeited Pursuant to 28 U.S.C. 853 by USA, AimBank as to Jeffrey David Gunselman (de la Garza-DOJ, John) (Entered: 04/16/2013)
04/17/2013 99 ORDER as to Jeffrey David Gunselman, et al. On April 16, 2013, the parties filed a Joint Stipulation Concerning AimBank's Petition to Adjudicate Interest in Forfeited Property. Therefore, the hearing on the petition scheduled for May 10, 2013, at 9:00 a.m. in the United States District Courtroom, Lubbock, Texas, is hereby VACATED. Terminated 93 MOTION for Hearing on MOTION to Adjudicate AimBank's Interest in Property Forfeited Pursuant to 28 U.S.C. 853 filed by AimBank. (Ordered by Judge Sam R Cummings on 4/17/2013) (cb) (Entered: 04/17/2013)
04/17/2013 100 NOTICE OF APPEAL to the Fifth Circuit as to 84 Judgment,, by USA as to Jeffrey David Gunselman, Absolute Fuels, LLC, Absolute Milling, LLC, Ellipse Energy, LLC, 21 Investments, LLC, YGOG Holdings, LLC. T.O. form to appellant electronically at Transcript Order Form or US Mail as appropriate. Copy of NOA to be sent US Mail to parties not electronically noticed. (de la Garza-DOJ, John) (Entered: 04/17/2013)
04/18/2013 101 RESPONSE by USA as to Jeffrey David Gunselman re: 86 MOTION for Hearing to Adjudicate Validity of Interest in Property Pursuant to 21 U.S.C. § 853(n) (de la Garza-DOJ, John) Modified text on 4/19/2013 (bdg). (Entered: 04/18/2013)
04/19/2013 102 MOTION for Leave to Proceed In Forma Pauperis filed by Jeffrey David Gunselman (bdg) (Entered: 04/19/2013)
04/19/2013 103 CERTIFICATE OF TRUST ACCOUNT by Jeffrey David Gunselman LCDC # 185493 (bdg) (Entered: 04/19/2013)
04/22/2013 104 ORDER Appointing Attorney Dan L. Cogdell as Counsel of Record to Represent Defendant and Granting 102 Motion to Proceed In Forma Pauperis as to Jeffrey David Gunselman (1). (Ordered by Judge Sam R Cummings on 4/22/2013) (cb) (Entered: 04/22/2013)
04/25/2013 105 Return of Service Executed as to USA re: 79 Order on Motion for Order of Forfeiture. (de la Garza-DOJ, John) (Entered: 04/25/2013)
04/30/2013 106 ORDER granting 90 Motion to Correct Judgment as to Jeffrey David Gunselman (1). The judgment in this case is corrected by deleting the second full sentence at the bottom of page 5a, which reads, "It is ordered that this restitution be offset by funds already seized and in the hands of the Government, as well as any additional funds garnered by the Government from loan payments, sale of items, and any other cash flows." (Ordered by Judge Sam R Cummings on 4/30/2013) (cb) (Entered: 04/30/2013)
04/30/2013 107 STIPULATION re 96 MOTION for Hearing MOTION to Adjudicate Hershel V. Newman and Jo Ann Newman's Interest in Property Forfeited Pursuant to 28 U.S.C. 853 by USA, Jo Ann Newman, H V Newman as to Jeffrey David Gunselman (de la Garza-DOJ, John) (Entered: 04/30/2013)
04/30/2013 108 AMENDED JUDGMENT as to Jeffrey David Gunselman (1), Jeffrey David Gunselman (1), Count(s) 1-51, Imprisoned with BOP for 188 months; Count(s) 52-75, Imprisoned with BOP for 120 months; Count(s) 76-79, Imprisoned with BOP for 24 months; to run concurrently with each other. Sentence imposed to run consecutive to any sentence imposed in Case No. 2012-434,685, 137th District Court Lubbock County, Texas. Standard and Special Conditions of Release. Restitution - $54,973,137.50. Fine - $175,000.00. MSA - $7,900.00 for counts 1-79. AMENDMENT: The judgment in this case is corrected by deleting the second full sentence at the bottom of page 5a, which reads, "It is ordered that this restitution be offset by funds already seized and in the hands of the Government, as well as any additional funds garnered by the Government from loan payments, sale of items, and any other cash flows." (Ordered by Judge Sam R Cummings on 4/30/2013) (cb) (Main Document 108 replaced on 4/30/2013) (cb). (Entered: 04/30/2013)
04/30/2013 110 STIPULATION re 86 MOTION for Hearing MOTION to Adjudicate Validity of Interest in Property Pursuant to 21 U.S.C. § 853(n) by USA, Sharon Gunselman, Richard Gunselman as to Jeffrey David Gunselman (de la Garza-DOJ, John) (Entered: 04/30/2013)
05/01/2013 111 ORDER as to Jeffrey David Gunselman, et al. The hearing on the petition scheduled for May 3, 2013, at 9:00 a.m. in the United States District Courtroom, Lubbock, Texas, is hereby VACATED. (Ordered by Judge Sam R Cummings on 5/1/2013) (cb) (Entered: 05/01/2013)
05/01/2013 112 Return of Service Executed as to USA re: 79 Order on Motion for Order of Forfeiture. (de la Garza-DOJ, John) (Entered: 05/01/2013)
05/08/2013 113 Transcript Order Form: re 88 Notice of Appeal, transcript requested for Sentencing held on March 29, 2013 before Judge Cummings. (Attachments: # 1 Additional Page(s) CJA Form 24) (Cogdell, Dan) (Entered: 05/08/2013)
05/08/2013 114 NOTICE of Publication re: 79 Order on Motion for Order of Forfeiture filed by USA as to Jeffrey David Gunselman (Attachments: # 1 Exhibit(s)) (de la Garza-DOJ, John) (Entered: 05/08/2013)
05/09/2013 115 NOTICE OF ATTORNEY APPEARANCE by Mitchell E Kilby appearing for USA Texas Comptroller of Public Accounts (Kilby, Mitchell) (Entered: 05/09/2013)
05/09/2013 116 NOTICE Verified Petition to Adjudicate the Texas Comptroller of Public Accounts' Interest in Property Forfeited Pursuant to 21 U.S.C. Sec. 853 filed by USA as to Jeffrey David Gunselman, Absolute Fuels, LLC, Absolute Milling, LLC, Ellipse Energy, LLC, 21 Investments, LLC, YGOG Holdings, LLC (Kilby, Mitchell) (Entered: 05/09/2013)
05/20/2013 117 MOTION-Petition For Payment of Taxes, filed by Lubbock Central Appraisal District as to Jeffrey David Gunselman, Absolute Fuels, LLC, Absolute Milling, LLC, Ellipse Energy, LLC, 21 Investments, LLC, YGOG Holdings, LLC. (cb) (Entered: 05/20/2013)
05/22/2013 118 RESPONSE by USA as to Jeffrey David Gunselman, Absolute Fuels, LLC, Absolute Milling, LLC, Ellipse Energy, LLC, 21 Investments, LLC, YGOG Holdings, LLC re: 116 Notice (Other), (de la Garza-DOJ, John) (Entered: 05/22/2013)
05/22/2013 119 STIPULATION re 116 Notice (Other), by USA, Texas Comptroller of Public Accounts as to Jeffrey David Gunselman, Absolute Fuels, LLC, Absolute Milling, LLC, Ellipse Energy, LLC, 21 Investments, LLC, YGOG Holdings, LLC (de la Garza-DOJ, John) (Entered: 05/22/2013)
05/24/2013 120 MOTION Petition for Adjudication of Interest in Property filed by Cargill Limited as to Jeffrey David Gunselman, Absolute Fuels, LLC, Absolute Milling, LLC, Ellipse Energy, LLC, 21 Investments, LLC, YGOG Holdings, LLC (Manning, Molly) (Entered: 05/24/2013)
05/24/2013 121 Certificate of Interest Persons re 120 MOTION Petition for Adjudication of Interest in Property filed by Cargill Limited as to Jeffrey David Gunselman, Absolute Fuels, LLC, Absolute Milling, LLC, Ellipse Energy, LLC, 21 Investments, LLC, YGOG Holdings, LLC (Manning, Molly) Modified text (atty filed as a motion) on 5/28/2013 (cb). (Entered: 05/24/2013)
05/28/2013 122 ORDER as to Jeffrey David Gunselman, et al. A Petition of Cargill Limited for Adjudication of Interest in Property was filed May 24, 2013, by attorney Cameron Funk, regarding a legal right to $104,467.05 in funds which are subject to the Preliminary Order of Forfeiture dated March 22, 2013. The Government shall file a response on or before 9:00 a.m. on June 17, 2013. (Ordered by Judge Sam R Cummings on 5/28/2013) (cb) (Entered: 05/28/2013)
05/29/2013 123 MOTION Petition of Bexar County, TX et al for Adjudication of Interest in Property 11411 Cat Springs, Boerne, TX, and 1130 CR 239, Gonzales, TX filed by Gonzales County E.M.S.F.D. #01, Gonzales County U.W.C.D., Gonzales County E.S.D. #01, Gonzales Healthcare, City of Gonzales, Gonzales I.S.D., Gonzales County, TX, San Antonio River Authority, Northside I.S.D., Parkland Hospital District, Bexar County Flood District, Bexar County Emergency Services, Alamo Community College, Bexar County, Texas as to Jeffrey David Gunselman (Attachments: # 1 Exhibit(s) 1, # 2 Proposed Order) (Gruver, Lori) (Entered: 05/29/2013)
06/03/2013 124 Application for Admission Pro Hac Vice with Cert. of Good Standing for Attorney Matthew C. Murphy (Filing fee $25; Receipt number 0539-5341942) filed by Cargill Limited as to Jeffrey David Gunselman, Absolute Fuels, LLC, Absolute Milling, LLC, Ellipse Energy, LLC, 21 Investments, LLC, YGOG Holdings, LLC (Manning, Molly) (Entered: 06/03/2013)
06/03/2013 125 Application for Admission Pro Hac Vice with Cert. of Good Standing for Attorney Sheila T. Kerwin (Filing fee $25; Receipt number 0539-5342018) filed by Cargill Limited as to Jeffrey David Gunselman, Absolute Fuels, LLC, Absolute Milling, LLC, Ellipse Energy, LLC, 21 Investments, LLC, YGOG Holdings, LLC (Manning, Molly) (Entered: 06/03/2013)
06/04/2013 126 ORDER granting 124 Application for Admission Pro Hac Vice of Matthew C. Murphy. If not already done, Applicant must register as an ECF User within 14 days (LCrR 49.2(g)), filed by Cargill Limited as to Jeffrey David Gunselman, et al (Ordered by Judge Sam R Cummings on 6/4/2013) (cb) (Entered: 06/04/2013)
06/04/2013 127 ORDER granting 125 Application for Admission Pro Hac Vice of Sheila T. Kerwin. If not already done, Applicant must register as an ECF User within 14 days (LCrR 49.2(g)), filed by Cargill Limited as to Jeffrey David Gunselman, et al (Ordered by Judge Sam R Cummings on 6/4/2013) (cb) (Entered: 06/04/2013)
06/06/2013 128 STIPULATION re 123 MOTION Petition of Bexar County, TX et al for Adjudication of Interest in Property 11411 Cat Springs, Boerne, TX, and 1130 CR 239, Gonzales, TX by USA, Gonzales County E.M.S.F.D. #01, Gonzales County U.W.C.D., Gonzales County E.S.D. #01, Gonzales Healthcare, City of Gonzales, Gonzales I.S.D., Gonzales County, TX, San Antonio River Authority, Northside I.S.D., Parkland Hospital District, Bexar County Flood District, Bexar County Emergency Services, Alamo Community College, Bexar County, Texas as to Jeffrey David Gunselman (de la Garza-DOJ, John) (Entered: 06/06/2013)
06/06/2013 129 STIPULATION re 117 MOTION Petition For Payment of Taxes by USA, Lubbock Central Appraisal District as to Jeffrey David Gunselman (de la Garza-DOJ, John) (Entered: 06/06/2013)
06/07/2013 130 ORDER as to Jeffrey David Gunselman, et al: A 128 Stipulation Concerning Bexar County-Area and Gonzales County-Area Taxing Authorities' Petition for Adjudication of Interest in Property was filed June 6, 2013, and signed by attorneys John de la Garza III, Assistant United States Attorney, and Lori Gruver, Attorney at Law. The Government shall submit a Final Order of Forfeiture by 9:00 a.m. on June 14, 2013. (Ordered by Judge Sam R Cummings on 6/7/2013) (cb) (Entered: 06/07/2013)
06/07/2013 131 ORDER as to Jeffrey David Gunselman, et al.: A 129 Stipulation Concerning Lubbock and Lamb Central Appraisal Districts' Petition for Payment of Taxes was filed June 6, 2013, and signed by attorneys John de la Garza III, Assistant United States Attorney, and Laura J. Monroe, Attorney at Law. The Government shall submit a Final Order of Forfeiture by 9:00 a.m. on June 14, 2013. (Ordered by Judge Sam R Cummings on 6/7/2013) (cb) (Entered: 06/07/2013)
06/11/2013 132 Notice of Filing of Official Electronic Transcript of Sentencing Proceedings as to Jeffrey David Gunselman held on 03/29/2013 before Judge Sam R. Cummings. Court Reporter/Transcriber Mechelle Daniel, Telephone number (806) 744-7667. Parties are notified of their duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Redaction Request - Transcript must be filed within 21 days. If no such Request is filed, the transcript will be made available via PACER without redaction after 90 calendar days. If redaction request filed, this transcript will not be accessible via PACER; see redacted transcript. The clerk will mail a copy of this notice to parties not electronically noticed. (20 pages) Redaction Request due 7/2/2013. Redacted Transcript Deadline set for 7/12/2013. Release of Transcript Restriction set for 9/9/2013. (kmd) (Entered: 06/11/2013)
06/11/2013 133 Return of Service Executed as to USA re: 79 Order on Motion for Order of Forfeiture. (de la Garza-DOJ, John) (Entered: 06/11/2013)
06/11/2013 134 Return of Service Executed as to USA re: 79 Order on Motion for Order of Forfeiture. (de la Garza-DOJ, John) (Entered: 06/11/2013)
06/11/2013 135 Return of Service Executed as to USA re: 79 Order on Motion for Order of Forfeiture. (de la Garza-DOJ, John) (Entered: 06/11/2013)
06/11/2013 136 Return of Service Executed as to USA re: 79 Order on Motion for Order of Forfeiture. (de la Garza-DOJ, John) (Entered: 06/11/2013)
06/11/2013 137 Return of Service Executed as to USA re: 79 Order on Motion for Order of Forfeiture. (de la Garza-DOJ, John) (Entered: 06/11/2013)
06/11/2013 138 Return of Service Executed as to USA re: 79 Order on Motion for Order of Forfeiture. (de la Garza-DOJ, John) (Entered: 06/11/2013)
06/11/2013 139 Return of Service Executed as to USA re: 79 Order on Motion for Order of Forfeiture. (de la Garza-DOJ, John) (Entered: 06/11/2013)
06/11/2013 140 Duplicate filing (same as document 139)Return of Service Executed as to USA re: 79 Order on Motion for Order of Forfeiture. (de la Garza-DOJ, John) Modified text (duplicate filing) on 6/13/2013 (cb). (Entered: 06/11/2013)
06/11/2013 141 Return of Service Executed as to USA re: 79 Order on Motion for Order of Forfeiture. (de la Garza-DOJ, John) (Entered: 06/11/2013)
06/11/2013 142 Return of Service Executed as to USA re: 79 Order on Motion for Order of Forfeiture. (de la Garza-DOJ, John) (Entered: 06/11/2013)
06/11/2013 143 Return of Service Executed as to USA re: 79 Order on Motion for Order of Forfeiture. (de la Garza-DOJ, John) (Entered: 06/11/2013)
06/11/2013 144 Return of Service Executed as to USA re: 79 Order on Motion for Order of Forfeiture. (de la Garza-DOJ, John) (Entered: 06/11/2013)
06/13/2013 145 MOTION for Final Order of Forfeiture filed by USA as to Jeffrey David Gunselman with Brief/Memorandum in Support. (de la Garza-DOJ, John) (Entered: 06/13/2013)
06/13/2013 146 FINAL ORDER OF FORFEITURE Concerning Forfeited Property, Item Nos. 4, 5, 25, 32-35, 37-40, 63, 108, and 111. Granting 145 Motion for Final Order of Forfeiture as to Jeffrey David Gunselman (1) (Ordered by Judge Sam R Cummings on 6/13/2013) (cb) (Entered: 06/13/2013)
06/14/2013 147 MOTION Stay Order of Forfeiture filed by Jeffrey David Gunselman (Attachments: # 1 Proposed Order) (Cogdell, Dan) (Entered: 06/14/2013)
06/17/2013 148 RESPONSE by USA as to Jeffrey David Gunselman re: 120 MOTION Petition for Adjudication of Interest in Property (de la Garza-DOJ, John) (Entered: 06/17/2013)
06/20/2013 149 Transcript Order Form: re 88 Notice of Appeal, transcript requested for Rearraignment Hearing held on 12/14/2012 before Judge Cummings. (Attachments: # 1 Additional Page(s) CJA Form 24) (Cogdell, Dan) (Entered: 06/20/2013)
06/24/2013 153 (Document Restricted) CJA 24 as to Jeffrey David Gunselman: Authorization to Pay Mechelle Daniel $ 73.00 for Transcript, Voucher # 130719000039. (Ordered by Judge Sam R Cummings on 6/24/2013) (pjd) (Entered: 07/25/2013)
07/01/2013 Supplemental Record on Appeal for USCA5 13-10409 (related to 100 , 88 appeal) as to Jeffrey David Gunselman: Record consisting of: 1 ECF electronic record, certified to USCA. Sealed documents 2, 9 and PSR/SOR documents 65, 72, 74, 75-77, 80, 85 and 109 remain with the clerk. To request a copy of the record (on disk or on paper), contact the appeals deputy in advance to arrange delivery. (lkw) Modified text (added sealed doc nos.) on 7/18/2013 (cb). (Entered: 07/01/2013)
07/02/2013 150 RESPONSE by USA as to Jeffrey David Gunselman re: 147 MOTION Stay Order of Forfeiture Pending Appeal (de la Garza-DOJ, John) Modified text on 7/2/2013 (bdg). (Entered: 07/02/2013)
07/03/2013 151 ORDER denying 147 Motion to Stay Order of Forfeiture Pending Appeal as to Jeffrey David Gunselman (1) (Ordered by Judge Sam R Cummings on 7/3/2013) (lkw) (Entered: 07/03/2013)
07/11/2013 152 Notice of Filing of Official Electronic Transcript of Re-Arraignment Proceedings as to Jeffrey David Gunselman held on 12/14/2012 before Judge Sam R. Cummings. Court Reporter/Transcriber Mechelle Daniel, Telephone number (806) 744-7667. Parties are notified of their duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Redaction Request - Transcript must be filed within 21 days. If no such Request is filed, the transcript will be made available via PACER without redaction after 90 calendar days. If redaction request filed, this transcript will not be accessible via PACER; see redacted transcript. The clerk will mail a copy of this notice to parties not electronically noticed. (13 pages) Redaction Request due 8/1/2013. Redacted Transcript Deadline set for 8/12/2013. Release of Transcript Restriction set for 10/9/2013. (kmd) (Entered: 07/11/2013)
07/11/2013 Second Supplemental Record on Appeal for USCA5 13-10409 (related to 100 , 88 appeal) as to Jeffrey David Gunselman: Record consisting of: 1 ECF electronic record, documents 150-152 certified to USCA. To request a copy of the record (on disk or on paper), contact the appeals deputy in advance to arrange delivery. (cb) (Entered: 07/11/2013)
07/12/2013 Record on Appeal for USCA5 13-10409 (related to 100 , 88 appeal) as to Jeffrey David Gunselman, et al., ROA, SROA, and 2nd SROA transmitted to Dennis Hester with Cogdell Law Firm on disk only by FedEx. (cb) (Entered: 07/12/2013)
07/18/2013 Record on Appeal for USCA5 13-10409 (related to 100 , 88 appeal) as to Jeffrey David Gunselman, et al. ROA, SROA, 2ndSROA and PSR/SOR documents 65, 72, 74-77, 80, 85 and 109 transmitted to Victoria Barboza, Legal Asst. with AUSA on disk only placed in AUSA box. (cb) (Entered: 07/18/2013)
08/02/2013 154 Certificate of Service by USA as to Jeffrey David Gunselman re 79 Order on Motion for Order of Forfeiture (Attachments: # 1 Declaration(s)) (de la Garza-DOJ, John) (Entered: 08/02/2013)
08/02/2013 155 MOTION for Final Order of Forfeiture filed by USA as to Jeffrey David Gunselman with Brief/Memorandum in Support. (de la Garza-DOJ, John) (Entered: 08/02/2013)
08/12/2013 156 ORDER granting 155 Motion for Final Order of Forfeiture as to Jeffrey David Gunselman (1). All right, title, and interest in and to property item nos. 1-3, 6-24, 26-28, 30-31, 36, 41-62, 64-107, 109, and 110 are forfeited to the government. The Department of homeland Security (or its designee) shall seize, maintain, and dispose of the items pursuant to law. (Ordered by Judge Sam R Cummings on 8/12/2013) (cb) (Entered: 08/12/2013)
08/16/2013 157 (Document Restricted) CJA 24 as to Jeffrey David Gunselman: Authorization to Pay Mechelle Daniel $ 47.45 for Transcript, Voucher # 130726000058. (Ordered by Judge Sam R Cummings on 7/19/2013) (pjd) (Entered: 08/16/2013)
08/27/2013 158 ORDER SETTING HEARING as to Jeffrey David Gunselman, et al: The 120 Petition of Cargill Limited for Adjudication of Interest in Property is set for hearing the week of 10/7/2013 at 9:00 AM in US Courthouse, Courtroom C-216, 1205 Texas Avenue, Lubbock, TX 79401-4091 before Judge Sam R Cummings. This setting is subject to criminal and civil trials set on the Court's October 2013 docket. (Ordered by Judge Sam R Cummings on 8/27/2013) (cb) (Entered: 08/27/2013)
08/30/2013 159 Request for Copy of Docket Sheet and Plea Agreement Transcript by Jeffrey David Gunselman. Pro se letter and courtesy copy of docket sheet mailed to Mr. Gunselman. (bdg) (Entered: 08/30/2013)
09/09/2013 160 ORDER RESCHEDULING HEARING as to Jeffrey David Gunselman: The 120 Petition of Cargill Limited for Adjudication of Interest in Property is rescheduled for hearing 10/9/2013 at 9:00 AM in US Courthouse, Courtroom C-216, 1205 Texas Avenue, Lubbock, TX 79401-4091 before Judge Sam R Cummings. This setting is subject to criminal and civil trials set on the Court's October 2013 docket. (Ordered by Judge Sam R Cummings on 9/9/2013) (cb) (Entered: 09/09/2013)
09/17/2013 161 Third Supplemental Record on Appeal for USCA5 13-10409 (related to 88 , 100 appeal) as to Jeffrey David Gunselman: Record consisting of: 7 Volume(s) ECF electronic record (2 vols ROA, 3 vols SROA, 1 vol 2ndSROA, 1 vol 3rdSROA), 1 envelope(s) PSR/SOR (Docs. 65, 72, 74-77, 80, 85, 109, 154-156, 158-160), Sealed or ex parte document number(s): 2, 9, 153, 157, transmitted to USCA5 Shipped: UPS: 1Z7585640392401196 (cb) Modified text on 12/23/2013 (cb). (Entered: 09/17/2013)
09/30/2013 162 NOTICE of Certification of Business Records Under Federal Rule of Evidence 902(12) filed by Cargill Limited as to Jeffrey David Gunselman, Absolute Fuels, LLC, Absolute Milling, LLC, Ellipse Energy, LLC, 21 Investments, LLC, YGOG Holdings, LLC (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C) (Manning, Molly) (Entered: 09/30/2013)
10/01/2013 163 ORDER RESCHEDULING HEARING as to Jeffrey David Gunselman: The 120 Petition of Cargill Limited for Adjudication of Interest in Property is rescheduled for hearing 10/23/2013 at 9:00 AM in US Courthouse, Courtroom C-216, 1205 Texas Avenue, Lubbock, TX 79401-4091 before Judge Sam R Cummings. (Ordered by Judge Sam R Cummings on 10/1/2013) (cb) (Entered: 10/01/2013)
10/02/2013 164 NOTICE of Release of Lis Pendens re: 67 Notice (Other) filed by USA as to Jeffrey David Gunselman (de la Garza-DOJ, John) (Entered: 10/02/2013)
10/08/2013 165 Return of Service Executed as to USA re: 146 Order on Motion for Order of Forfeiture. (de la Garza-DOJ, John) (Entered: 10/08/2013)
10/08/2013 166 NOTICE Cargill's Second Notice of Certification of Business Records re: 162 Notice (Other), filed by Cargill Limited as to Jeffrey David Gunselman, Absolute Fuels, LLC, Absolute Milling, LLC, Ellipse Energy, LLC, 21 Investments, LLC, YGOG Holdings, LLC (Attachments: # 1 Exhibit D, # 2 Exhibit E) (Manning, Molly) (Entered: 10/08/2013)
10/15/2013 167 NOTICE: Acknowledgment received from USCA Fifth Circuit in receipt of 161 Appeal Record as to Jeffrey David Gunselman, et al. (cb) (Entered: 10/15/2013)
10/16/2013 168 ***VACATED per 170 ORDER*** ORDER RESCHEDULING HEARING as to Jeffrey David Gunselman: The time for the hearing on 120 Petition of Cargill Limited for Adjudication of Interest in Property is reset for 10/23/2013 at 01:15 PM in US Courthouse, Courtroom C-216, 1205 Texas Avenue, Lubbock, TX 79401-4091 before Judge Sam R Cummings. (Ordered by Judge Sam R Cummings on 10/16/2013) (clf) Modified -Vacated on 10/17/2013 (cb). (Entered: 10/16/2013)
10/16/2013 169 STIPULATION re 120 MOTION Petition for Adjudication of Interest in Property by USA, Cargill Limited as to Jeffrey David Gunselman (de la Garza-DOJ, John) (Entered: 10/16/2013)
10/17/2013 170 ORDER as to Jeffrey David Gunselman, et al. The hearing scheduled for October 23, 2013, at 1:15 p.m. is VACATED. (Ordered by Judge Sam R Cummings on 10/17/2013) (cb) (Entered: 10/17/2013)
10/24/2013 171 Unopposed MOTION for Final Order of Forfeiture filed by USA as to Jeffrey David Gunselman with Brief/Memorandum in Support. (de la Garza-DOJ, John) (Entered: 10/24/2013)
10/24/2013 172 ORDER granting 171 Motion for Final Order of Forfeiture Concerning Forfeited Property Item No. 29 as to Jeffrey David Gunselman (1). The defendant's sentence and criminal judgment included the property's forfeiture. The Department of Homeland Security shall release property item no. 29 from the forfeiture proceedings to Cargill, through its attorney, Matthew Murphy, Nilan Johnson Lewis PA. (Ordered by Judge Sam R Cummings on 10/24/2013) (cb) (Entered: 10/24/2013)
01/08/2014 3rd Supplemental Record on Appeal for USCA5 13-10409 (related to 100 , 88 appeal) as to Jeffrey David Gunselman, et al: Record consisting of: 1 ECF electronic record, documents 154-156, 158-172 (restricted docs 153 & 157) certified to USCA. To request a copy of the record (on disk or on paper), contact the appeals deputy in advance to arrange delivery. (cb) (Entered: 01/08/2014)
02/11/2014 173 Third Supplemental Record on Appeal for USCA5 13-10409 (related to 100 , 88 appeal) as to Jeffrey David Gunselman, et al: Record consisting of 1 Volume ECF electronic record documents 154-156, 158-172, Sealed/Restricted document numbers 153 & 157, transmitted to USCA5 Fifth Circuit. Shipped: UPS 1Z7585640391928914. (cb) (Entered: 02/11/2014)
03/13/2014 174 NOTICE of Release of Lis Pendens re: 32 Notice (Other), 37 Notice (Other), 67 Notice (Other), 29 Notice (Other), 31 Notice (Other), 38 Notice (Other), 27 Notice (Other), 28 Notice (Other), 39 Notice (Other), 36 Notice (Other), 33 Notice (Other), 34 Notice (Other), 35 Notice (Other), 30 Notice (Other), 26 Notice (Other) filed by USA as to Jeffrey David Gunselman, Absolute Fuels, LLC, Absolute Milling, LLC, Ellipse Energy, LLC, 21 Investments, LLC, YGOG Holdings, LLC (de la Garza-DOJ, John) (Entered: 03/13/2014)
12/18/2014 177 ORDER of USCA as to Jeffrey David Gunselman re 88 Notice of Appeal. Gunselman has filed a motion for leave to proceed pro se on appeal. Accordingly, counsel's motion to withdraw as appointed counsel and to withdraw her previously filed brief is granted. Gunselman's motion to proceed pro se on appeal is likewise granted. The Clerk shall establish a briefing schedule allowing Gunselman 30 days to file a new brief. (Received from USCA on 04/14/2015) (bdg) (Entered: 04/14/2015)
04/01/2015 175 Return of Service Executed as to USA re: 156 Order on Motion for Order of Forfeiture,. (de la Garza-DOJ, John) (Entered: 04/01/2015)
04/01/2015 176 Return of Service Executed as to USA re: 146 Order on Motion for Order of Forfeiture. (de la Garza-DOJ, John) (Entered: 04/01/2015)
04/14/2015 178 Record on Appeal for USCA5 13-10409 (related to 100 , 88 appeal) as to Jeffrey David Gunselman: Record consisting of: Electronic Record on Appeal, First, Second, and Third Supplemental Electronic Record on Appeal, 2 Volume(s) of electronic transcript transmitted to Warden of Bastrop Unit for use by Jeffrey David Gunselman. Shipped: UPS: Tracking No. 1Z7585640398045052. (Per USCA request.) (bdg) (Entered: 04/14/2015)
05/03/2016 179 JUDGMENT/MANDATE of USCA as to 100 Notice of Appeal filed by USA. It is ordered and adjudged that the judgment of the District Court is affirmed in part and vacated in part. Issued as Mandate: 05/02/2016. (bdg) (Entered: 05/03/2016)
05/03/2016 180 Opinion of USCA in accordance with USCA judgment re 100 Notice of Appeal filed by USA; 88 Notice of Appeal filed by Jeffrey David Gunselman. We VACATE the portion of the written judgment ordering that Gunselman's restitution "be offset by funds already seized and in the hands of the Government, as well as any additional funds garnered by the Government from loan payments, sale of items, and any other cash flows." In all other respects, we AFFIRM the judgment of the district court. (bdg) (Entered: 05/03/2016)
05/03/2016 181 Received letter from USCA Fifth Circuit regarding exhibits and sealed envelopes to be returned; the paper copy of the electronic record has been recycled by USCA. (bdg) (Entered: 05/03/2016)
05/04/2016 182 Appeal Record Returned as to Jeffrey David Gunselman, Absolute Fuels, LLC: Three (3) Sealed Envelopes received from USCA Fifth Circuit and recycled by USDC. (bdg) (Entered: 05/05/2016)
08/10/2017 183 NOTICE of Restoration of Forfeiture Proceeds to Restitution filed by USA as to Jeffrey David Gunselman, Absolute Fuels, LLC, Absolute Milling, LLC, Ellipse Energy, LLC, 21 Investments, LLC, YGOG Holdings, LLC (Childs-DOJ, Melissa) (Entered: 08/10/2017)
12/05/2017 184 MOTION Apply Seized Funds to Defendant's Debt re 84 Judgment,, filed by USA as to Jeffrey David Gunselman with Brief/Memorandum in Support. (Attachments: # 1 Exhibit(s))Attorney Mattie Peterson Compton-DOJ added to party USA(pty:pla) (Compton-DOJ, Mattie) (Entered: 12/05/2017)
12/12/2017 185 ORDER granting 184 Motion to Apply Seized Assets to Judgment as to Jeffrey David Gunselman (1), Individually and d/b/a Absolute Fuels, LLC (2). The United States Secret Service and/or Treasury Forfeiture Fund shall deliver the total amount of $17,251.00 to the Clerk of Court to be applied in payment toward the Defendant's outstanding judgment balance. (Ordered by Senior Judge Sam R Cummings on 12/12/2017) (bdg) Modified text and parties on 12/12/2017 (bdg). (Entered: 12/12/2017)
01/08/2018 186 DEFENDANT'S MOTION FOR EXTENSION OF TIME TO RESPOND AND REQUEST FOR DISCOVERY re: 184 filed by Jeffrey David Gunselman. (krd) Modified txt on 1/8/2018 (krd). (Entered: 01/08/2018)
01/10/2018 187 ORDER denying 186 Motion for Extension of Time as to Jeffrey David Gunselman (1). (Ordered by Senior Judge Sam R Cummings on 1/10/2018) (bmg) (Entered: 01/10/2018)
03/13/2018 188 UNITED STATES' MOTION FOR SUBSTITUTION OF VICTIM TO RECEIVE RESTITUTION PAYMENTS re 84 Judgment 108 Amended Judgment filed by USA as to Jeffrey David Gunselman with Brief/Memorandum in Support. (Attachments: # 1 Exhibit(s)) (Compton-DOJ, Mattie) Modified text on 3/13/2018 (bmg). Modified motion event on 3/13/2018 (ctf). (Entered: 03/13/2018)
03/13/2018 189 UNITED STATES MOTION FOR SUBSTITUTION OF VICTIM TO RECEIVE RESTITUTION PAYMENTS re 84 Judgment 108 Amended Judgment filed by USA as to Jeffrey David Gunselman with Brief/Memorandum in Support. (Attachments: # 1 Exhibit(s)) (Compton-DOJ, Mattie) Modified text on 3/13/2018 (bmg). Modified motion event on 3/13/2018 (ctf). (Entered: 03/13/2018)
03/14/2018 190 ORDER granting 188 Motion for Restitution Victim Name Change to Phillips 66 Company as the payee. (Ordered by Senior Judge Sam R Cummings on 3/14/2018) (egp) (Entered: 03/14/2018)
03/14/2018 191 ORDER granting 189 Motion for Restitution Victim Name Change to Andeavor as the payee. (Ordered by Senior Judge Sam R Cummings on 3/14/2018) (egp) (Entered: 03/14/2018)

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