UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF ILLINOIS

219 SOUTH DEARBORN STREET

CHICAGO, ILLINOIS 60604

 MICHAEL W. DOBBINS

 CLERK 312-435-5670 

February 10, 2006

Mr. Gino J. Agnello, Clerk

U.S. Court of Appeals-Seventh Circuit

219 South Dearborn Street-Room 2722

Chicago, Illinois 60604

RE: USA vs Nettles

U.S.D.C. DOCKET NO. : 04cr699

U.S.C.A. DOCKET NO. : 06-1304

Dear Mr. Agnello:

Please find attached the original record on appeal consisting of the following:

 VOLUME(S) OF PLEADING(S) 1 Volume of Pleadings

 VOLUME(S) OF TRANSCRIPT(S) 1 Transcript

 VOLUME(S) OF DEPOSITION(S)

EXHIBITS:

VAULT ITEMS: 1 Restricted Item

OTHER (SPECIFY):

SPECIAL NOTE:

Please acknowledge date of receipt of the above mentioned materials on the attached copy of this

letter.

Very truly yours,

Michael W. Dobbins, Clerk

By:________________________________

 G. Jones, Deputy Clerk

Case: 1:04-cr-00699 Document #: 95 Filed: 02/10/06 Page 1 of 18 PageID #:457
 I, MICHAEL W. DOBBINS, CLERK of the United States District Court for the Northern

District of Illinois, do hereby certify to the United States Court of Appeals, for the Seventh Circuit,

that the documents submitted herewith and annexed hereto are the original papers filed and entered

of record in my office, on the dates in the List of Documents, and together with a true copy of docket

entries as they appear in the official dockets in this office, consisting of:

1 Volume of Pleadings

1 Volume of Transcripts

1 Restricted Item

In the cause entitled: USA vs Nettles.

USDC NO. : 04cr699

USCA NO. : 06-1304

IN TESTIMONY WHEREOF, I hereunto subscribed my name 

and affixed the seal of the aforesaid Court at Chicago, Illinois, 

this 10th day of Feb. 2006.

MICHAEL W. DOBBINS, CLERK 

By: ____________________________________

 G. Jones, Deputy Clerk

Case: 1:04-cr-00699 Document #: 95 Filed: 02/10/06 Page 2 of 18 PageID #:458
United States District Court

Northern District of Illinois

219 South Dearborn Street

Chicago, Illinois 60604

I, MICHAEL W. DOBBINS, CLERK of the United States District Court for the Northern District

of Illinois, do hereby certify to the United States Court of Appeals, for the Seventh Circuit, that the

following is transmitted as part of the record on appeal in the cause entitled: 

USDC No.: 04cr699

USCA No.: 06-1304

FILED DATE ITEM NO. DESCRIPTION

10/17/2005 80 Transcript of Proceedings

IN TESTIMONY WHEREOF, I have hereunto

subscribed my name and affixed the seal of the

aforesaid court at Chicago Illinois, this 10th day

of Feb. 2006.

MICHAEL W. DOBBINS, CLERK 

By:________________________________

 G. Jones, Deputy Clerk

Case: 1:04-cr-00699 Document #: 95 Filed: 02/10/06 Page 3 of 18 PageID #:459
United States District Court

Northern District of Illinois

219 South Dearborn Street

Chicago, Illinois 60604

I, MICHAEL W. DOBBINS, CLERK of the United States District Court for the Northern District

of Illinois, do hereby certify to the United States Court of Appeals, for the Seventh Circuit, that the

following is transmitted as part of the record on appeal in the cause entitled: 

USDC No.: 04cr699

USCA No.: 06-1304

FILED DATE ITEM NO. DESCRIPTION

1/13/2006 89 Sealed Document

IN TESTIMONY WHEREOF, I have hereunto

subscribed my name and affixed the seal of the

aforesaid court at Chicago Illinois, this 10th day

of Feb. 2006.

MICHAEL W. DOBBINS, CLERK 

By:________________________________

 G. Jones, Deputy Clerk

Case: 1:04-cr-00699 Document #: 95 Filed: 02/10/06 Page 4 of 18 PageID #:460
Page 1 of 14

1. APPEAL, DENLOW

United States District Court

Northern District of Illinois - CM/ECF LIVE, Ver 2.5 (Chicago)

CRIMINAL DOCKET FOR CASE #: 1:04-cr-00699-ALL

Internal Use Only

Case title: USA v. Nettles Date Filed: 09/01/2004

Assigned to: Honorable John F.

Keenan

Defendant

Gale Nettles (1) 

TERMINATED: 01/12/2006

represented by John Thomas Theis

Attorney at Law 

29 South LaSalle Street 

Suite 220 

Chicago, IL 60603 

(312) 782-1121 

Email: theislaw@aol.com 

LEAD ATTORNEY

ATTORNEY TO BE NOTICED

Designation: CJA Appointment

Pending Counts Disposition

18:844G.F POSSESS EXPLOSIVES

ON FEDERAL PROPERTY

(1-2)

It is the judgment of this court that the defendant is

hereby committed to the custody of the United States

Bureau of Prisons to be imprisoned for a total

uninterrupted term of twenty (20) years on each of cou

one, two, four, five, six, seven, eight, and nine. The te

of custody on counts two, four, five, six, seven, eight, 

nine shall run consecutively to the term of custody on

count one and consecutively to each other, for a total

term of imprisonment on one hundred sixty (160) year

Supervised Release. The court finds that a term of

supervised release is not necessary due to the length o

the term of imprisonment. The defendant shall pay the

total assessment of $800.00. Schedule of payments. Th

Case: 1:04-cr-00699 Document #: 95 Filed: 02/10/06 Page 5 of 18 PageID #:461
Page 2 of 14

defendant is immediately remanded to the custody of t

United States Marshal.

18:471.F UTTERS COUNTERFEIT OBLIGATIONS

(4)

It is the judgment of this court that the defendant is

hereby committed to the custody of the United States

Bureau of Prisons to be imprisoned for a total

uninterrupted term of twenty (20) years on each of cou

one, two, four, five, six, seven, eight, and nine. The te

of custody on counts two, four, five, six, seven, eight, 

nine shall run consecutively to the term of custody on

count one and consecutively to each other, for a total

term of imprisonment on one hundred sixty (160) year

Supervised Release. The court finds that a term of

supervised release is not necessary due to the length o

the term of imprisonment. The defendant shall pay the

total assessment of $800.00. Schedule of payments. Th

defendant is immediately remanded to the custody of t

United States Marshal.

18:473.F DEAL IN COUNTERFEIT

OBLIGATIONS AND SECURITIES

(5-9)

It is the judgment of this court that the defendant is

hereby committed to the custody of the United States

Bureau of Prisons to be imprisoned for a total

uninterrupted term of twenty (20) years on each of cou

one, two, four, five, six, seven, eight, and nine. The te

of custody on counts two, four, five, six, seven, eight, 

nine shall run consecutively to the term of custody on

count one and consecutively to each other, for a total

term of imprisonment on one hundred sixty (160) year

Supervised Release. The court finds that a term of

supervised release is not necessary due to the length o

the term of imprisonment. The defendant shall pay the

total assessment of $800.00. Schedule of payments. Th

defendant is immediately remanded to the custody of t

United States Marshal.

Highest Offense Level (Opening)

Felony

Terminated Counts Disposition

18:2339BF PROVIDING

MATERIAL SUPPORT OR Count three found not guilty

Case: 1:04-cr-00699 Document #: 95 Filed: 02/10/06 Page 6 of 18 PageID #:462
Page 3 of 14

RESOURCES TO TERRORISTS and

18:2 AID AND ABET

(3)

Highest Offense Level (Terminated)

Felony

Complaints Disposition

18:844(f)(1) Attempt to damage and

destroy by means of fire and an

explosive a government building

Plaintiff

United States of America represented byVictoria Jones Peters

United States Attorney's Office 

219 South Dearborn Street 

Suite 4400 

Chicago, IL 60604 

(312) 353-5300 

Email: vicki.peters@usdoj.gov 

LEAD ATTORNEY

ATTORNEY TO BE NOTICED

Pretrial Services

. 

435-5545 

Email:

ilnptdb_Court_Action_Notice@ilnpt.

uscourts.gov 

ATTORNEY TO BE NOTICED

Probation Department

. 

408-5197 

ATTORNEY TO BE NOTICED

Brandon D Fox

United States Attorney's Office, NDIL 

Case: 1:04-cr-00699 Document #: 95 Filed: 02/10/06 Page 7 of 18 PageID #:463
Page 4 of 14

219 South Dearborn Street 

Suite 500 

Chicago, IL 60604 

(312) 353-5300 

Email: brandon.fox@usdoj.gov 

ATTORNEY TO BE NOTICED

John C Kocoras

United States Attorney's Office 

219 South Dearborn Street 

Suite 500 

Chicago, IL 60604 

(312) 353-5300 

TERMINATED: 08/11/2005

Date Filed # Docket Text

08/05/2004 1 COMPLAINT Hon. Morton Denlow (pmp) (Entered: 08/06/2004)

08/05/2004 DEFENDANT Gale Nettles arrested (pmp) (Entered: 08/06/2004)

08/05/2004 2 MINUTE ORDER of 8/5/04 by Hon. Morton Denlow as to Gale

Nettles : Initial appearance proceedings of Gale Nettles held.

Defendant appears in response to arrest on 08/05/04. Defendant

informed of rights. Enter order appointing John T. Theis as counsel

for the defendant. Defendant to remain in custody pending

preliminary examination and detention hearing set for 08/10/04 at

2:30 p.m. Mailed notice (pmp) (Entered: 08/06/2004)

08/05/2004 3 APPEARANCE of Attorney for Gale Nettles by John T. Theis (pmp)

(Entered: 08/06/2004)

08/05/2004 4 FINANCIAL AFFIDAVIT as to Gale Nettles (pmp) (Entered:

08/06/2004)

08/10/2004 5 MINUTE ORDER of 8/10/04 by Hon. Morton Denlow as to Gale

Nettles : Preliminary examination hearing held. Order finding of

probable cause. Detention hearing held. Defendant ordered detained

as a danger to the community. Defendant ordered bound to the District

Court for further proceedings in custody of the U.S. Marshal. Mailed

notice (emd) (Entered: 08/12/2004)

08/13/2004 6 MINUTE ORDER of 8/13/04 by Hon. Morton Denlow as to Gale

Nettles : Enter order of detention of defendant Gale Nettles pending

Case: 1:04-cr-00699 Document #: 95 Filed: 02/10/06 Page 8 of 18 PageID #:464
Page 5 of 14

trial. Mailed notice (pmp) (Entered: 08/16/2004)

09/01/2004 Modification: Case assigned to Hon. Elaine E. Bucklo (pmp)

(Entered: 09/02/2004)

09/01/2004 7 INDICTMENT Counts filed against Gale Nettles (1) count(s) 1-2, 3,

4, 5-9 (pmp) (Entered: 09/02/2004)

09/01/2004 8 DESIGNATION SHEET Felony Category III (pmp) (Entered:

09/02/2004)

09/01/2004 9 MINUTE ORDER of 9/1/04 by Hon. Sidney I. Schenkier as to Gale

Nettles : No bond set; detained by magistrate. No notice (pmp)

(Entered: 09/02/2004)

09/02/2004 10 ARRAIGNMENT NOTICE: Before Hon. Morton Denlow as to Gale

Nettles : Arraignment and plea set for Wednesday, 09/08/04 at 10:00

a.m. in courtroom 1350 before Magistrate Judge Denlow for Judge

Bucklo Mailed notice (pmp) (Entered: 09/02/2004)

09/08/2004 11 MINUTE ORDER of 9/8/04 by Hon. Morton Denlow as to Gale

Nettles : Arraignment and plea reset to 10/13/04 at 10:00 a.m. Mailed

notice (pmp) (Entered: 09/09/2004)

09/13/2004 12 MINUTE ORDER of 9/13/04 by Hon. Morton Denlow as to Gale

Nettles : Arraignment and plea held. Defendant waives formal reading

of the indictment and enters a plea of not guilty to all counts of the

indictment. Defendant informed of rights. 16.1(a) conference to be

held by or on 9/20/04. Pretrial motions to be filed by or on 9/30/04;

any response by or on 10/12/04. Status hearing set before Judge

Bucklo on 10/15/04 at 10:00am. Government's oral motion to time is

granted. Time from the day of arraignment through the status date of

10/15/04 to be excluded under 18:3161(a)(1) and the US vs. Tibboel,

753 F2d. 608 (7th Cir. 1985). Mailed notice (emd) Modified on

09/24/2004 (Entered: 09/14/2004)

09/13/2004 Modification: for Hon. Elaine E. Bucklo Status hearing set before

Judge Bucklo on 10/15/04 at 10:00am. (emd) (Entered: 09/14/2004)

09/15/2004 13 MINUTE ORDER of 9/15/04 by Hon. Elaine E. Bucklo as to Gale

Nettles : On court's own motion, status hearing set for 10/15/04 is

reset for 10/19/04 at 9:30am. Time is excluded from this day through

the next status date under 18:3161(h)(1) and US vs. Tibboel. Mailed

notice (emd) (Entered: 09/16/2004)

10/08/2004 14 MOTION by Gale Nettles to re-set motion schedule ; Notice (pmp)

Case: 1:04-cr-00699 Document #: 95 Filed: 02/10/06 Page 9 of 18 PageID #:465
Page 6 of 14

(Entered: 10/15/2004)

10/15/2004 15 MINUTE ORDER of 10/15/04 by Hon. Elaine E. Bucklo as to Gale

Nettles : Defendant's motion to re-set motion schedule is granted. [14-

1] Accordingly defendant has until 11/5/04 to file any pretrial motions

and response will be due by 11/12/04. Status hearing set for 10/19/04

is reset for 11/19/04 at 10:00 a.m. Time from this day through

11/19/04 is excluded for pretrial motions and trial preparations under

18:3161(H)(1) and USA vs Tibboel. Mailed notice (pmp) Modified on

10/29/2004 (Entered: 10/15/2004)

11/04/2004 16 MOTION by Gale Nettles to transfer proceedings pursuant to Rule 21

and for recusal (pmp) (Entered: 11/15/2004)

11/04/2004 17 MEMORANDUM of law by Gale Nettles in support motion to

transfer proceedings pursuant to Rule 21 [16-1] and motion for recusal

[16-2]; (Attachments); Notice (pmp) (Entered: 11/15/2004)

11/12/2004 18 MINUTE ORDER of 11/12/04 by Hon. Elaine E. Bucklo as to Gale

Nettles : Response to defendant's motion to transfer proceedings and

for recusal is due by 11/17/04. The motion is entered and continued to

11/19/04 at 9:30 a.m. [16-1] and [16-2]. Mailed notice (pmp)

(Entered: 11/15/2004)

11/17/2004 19 RESPONSE by USA to defendant's motion to transfer proceedings

pursuant to Rule 21 [16-1] and motion for recusal [16-2] (pmp)

(Entered: 11/18/2004)

11/18/2004 20 MINUTE ORDER of 11/18/04 by Hon. Elaine E. Bucklo as to Gale

Nettles : Status hearing and defendant's motion to transfer [16-1] set

for 11/29/04 are reset for 11/30/04 at 9:30 a.m. Time from 11/19/04

through 11/30/04 is excluded for pretrial motions under

18:3161(h)(1)(F). Mailed notice (pmp) (Entered: 11/19/2004)

11/23/2004 21 MINUTE ORDER of 11/23/04 by Hon. Elaine E. Bucklo as to Gale

Nettles : Enter memorandum opinion and order denying defendant's

motion to transfer the case to another circuit [16-1] and for recusal is

denied. [16-2] Entered Memorandum Opinion and Order. Notices

mailed by judge's staff (pmp) (Entered: 11/23/2004)

11/30/2004 ORAL MOTION by defendant Gale Nettles for an order to conduct

defendant's mental evaluation (las) (Entered: 12/03/2004)

11/30/2004 22 MINUTE ORDER of 11/30/04 by Hon. Elaine E. Bucklo as to

defendant Gale Nettles : Status hearing held and continued to 1/7/05

at 9:30 a.m. Defendant's motion for an order to conduct defendant's

Case: 1:04-cr-00699 Document #: 95 Filed: 02/10/06 Page 10 of 18 PageID #:466
Page 7 of 14

mental evaluation is granted [0-1]. Defendant's counsel to provide the

court with specific information on the facility where the evaluation is

to be conducted. Time from this day until 1/7/05 is excluded for trial

preparations under 18:3161 (h)(8)(B)(iv). Mailed notice (las)

(Entered: 12/03/2004)

12/03/2004

N/A

23 MINUTE ORDER of 12/3/04 by Hon. Elaine E. Bucklo as to Gale

Nettles : The court having granted defendant's request for a mental

competency examination, defendant is ordered to be examined by Dr.

Lyle H. Rossiter, Jr. M.D. Dr. Rossiter is requested to send a copy of

the report to the court, with copies to all parties, as soon as the

examination is completed. Time from this day is excluded for mental

competency evaluation under 18:3161(h)(1)(A). Mailed notice (meg)

(Entered: 12/06/2004)

12/07/2004 24 ACKNOWLEDGEMENT of receipt of short record on appeal, as to

Gale Nettles USCA 04-4104 (pmp) (Entered: 12/08/2004)

01/07/2005 25 MINUTE ORDER of 1/7/05 by Hon. Elaine E. Bucklo as to Gale

Nettles : Status hearing held and continued to 01/28/2005 at 9:30 a.m.

Time from this day until 01/28/05 is excluded for trial preparations

under 18:3161(h)(8)(B)(iv). Mailed notice (pmp) (Entered:

01/10/2005)

01/07/2005 26 COPY of Order dated 01/06/05 from the 7th Circuit as to Gale

Nettles. It is ordered that the motion to proceeed in forma pauperis is

granted. (04-4104) (pmp) (Entered: 01/10/2005)

01/21/2005 27 OPINION from the USCA for the 7th Circuit; Argued 12/8/04;

Decided 1/21/05 in USCA case no. 04-4104 (emd, ) (Entered:

01/26/2005)

01/21/2005 28 CERTIFIED copy of order dated 1/21/05 from USCA, 7th Circuit as

to Gale Nettles (Appeal No. 04-4104) : With reluctance we conclude

that Nettles is entitled to a writ of mandamus directing the recusal of

Judge Bucklo and any other judge of the Northern District. No

purpose would be served by requiring Nettles to renew his transfer

motion in the district court, before a judge brought in from the

Northern District, or to make subsequent motion to recuse the

members of this court. A more efficient method of proceeding is for

us to recuse ouselves now, to be replaced by judges from other

circuits who will be designated to hear any further proceedings

instituted by Nettles in this court. The above is in accordance with the

decision of this court entered on this date. (emd, ) (Entered:

01/26/2005)

Case: 1:04-cr-00699 Document #: 95 Filed: 02/10/06 Page 11 of 18 PageID #:467
Page 8 of 14

01/27/2005

N/A

29 MINUTE entry before Judge Elaine E. Bucklo : Status hearing set for

01/28/05 is vacated pending reassignment of this case to another court

pursuant to the 7th Circuit Opinion. (pmp, ) (Entered: 01/28/2005)

03/21/2005 30 EXECUTIVE COMMITTEE ORDER: Case as to Gale Nettles

Assigned to Judge John F. Keenan. Judge Elaine E. Bucklo no longer

assigned to the case .(pmp, ) (Entered: 03/28/2005)

03/23/2005 31 UNOPPOSED motion by United States of America to exclude time

under Title 18 United States Code, Section 3161(h) as to Gale Nettles

(pmp, ) (Entered: 03/28/2005)

03/23/2005 32 MINUTE entry before Judge John F. Keenan : Government's motion

to exclude time from 3/23/05 to the date of the next status conference

31 is granted as to Gale Nettles. (18:3161(h)(1)(E); 18:3161(h)(1)(G)

and 18:3161(h)(8)(B)(iv)) The ends of justice are best served by

taking this action. (18:3161(h)(8)(B)(iv). Mailed notice (pmp, )

(Entered: 03/30/2005)

03/23/2005 33 ORDER as to Gale Nettles. Signed by Judge John F. Keenan on

3/23/05. Mailed notice (pmp, ) (Entered: 03/30/2005)

03/23/2005 ***Excludable started as to Gale Nettles: (pmp, ) (Entered:

03/30/2005)

03/23/2005 ***Excludable started as to Gale Nettles: (pmp, ) (Entered:

03/30/2005)

03/23/2005 ***Excludable started as to Gale Nettles: (pmp, ) (Entered:

03/30/2005)

05/05/2005 34 MOTION by Gale Nettles for severance of counts; Notice. (emd, )

(Entered: 05/10/2005)

05/05/2005 35 MOTION by Gale Nettles requiring assistance necessary to hear court

proceedings (emd, ) (Entered: 05/10/2005)

05/05/2005 36 MOTION by Gale Nettles to require notice of intention to use other

crimes, wrongs or acts in evidence. (emd, ) (Entered: 05/10/2005)

05/05/2005 37 RENEWED MOTION by Gale Nettles to transfer proceedings

pursuant to Rule 21. (emd, ) (Entered: 05/10/2005)

05/05/2005 38 MOTION by Gale Nettles in limine regarding prior convictions (emd,

) (Entered: 05/10/2005)

Case: 1:04-cr-00699 Document #: 95 Filed: 02/10/06 Page 12 of 18 PageID #:468
Page 9 of 14

05/05/2005 39 MOTION by Gale Nettles in limine to prohibit introduction of tape

recordings of non-testifying witnesses. (emd, ) (Entered: 05/10/2005)

05/27/2005 40 RESPONSE by United States of America as to defendant Gale Nettles

regarding motion to transfer proceedings 37 (pmp, ) (Entered:

06/03/2005)

05/27/2005 41 CONSOLIDATED response by United States of America as to

defendant Gale Nettles regarding motion to require notice of intention

to use other crimes, wrongs or acts in evidence 36 and motion in

limine regarding prior convictions 38 (pmp, ) (Entered: 06/03/2005)

05/27/2005 42 RESPONSE by United States of America as to defendant Gale Nettles

regarding motion in limine to prohibit introduction of tape recordings

or non-testifying witnesses 39 (pmp, ) (Entered: 06/03/2005)

05/27/2005 43 RESPONSE by United States of America as to defendant Gale Nettles

regarding motion for severance of counts 34 (pmp, ) (Entered:

06/03/2005)

05/27/2005 44 RESPONSE by United States of America as to defendant Gale Nettles

regarding motion requiring assistance necessary to hear court

proceedings 35 (pmp, ) (Entered: 06/03/2005)

06/29/2005 45 MINUTE entry before Judge John F. Keenan : Enter opinion and

order: Motion (34) for severance of counts is denied. Motion 37 for

transfer is denied. Motion 39 in limine to "Prohibit introduction of

Tape Recordings of Non-Testifying Witnesses is denied. Motion 36

for disclosure of Rule 404(b) evidence is moot. The government will

provide such evidence two weeks prior to trial. The motion for

disclosure of evidence pursuant to Rule 608(b) is denied. Motion 38

under Rule 609(a) to prohibit the government from using defendant's

2001 courterfeiting conviction for impeachment purposes is denied.

The motion 35 to provide defendant with assistance "To Hear and

Participate in court proceedings" is granted. Time is excluded under

the Speedy Trial Act, 18 U.S.C. 3161 until 09/06/2005 the day that

jury selection will begin. Counsel earlier indicated that this was the

date they preferred for trial. Jury trial set for 09/06/2005. Mailed

notice (pmp, ) (Entered: 06/30/2005)

06/29/2005 46 OPINION and Order as to Gale Nettles. Signed by Judge John F.

Keenan on 6/29/05.Mailed notice (pmp, ) (Entered: 06/30/2005)

08/02/2005 47 PEITION by United States of America for writ of habeas corpus ad

testificandum as to Gale Nettles; Notice; (Exhibits) (pmp, ) (Entered:

Case: 1:04-cr-00699 Document #: 95 Filed: 02/10/06 Page 13 of 18 PageID #:469
Page 10 of 14

08/05/2005)

08/11/2005 48 ATTORNEY Designation for USA of Victoria Jones Peters (pmp, )

(Entered: 08/16/2005)

08/15/2005 49 MOTION by United States of America in limine to exclude an

entrapment defense as to Gale Nettles (gma, ) (Entered: 08/16/2005)

08/15/2005 50 NOTICE of Motion by United States of America for presentment of

MOTION by United States of America in limine to exclude an

entrapment defense as to Gale Nettles 49 before Honorable John F.

Keenan on 8/24/2005 at 12:00 PM. (gma, ) (Entered: 08/16/2005)

08/16/2005 51 ORDER as to Gale Nettles. Signed by Judge John F. Keenan on

8/16/05.Mailed notice (pmp, ) (Entered: 08/17/2005)

08/23/2005 52 RESPONSE by Gale Nettles to government's motion in limine to

exclude extrapment defense 49; Notice; (Exhibts) (pmp, ) (Entered:

08/24/2005)

08/24/2005 53 MINUTE entry before Judge John F. Keenan asto Gale Nettles: Enter

order that Hearing Health Center provide Mr. Nettles with a proper

aid no later than the close of business on 09/01/05. Should Hearing

Health Center fail to provide Mr. Nettles with a proper hearing aid by

09/01/05, Stacey B. Logal or another representative of Hearing Health

Center, shall appear before this court in Room, 1719 of the Dirksen

Federal Building, 219 South Dearborn, Chicago, Illinois at 10:30 a.m.

on 09/06/05, to show cause why it could not comply with this order.

Mailed notice (pmp, ) (Entered: 08/26/2005)

08/24/2005 54 ORDER as to Gale Nettles. Signed by Judge John F. Keenan on

8/24/05.Mailed notice (pmp, ) (Entered: 08/26/2005)

08/24/2005 55 MINUTE entry before Judge John F. Keenan as to Gale Nettles:

Government's motion 49 in limine hearing held. The defendant shall

be provided with a hearing device on or by 09/01/05. Voir dire

qustions for the court's consideration to be submitted on or by

09/01/05. Ruling on government's motion 49 in limine to be made by

mail. Jury trial to be conducted in Room 1719. Mailed notice (pmp, )

(Entered: 08/26/2005)

08/30/2005 56 ORDER regarding motion in limine to preclude an entrapment

defense absent defendant filing a sufficient pre-trial evidentiary

proffer of facts to support such a defense 49 is denied as to Gale

Nettles. Signed by Judge John F. Keenan on 8/30/05.Mailed notice

Case: 1:04-cr-00699 Document #: 95 Filed: 02/10/06 Page 14 of 18 PageID #:470
Page 11 of 14

(pmp, ) (Entered: 08/31/2005)

09/01/2005 57 PROPOSED Jury Instructions by United States of America as to Gale

Nettles (pmp, ) (Entered: 09/02/2005)

09/01/2005 58 VOIR Dire questions as to Gale Nettles (pmp, ) (Entered: 09/02/2005)

09/01/2005 59 PROPOSED voir dire questions as to Gale Nettles; Notice (pmp, )

(Entered: 09/02/2005)

09/02/2005 60 REQUEST by Gale Nettles to file same instanter and proposed jury

instructions; Notice (pmp, ) (Entered: 09/06/2005)

09/06/2005 61 MINUTE entry before Judge John F. Keenan : Jury selection held on

9/6/2005. Voir dire begun on 9/6/2005 and completed on 9/6/05. Trial

to begin on 9/7/05 at 9:30 a.m. No notice (gl, ) (Entered: 09/08/2005)

09/06/2005 62 MINUTE entry before Judge John F. Keenan : Trial Begins (Jury)

Jury trial held and continued to 09/07/05 at 9:30 a.m. No notice (pmp,

) (Entered: 09/08/2005)

09/06/2005 71 PEREMPTORY challenges during jury selection by Gale Nettles,

United States of America (emd, ) (Entered: 09/21/2005)

09/07/2005 63 MINUTE entry before Judge John F. Keenan dated 9/7/05: Jury trial

held on 9/7/2005, and continued to 9/8/05 at 9:30 a.m. No notice (gl, )

(Entered: 09/08/2005)

09/08/2005 64 MINUTE entry before Judge John F. Keenan dated 9/8/05: Jury trial

held on 9/8/2005, and continued to 9/9/05 at 9:30 a.m. No notice (gl, )

(Entered: 09/08/2005)

09/08/2005 68 MINUTE entry before Judge John F. Keenan as to Gale Nettles: It is

ordered that the United States Attorney's Office is authorized to make

available to the media tapes and transcripts that have been addmitted

by the court in this matter subsequent to their admission into evidence.

(Enter order) Judicial staff mailed notice (pmp, ) (Entered:

09/14/2005)

09/08/2005 69 ORDER as to Gale Nettles. Signed by Judge John F. Keenan on

9/8/05.Judicial staff mailed notice (pmp, ) (Entered: 09/14/2005)

09/09/2005 65 MINUTE entry before Judge John F. Keenan dated 9/9/05: Jury trial

held on 9/9/2005, and continued to 9/12/05, at 9:30 a.m. No notice (gl,

) (Entered: 09/09/2005)

Case: 1:04-cr-00699 Document #: 95 Filed: 02/10/06 Page 15 of 18 PageID #:471
Page 12 of 14

09/12/2005 66 MINUTE entry before Judge John F. Keenan dated 9/12/05: Jury trial

held on 9/12/2005, and continued to 9/13/05 at 9:30 a.m. No notice

(gl, ) (Entered: 09/12/2005)

09/13/2005 67 MINUTE entry before Judge John F. Keenan dated 9/13/05: Jury trial

held on 9/13/2005, and continued to 9/14/05 at 9:30 a.m. No notice

(gl, ) (Entered: 09/13/2005)

09/13/2005 72 MINUTE entry before Judge John F. Keenan : Defendant's oral

motion for judgment of acquittal at the close of all the evidence as to

Counts One through Nine is denied. Government's oral motion to

amend indictment on its face as to Count 8 is granted. Mailed notice

(emd, ) (Entered: 09/21/2005)

09/13/2005 73 MOTION by Gale Nettles for judgment of acquittal (emd, ) (Entered:

09/21/2005)

09/13/2005 74 MINUTE entry before Judge John F. Keenan : Hearing held on

defendant's motion for judgment of acquittal. For the reasons set forth

in open court, defendant's motion for judgment of acquittal in this

cause pursuant to Rule 29 of the Federal Rules of Criminal Procedure

73 is denied. Mailed notice (emd, ) (Entered: 09/21/2005)

09/14/2005 70 MINUTE entry before Judge John F. Keenan dated 9/14/05: Jury trial

held on 9/14/2005. Deliberations begin and continued to 9/15/05, at

9:30 a.m. No notice (gl, ) (Entered: 09/15/2005)

09/14/2005 75 FINAL PROPOSED Jury Instructions by United States of America as

to Gale Nettles (emd, ) (Entered: 09/21/2005)

09/15/2005 76 JURY Verdict as to Gale Nettles (1) guilty on Count 1-2,4,5-9, Gale

Nettles (1) not guilty on Count 3. (emd, ) (Entered: 09/21/2005)

09/15/2005 77 JURY Notes as to Gale Nettles (emd, ) (Entered: 09/21/2005)

09/15/2005 78 MINUTE entry before Judge John F. Keenan : Trial held-jury. Jury

verdict of guilty as to counts 1,2,4,5,6,7, 8 and 9. Jury verdict of not

guilty as to count 3. Trial ends-jury. Post trial motions to be filed by

10/14/05; government to respond by 10/28/05; reply due 11/4/05.

Order presentence investigation report. Sentencing set for 1/12/2006

at 10:00 AM. Any interviews of defendant are to take place in the

presence of defendant's counsel. Mailed notice (emd, ) (Entered:

09/21/2005)

09/15/2005 ***Procedural Interval start as to Gale Nettles (las, ) (Entered:

Case: 1:04-cr-00699 Document #: 95 Filed: 02/10/06 Page 16 of 18 PageID #:472
Page 13 of 14

01/26/2006)

10/14/2005 79 MOTION by Gale Nettles for judgment of acquittal or in the

alternative for a new trial; Notice (pmp, ) (Entered: 10/17/2005)

10/17/2005

N/A

80 TRANSCRIPT of proceedings for the following dates: 08/10/04;

Before the Honorable Morton Denlow as to Gale Nettles (pmp, )

(Entered: 10/18/2005)

10/18/2005 81 RESPONSE by United States of America as to Gale Nettles regarding

MOTION by Gale Nettles for judgment of acquittalMOTION by Gale

Nettles for new trial79 (Fox, Brandon) (Entered: 10/18/2005)

10/18/2005 82 ATTORNEY Designation for USA of Brandon D Fox (Fox, Brandon)

(Entered: 10/18/2005)

11/28/2005 83 MINUTE entry before Judge John F. Keenan as to Gale Nettles: Enter

opinion and order: Defendant's motion 79 are denied in all respects.

Sentencing will be imposed on 01/12/06 at 10:00 a.m. Mailed notice

(pmp, ) (Entered: 11/29/2005)

11/28/2005 84 OPINION and ORDER as to Gale Nettles. Signed by Judge John F.

Keenan on 11/28/05.Mailed notice (pmp, ) (Entered: 11/29/2005)

12/27/2005 85 MINUTE entry before Judge John F. Keenan as to Gale Nettles :

Enter order that any objections to the Presentence Investigation

Report to be filed with the court, the Probation Department and the

opposing side no later than 01/06/2006 at 4:00 p.m. E.S.T. Mailed

notice (pmp, ) (Entered: 12/28/2005)

12/27/2005 86 ORDER as to Gale Nettles. Signed by Judge John F. Keenan on

12/27/05.Mailed notice (pmp, ) (Entered: 12/28/2005)

01/05/2006 87 OBJECTION to Presentence Investigation Report by Gale Nettles and

Sentencing Memorandum (Theis, John) (Entered: 01/05/2006)

01/09/2006 88 RESPONSE by United States of America to objection to presentence

investigation report87 (Fox, Brandon) (Entered: 01/09/2006)

01/12/2006 93 JUDGMENT (Sentencing Order) as to Gale Nettles (1), Count(s) 1-2,

4,5,6,7,8,9. It is the judgment of this court that the defendant is hereby

committed to the custody of the United States Bureau of Prisons to be

imprisoned for a total uninterrupted term of twenty (20) years on each

of counts one, two, four, five, six, seven, eight, and nine. The term of

custody on counts two, four, five, six, seven, eight, and nine shall run

consecutively to the term of custody on count one and consecutively

Case: 1:04-cr-00699 Document #: 95 Filed: 02/10/06 Page 17 of 18 PageID #:473
Page 14 of 14

to each other, for a total term of imprisonment on one hundred sixty

(160) years. Supervised Release. The court finds that a term of

supervised release is not necessary due to the length of the term of

imprisonment. The defendant shall pay the total assessment of

$800.00. Schedule of payments. The defendant is immediately

remanded to the custody of the United States Marshal. Gale Nettles

terminated. Signed by Judge John F. Keenan on 1/12/06.Mailed notice

(las, ) (Entered: 01/26/2006)

01/13/2006

N/A

89 SEALED Document pursuant to LR26.2 (pmp, ) (Entered:

01/18/2006)

01/20/2006 90 NOTICE OF APPEAL by Gale Nettles ;Notice of Filing ;

(Attachments) cja (dj, ) (Entered: 01/23/2006)

01/20/2006 91 DOCKETING statement by Gale Nettles regarding notice of appeal90

(dj, ) (Entered: 01/23/2006)

01/23/2006 92 Transmission of short record as to Gale Nettles to US Court of

Appeals re notice of appeal90 (dj, ) (Entered: 01/23/2006)

01/26/2006 JUDGMENT and Commitment as to Gale Nettles issued to U.S.

Marshal (las, ) (Entered: 01/26/2006)

01/30/2006 94 USCA case number as to Gale Nettles 06-1304 for notice of appeal 90

(pmp, ) (Entered: 02/01/2006)

Case: 1:04-cr-00699 Document #: 95 Filed: 02/10/06 Page 18 of 18 PageID #:474