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HAWCNFLT

U.S. District Court [LIVE]

Eastern District of TEXAS (Beaumont)
CRIMINAL DOCKET FOR CASE #: 1:13-cr-00007-TH-1
Case title: USA v. Cherry

Date Filed: 01/10/2013

Assigned to: Judge Thad Heartfield

Defendant (1)
Matthew Thomas Cherry

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

represented by Joseph C Hawthorn

Hawthorn & Hawthorn
485 Milam Street
Beaumont, TX 77701
409/838-3969
Fax: 14098325611
Email: lumh@aol.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained
Disposition

MINORS - CRIMINAL
FORFEITURE
(2s)
POSSESSION OF MATERIAL
INVOLVING THE SEXUAL
EXPLOITATION OF MINORS CRIMINAL FORFEITURE
(3s)
Highest Offense Level (Opening)
Felony
Terminated Counts
None

Disposition

Highest Offense Level (Terminated)

None
Complaints
None

Disposition

Plaintiff
USA

represented by Christopher Tony Tortorice

U S Attorney's Office - Tyler
110 N. College
Ste 700
Tyler, TX 75702
409-839-2538
Fax: 409-839-2550
Email: chris.tortorice@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed

01/10/2013

2 SEALED INDICTMENT as to Sealed1 (1) count(s) 1. (bjc) (Entered:

01/11/2013)

01/10/2013

3 E-GOV SEALED Form AO 257 filed as to Sealed1 (bjc) (Entered:

01/11/2013)

04/08/2013

Docket Text

NOTICE OF HEARING as to Alton Ray McKenzie. Initial Appearance

set for 4/23/2013 at 2:00 PM in Ctrm 6 (Beaumont) before Magistrate
Judge Keith F. Giblin. (sal) (Entered: 04/08/2013)

04/08/2013

Terminate Deadlines and Hearings as to Sealed1: NOTICE DOCKETED

IN WRONG CASE NUMBER. (sal) (Entered: 04/08/2013)

04/23/2013

5 MOTION for Detention by USA as to Sealed1. (ksd) (Entered:

04/23/2013)

07/22/2014

6 ORDER OF RECUSAL of Zack Hawthorn in case as to Sealed1.. Signed

by Magistrate Judge Zack Hawthorn on 7/22/2014. (bjc, ) (Entered:
07/22/2014)

07/22/2014

Arrest of Matthew Thomas Cherry in USDC S/D FL Miami Division.

(mrp, ) (Entered: 07/23/2014)

07/22/2014

INDICTMENT UNSEALED as to Matthew Thomas Cherry. (mrp, )

(Entered: 07/23/2014)

07/25/2014

7 Rule 5(c)(3) Documents Received as to Matthew Thomas Cherry from the

Southern District of Florida, Miami Division consisting of: Docket Sheet,
Report Commencing Criminal Action, Initial Appearance Minutes,
Minutes regarding counsel, Waiver of Rule 5 hrgs, and Commitment to
Another District. (bjc, ) (Entered: 07/25/2014)

07/25/2014

8 E-GOV SEALED Arrest Warrant Returned Executed on 7/22/2014 as to

Matthew Thomas Cherry. (bjc) (Entered: 07/28/2014)

08/21/2014

08/22/2014

Attorney update in case as to Matthew Thomas Cherry. Attorney Joseph C

Hawthorn for Matthew Thomas Cherry added. (saw, ) (Entered:
08/21/2014)
9 Return of Service Executed on commitment to another district on
8/20/2014 as to Matthew Thomas Cherry. (bjc) cc: kd, tp (Entered:
08/22/2014)

08/22/2014

NOTICE OF HEARING as to Matthew Thomas Cherry. Sub. Initial

Appearance and Arraignment set for 8/27/2014 at 10:30 AM in Ctrm 6
(Beaumont) before Magistrate Judge Keith F. Giblin. (saw, ) (Entered:
08/22/2014)

08/25/2014

NOTICE RESETTING HEARING as to Matthew Thomas Cherry. Sub.

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

08/26/2014

10 MOTION for Detention by USA as to Matthew Thomas Cherry.

(Tortorice, Christopher) (Entered: 08/26/2014)

08/26/2014

11 Minute Entry for proceedings held before Magistrate Judge Keith F.

Giblin: Initial Appearance and Arraignment as to Matthew Thomas Cherry

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

Appearance Through Counsel entered by Joseph C Hawthorn on behalf of

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

08/26/2014

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

08/26/2014

12 ORDER OF DETENTION pending trial as to Matthew Thomas Cherry.

Signed by Magistrate Judge Keith F. Giblin on 8/26/2014. (bjc) (Entered:
08/26/2014)

08/26/2014

13 ORDER - PRETRIAL DISCOVERY & INSPECTION as to Matthew

Thomas Cherry. Signed by Magistrate Judge Keith F. Giblin on
8/26/2014. (bjc) (Entered: 08/26/2014)

08/26/2014

14 ORDER as to Matthew Thomas Cherry setting Final Pretrial Conference

for 10/20/2014 09:00 AM in Ctrm 1 (Beaumont) before Judge Thad
Heartfield.. Signed by Magistrate Judge Keith F. Giblin on 8/26/2014.
(bjc) (Entered: 08/26/2014)

09/03/2014

15 FIRST SUPERSEDING INDICTMENT as to Matthew Thomas Cherry

(1) count(s) 1s, 2s, 3s. (bjc) (Entered: 09/04/2014)

09/03/2014

16 E-GOV SEALED Form AO 257 filed as to Matthew Thomas Cherry (bjc)

(Entered: 09/04/2014)

09/04/2014

Set/Reset Hearings as to Matthew Thomas Cherry: Arraignment on first

superseding indictment set for 9/22/2014 10:30 AM in Ctrm 6 (Beaumont)
before Magistrate Judge Keith F. Giblin. (bjc) (Entered: 09/04/2014)

09/05/2014

NOTICE RESETTING HEARING as to Matthew Thomas Cherry. Sub.

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

09/12/2014

19 E-GOV SEALED Summons Returned Executed on 9/8/14 as to Matthew

Thomas Cherry. (mrp, ) (Entered: 09/15/2014)

09/16/2014

20 Minute Entry for proceedings held before Magistrate Judge Keith F.

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

10/07/2014

21 NOTICE OF HEARING as to Matthew Thomas Cherry Final Pretrial

Conference set for 10/20/2014 09:00 AM in Ctrm 1 (Beaumont) before
Judge Thad Heartfield. Jury Selection set for 10/21/2014 09:00 AM in
Ctrm 1 (Beaumont) before Judge Thad Heartfield.(jmv, ) (Entered:
10/07/2014)

10/14/2014

22 MOTION to Continue by Matthew Thomas Cherry. (Attachments:

# 1 Order)(Hawthorn, Joseph) (Entered: 10/14/2014)

10/14/2014

23 ORDER TO CONTINUE - Ends of Justice as to Matthew Thomas Cherry.

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

11/13/2014

24 MOTION to Continue by Matthew Thomas Cherry. (Attachments:

# 1 Text of Proposed Order)(Hawthorn, Joseph) (Entered: 11/13/2014)

11/14/2014

25 ORDER TO CONTINUE - Ends of Justice as to Matthew Thomas Cherry.

Time is excluded from 11/13/14 until 12/15/14. This order
grants 24 Motion to Continue. Jury Trial reset for 12/15/2014. Signed by
Judge Thad Heartfield on 11/14/14. (tkd, ) (Entered: 11/14/2014)

11/24/2014

26 NOTICE OF HEARING as to Matthew Thomas Cherry Final Pretrial

Conference set for 12/15/2014 09:00 AM in Ctrm 1 (Beaumont) before
Judge Thad Heartfield. Jury Selection set for 12/16/2014 09:00 AM in
Ctrm 1 (Beaumont) before Judge Thad Heartfield.(jmv, ) (Entered:
11/24/2014)

12/09/2014

NOTICE OF HEARING as to Matthew Thomas Cherry. Change of Plea

Hearing set for 12/17/2014 at 3:00 PM in Ctrm 6 (Beaumont) before
Magistrate Judge Keith F. Giblin. (saw, ) (Entered: 12/09/2014)

12/09/2014

27 ORDER as to Matthew Thomas Cherry referring plea to Magistrate Judge

Keith Giblin. Signed by Judge Thad Heartfield on 12/9/2014. (bjc, )
(Entered: 12/09/2014)

12/15/2014

28 ELEMENTS of the Offense by USA as to Matthew Thomas Cherry

(Tortorice, Christopher) (Entered: 12/15/2014)

12/17/2014

29 ELEMENTS of the Offense by USA as to Matthew Thomas Cherry

(Tortorice, Christopher) (Entered: 12/17/2014)

12/17/2014

30 First MOTION for Forfeiture of Property by USA as to Matthew Thomas

Cherry. (Attachments: # 1 Text of Proposed Order)(Tortorice,
Christopher) (Entered: 12/17/2014)

12/17/2014

31 Minute Entry for proceedings held before Magistrate Judge Keith F.

Giblin: Change of Plea Hearing as to Matthew Thomas Cherry held on
12/17/2014. Deft appeared w/cnsl and informed of rights. Plea entered by
Matthew Thomas Cherry (1) Guilty Count 3s of the Superseding
Indictment. Deft remanded to custody of USM. (Court Reporter T Piper Ecro.) (bjc, ) (Entered: 12/18/2014)

12/17/2014

32 CONSENT to Administration of Guilty Plea and Fed.R.Crim.P.11

Allocution by U.S. Magistrate Judge by Matthew Thomas Cherry (bjc, )
(Entered: 12/18/2014)

12/17/2014

33 SEALED PLEA AGREEMENT as to Matthew Thomas Cherry (bjc, )

(Entered: 12/18/2014)

12/17/2014

34 SEALED Factual Basis and Stipulation by USA as to Matthew Thomas

Cherry. (bjc, ) (Entered: 12/18/2014)

12/17/2014

36 REPORT AND RECOMMENDATIONS on Plea of Guilty as to Matthew

Thomas Cherry. Signed by Magistrate Judge Keith F. Giblin on
12/17/2014. (bjc, ) (Entered: 12/18/2014)

12/18/2014

35 PRELIMINARY ORDER of Forfeiture as to Matthew Thomas Cherry (1).

Signed by Judge Thad Heartfield on 12/18/2014. (bjc, ) (Entered:
12/18/2014)

01/05/2015

37 ORDER as to Matthew Thomas Cherry adopting the 36 Findings of Fact

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

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01/29/2015 12:20:30
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Docket Report

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