Case Details

CourtEastern District of Kentucky
Docket number5:08-cr-00135
Date case filed2008-06-12
Date case closed2010-06-03
Date of latest filing2010-11-15
Assigned toJudge Karen K. Caldwell
Case cause
Nature of suit
Jury demand
Demand
Jurisdiction

Case Parties

Party: Scott Tyree
Party type: Defendant (3)
TERMINATED: 06/03/2010
Attorney name: Fred E. Peters
Attorney Contact:
Fred Peters Law Office
226 E. High Street
P.O. Box 2043
Lexington, KY 40588-2043
859-255-7857
Fax: 859-254-0767
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Retained

Case Docket

Docket
Item
Date FiledDocument
Available
Short
Description
Long Description
12008-06-12 IndictmentINDICTMENT as to John McQueen (1) count(s) 1, 2, 3, 5, 6, Clarence McCoy (2) count(s) 1, 7, 8, Scott Tyree (3) count(s) 1, 7, 8, Anthony Estep (4) count(s) 1, 4, Kristine Lafoe (5) count(s) 1. (JMW) (Entered: 06/13/2008)
42008-06-12 Motion for SummonsMOTION for Summons by USA as to Scott Tyree. (JMW) (Entered: 06/13/2008)
92008-06-12 OrderORDER as to Scott Tyree re 4 MOTION for Summons by USA (1) said motion is GRANTED, and Summons shall be ISSUED for dft to appear on 6/23/2008 at 9:30 AM (in Lexington before Magistrate Judge James B Todd), and shall DIRECT the dft to contact the USPO within 48 hrs of receipt of summons. Signed by Magistrate Judge Timothy S. Brack on 6/12/08. (JMW)cc: COR,USM,USP,D (Entered: 06/13/2008)
182008-06-23 Notice of Attorney Appearance - USANOTICE OF ATTORNEY APPEARANCE Kristy L. Parker appearing for USA. (Parker, Kristy) (Entered: 06/23/2008)
202008-06-19 Summons Returned ExecutedSummons Returned Executed on 6/16/2008 as to Scott Tyree (STB) (Entered: 06/24/2008)
262008-06-24 ArraignmentMINUTE ENTRY FOR ARRAIGNMENT as to Scott Tyree (3) Count 1,7-8 held on 6/23/2008 before Magistrate Judge James B Todd: Copy indictment given to dft; Dft waives formal arraignment; Dft waives reading of indictment; Dft pleads not guilty to all counts; MOTION HEARING set for set for 7/11/2008 at 9:00 AM before Magistrate Judge James B Todd; PRETRIAL CONFERENCE set for 7/23/2008 at 2:00 PM before Judge Karen K. Caldwell; JURY TRIAL set for 8/18/2008 at 9:00 AM before Judge Karen K. Caldwell for 2 weeks; Dft released pursuant to separate order of release.(Court Reporter ANN BANTA.) (STB)cc: COR,USM,USP,D,JC (Entered: 06/24/2008)
292008-06-24 OrderORDER re discovery as to John McQueen, Clarence McCoy, Scott Tyree, Anthony Estep, Kristine Lafoe. Signed by Magistrate Judge James B Todd on 6/24/2008. (STB)cc: COR,USP (Entered: 06/24/2008)
302008-06-23 Order Setting Conditions of ReleaseORDER Setting Conditions of Release as to John McQueen, Scott Tyree, Clarence McCoy, Anthony Estep, Kristine Lafoe. Signed by Magistrate Judge James B Todd on 6/23/2008. (STB)cc: COR,USM,USP (Entered: 06/24/2008)
372008-07-03 Jencks Act materialMOTION for Jencks Act material Evidence as to Scott Tyree. (Peters, Fred) (Additional attachment(s) added on 7/9/2008: # 1 Proposed Order) (AKR). (Entered: 07/03/2008)
382008-07-03 Motion for Release of Brady MaterialsREQUEST for Release of Brady Materials Evidence as to Scott Tyree. (Peters, Fred) Modified text to reflect "Request" on 7/7/2008 (CBD). (Entered: 07/03/2008)
392008-07-03 Request for DiscoveryREQUEST FOR DISCOVERY by Scott Tyree Under Rule 16(a) (Peters, Fred) (Entered: 07/03/2008)
402008-07-03 Notice of Intent to Use EvidenceNOTICE of Intent to Use Evidence by Scott Tyree Request Notice Rule 404(b) (Peters, Fred) (Entered: 07/03/2008)
432008-07-03 Response to MotionRESPONSE to Motion by USA as to John McQueen, Clarence McCoy, Scott Tyree, Anthony Estep, Kristine Lafoe re 37 MOTION for Jencks Act material Evidence, 34 INITIAL MOTION for Jencks Act material, 33 INITIAL MOTION for Release of Brady Materials, 38 MOTION for Release of Brady Materials Evidence (Parker, Kristy) (Entered: 07/03/2008)
462008-07-08 Notice of FilingNOTICE OF FILING re 37 MOTION for Jencks Act material Evidence (Attachments: # 1 Order)(Peters, Fred) (Entered: 07/08/2008)
492008-07-08 OrderORDER as to Scott Tyree: MOTION HEARING set for 7/11/2008 is SET ASIDE. Signed by Magistrate Judge James B Todd on 7/8/2008. (STB)cc: COR,USM,USP,D (Entered: 07/08/2008)
522008-07-23 Motion to ContinueINCORRECTLY FILED MOTION to Continue by Anthony Estep Motion to Declare Case Complex as to John McQueen, Clarence McCoy, Scott Tyree, Anthony Estep, Kristine Lafoe. (Attachments: # 1 Proposed Order)(Butler, Brian) Modified on 7/24/2008 (RJD). (Entered: 07/23/2008)
532008-07-23 Motion to ContinueINCORRECTLY FILED FIRST MOTION to Continue by Anthony Estep as to John McQueen, Clarence McCoy, Scott Tyree, Anthony Estep, Kristine Lafoe. (Attachments: # 1 Proposed Order)(Butler, Brian) Modified on 7/24/2008 (RJD). (Entered: 07/23/2008)
562008-07-23 Order on Motion for OrderMINUTE ENTRY FOR PRETRIAL CONFERENCE as to John McQueen, Clarence McCoy, Scott Tyree, Anthony Estep, Kristine Lafoe held on 7/23/2008 before Judge Karen K. Caldwell: 1) jury trial set for 8/18/2008 is hereby CANCELED 2) Defendants' oral motion to continue and set a new pretrial conference is GRANTED. A preliminary pretrial conference is hereby set for 11/12/2008, at 2:30 p.m., at Lexington, Ky 3) Defendants' oral motion to extend motion filing deadline to 30 days prior to pretrial conference is GRANTED 4) Defendant Estep's motion to declare this case complex, there being no objections by the government & all co-defendants, by counsel, having orally joined motion, said motion is hereby GRANTED 5) This matter is set for Jury Trial on 1/26/2009, at 9:00 a.m., at Lexington, Ky. Trial is expected to take 3 weeks. (granting 55 Motion to Continue filed by Anthony Estep (4)) (CBD)cc: COR,USM,USP, diary, jury clerk (Entered: 07/24/2008)
592008-08-05 Order on Motion for Jencks Act materialORDER as to Scott Tyree (3): Dft's 37 Motion for Jencks Act Material is GRANTED & Dft receive any Jencks Act material. Signed by Judge Karen K. Caldwell on 8/5/2008. (STB)cc: COR,USP (Entered: 08/06/2008)
602008-10-16 OrderORDER as to John McQueen, Clarence McCoy, Scott Tyree, Anthony Estep, Kristine Lafoe: IT IS ORDERED that the Jury Trial is RESCHEDULED for 2/2/2009 at 09:00 AM in Lexington before Judge Karen K. Caldwell. Signed by Judge Karen K. Caldwell on 10/16/2008. (GLD)cc: COR,USM,USP,JC,D (Entered: 10/16/2008)
612008-10-16 Motion to CompelFIRST MOTION to Compel by Anthony Estep as to John McQueen, Clarence McCoy, Scott Tyree, Anthony Estep, Kristine Lafoe. (Attachments: # 1 Proposed Order)(Butler, Brian) (Entered: 10/16/2008)
622008-10-21 Motion to RemandMOTION to Remand by Anthony Estep as to motion to compel as issue is resolved as to John McQueen, Clarence McCoy, Scott Tyree, Anthony Estep, Kristine Lafoe. (Attachments: # 1 Proposed Order)(Butler, Brian) (Entered: 10/21/2008)
642008-11-13 Pretrial ConferenceORDER/MINUTE ENTRY FOR PRETRIAL CONFERENCE as to John McQueen, Clarence McCoy, Scott Tyree, Anthony Estep, Kristine Lafoe held on 11/12/2008 before Judge Karen K. Caldwell: (1) IT IS ORDERED that the trial scheduled for 2/2/2009 is SET ASIDE AND CANCELED; (2) Pretrial Conference set for 5/14/2009 at 10:00 AM in Lexington before Judge Karen K. Caldwell; (3) Jury Trial set for 6/8/2009 in 09:00 AM in Lexington before Judge Karen K. Caldwell; counsel to be present at 8:30 a.m.;(4) dfts shall remain on same terms and conditions of release as previously imposed by Court. Signed by Judge Karen K. Caldwell. (Court Reporter RHONDA SANSOM.) (GLD)cc: COR,USM,USP,JC,D (Entered: 11/13/2008)
652008-11-14 Notice (Other)NOTICE of Attorney Withdrawal by USA as to John McQueen, Clarence McCoy, Scott Tyree, Anthony Estep, Kristine Lafoe (Arehart, James) (Entered: 11/14/2008)
672009-04-08 Request for DiscoveryREQUEST FOR DISCOVERY by John McQueen, Clarence McCoy, Scott Tyree, Anthony Estep, Kristine Lafoe Request for Expert Witness Disclosure (Butler, Brian) (Entered: 04/08/2009)
682009-04-09 OrderORDER as to John McQueen, Clarence McCoy, Scott Tyree, Anthony Estep, Kristine Lafoe: JURY TRIAL set for 6/8/2009 is RESCHEDULED to 6/15/2009 in LEXINGTON before Judge Karen K. Caldwell; any objections filed in writing w/in 10 days. Signed by Judge Karen K. Caldwell on 4/9/2009. (STB)cc: COR,USM,USP,D,JC (Entered: 04/10/2009)
692009-04-12 Motion to SuppressINCORRECTLY FILED MOTION to Suppress by Anthony Estep as to John McQueen, Clarence McCoy, Scott Tyree, Anthony Estep, Kristine Lafoe. (Attachments: # 1 Proposed Order)(Butler, Brian) Modified text on 4/13/2009 (STB). (Entered: 04/12/2009)
732009-04-13 Motion for Miscellaneous ReliefINCORRECTLY FILED MOTION to adopt Co-Defendant Lafoe's Motion to Compel Discovery re 71 INITIAL MOTION to Compel Discovery by Anthony Estep as to John McQueen, Clarence McCoy, Scott Tyree, Anthony Estep, Kristine Lafoe. (Attachments: # 1 Proposed Order)(Butler, Brian) Modified text on 4/14/2009 (STB). (Entered: 04/13/2009)
752009-04-14 Motion for DiscoveryINCORRECTLY FILED MOTION for Discovery by Scott Tyree as to John McQueen, Clarence McCoy, Scott Tyree, Anthony Estep, Kristine Lafoe. (Peters, Fred) Modified text on 4/15/2009 (STB). (Entered: 04/14/2009)
762009-04-14 Motion for OrderPROPOSED Order as to Scott Tyree. (Peters, Fred) Modified text on 4/15/2009 (STB). (Entered: 04/14/2009)
772009-04-14 Request for DiscoveryREQUEST FOR DISCOVERY by Scott Tyree Expert Disclosures (Peters, Fred) (Entered: 04/14/2009)
782009-04-14 Motion for DiscoveryINCORRECTLY FILED MOTION for Discovery by John McQueen as to John McQueen, Clarence McCoy, Scott Tyree, Anthony Estep, Kristine Lafoe. (Attachments: # 1 Proposed Order)(Rapp, Jason) Modified text on 4/15/2009 (STB). (Entered: 04/14/2009)
822009-04-14 Notice of Attorney Appearance - USANOTICE OF ATTORNEY APPEARANCE Benjamin Joseph Hawk appearing for USA. Jared Fishman and Benjamin Hawk appearing for USA. Kristy Parker withdrawing appearance for USA. (Hawk, Benjamin) (Entered: 04/14/2009)
852009-04-14 Motion for DiscoveryMOTION to adopt co-defendant's Motion to Compel Discovery as to Scott Tyree. (Attachments: # 1 Proposed Order) (Filed pursuant to QC of 75 )(STB) (Entered: 04/15/2009)
872009-04-24 Motion for Miscellaneous ReliefMOTION to Reschedule Pretrial Hearing by USA as to John McQueen, Clarence McCoy, Scott Tyree, Anthony Estep, Kristine Lafoe. (Attachments: # 1 Proposed Order)(Hawk, Benjamin) (Entered: 04/24/2009)
902009-04-28 OrderORDER as to John McQueen, Clarence McCoy, Scott Tyree, Anthony Estep, Kristine Lafoe: 87 MOTION to Reschedule Pretrial Hearing is GRANTED; PRETRIAL CONFERENCE set for 5/14/2009 at 10:00 AM is RESCHEDULED to 5/14/2009 at 2:00 PM in LEXINGTON before Judge Karen K. Caldwell. Signed by Judge Karen K. Caldwell on 4/28/2009. (STB)cc: COR,USM,USP,D (Entered: 04/28/2009)
912009-05-06 Motion to ContinueMOTION to Continue as to Scott Tyree. (Peters, Fred) (Entered: 05/06/2009)
932009-05-06 Motion to ContinueINCORRECTLY FILED MOTION to Continue by Anthony Estep as to John McQueen, Clarence McCoy, Scott Tyree, Anthony Estep, Kristine Lafoe. (Attachments: # 1 Proposed Order)(Butler, Brian) Modified text on 5/7/2009 (STB). (Entered: 05/06/2009)
952009-05-08 Response to MotionRESPONSE to Motion by USA as to Scott Tyree, Anthony Estep re 91 MOTION to Continue, 94 MOTION to Continue (Hawk, Benjamin) (Entered: 05/08/2009)
1012009-05-12 Motion for RearraignmentMOTION for Rearraignment as to Scott Tyree. (Attachments: # 1 Proposed Order)(Peters, Fred) (Entered: 05/12/2009)
1022009-05-14 OrderORDER as to Scott Tyree re 101 MOTION for Rearraignment filed - REARRAIGNMENT set for 5/14/2009 02:00 PM before Judge Karen K. Caldwell. Signed by Judge Karen K. Caldwell on 5/14/09. (KJR)cc: COR,USM,USP,JC,D (Entered: 05/14/2009)
1032009-05-14 Plea Agreement AcceptedPLEA AGREEMENT Accepted as to Scott Tyree. cc: COR,USP (STB) (Entered: 05/18/2009)
1042009-05-18 RearraignmentMINUTE ENTRY FOR REARRAIGNMENT as to Scott Tyree held on 5/14/2009 before Judge Karen K. Caldwell: Fred E. Peters appeared as RETAINED counsel of record. Copy indictment previously given to dft; dft states true name is Scott Arnold Tyree; dft formally arraigned & advised of rights; dft moves to change plea on Cnt 1; Court grants mtn; dft pleads guilty to Cnt 1; PLEA AGREEMENT accepted & filed; JURY TRIAL set for 6/15/2009 is SET ASIDE & CANCELED as to this dft; Court orders PSR; Dft to remain on conditions of release; Sentencing to be assigned by subsequent order. (Court Reporter RHONDA SANSOM.) Signed by Judge Karen K. Caldwell. (STB)cc: COR,USM,USP,JC,D (Entered: 05/19/2009)
1062009-05-18 OrderORDER to proceed under the Sentencing Reform Act as to Scott Tyree. Signed by Judge Karen K. Caldwell on 5/18/2009. (STB)cc: COR,USP (Entered: 05/19/2009)
1072009-05-19 OrderORDER as to Scott Tyree, SENTENCING set for 10/21/2009 at 11:30 AM in LEXINGTON before Judge Karen K. Caldwell. Signed by Judge Karen K. Caldwell on 5/18/2009. (STB)cc: COR,USM,USP,D (Entered: 05/19/2009)
1192009-09-14 Motion to ContinueMOTION to Continue Sentencing by USA as to Scott Tyree, Anthony Estep. (Attachments: # 1 Proposed Order)(Hawk, Benjamin) Modified text on 9/15/2009 (STB). (Entered: 09/14/2009)
1202009-09-15 Order on Motion to ContinueORDER: granting 119 Motion to Continue Sentencing as to Scott Tyree (3), Anthony Estep (4). Sentencing for Dfts Estep and Tyree continued until after new trial date for Dfts McQueen and McCoy. Signed by Judge Karen K. Caldwell on 9/15/2009. (STB)cc: COR,USM,USP,D (Entered: 09/15/2009)
1282010-02-10 OrderORDER as to Scott Tyree, SENTENCING set for 6/2/2010 at 10:30 AM in LEXINGTON before Judge Karen K. Caldwell. Signed by Judge Karen K. Caldwell on 2/10/2010. (STB)cc: COR,USM,USP,D (Entered: 02/10/2010)
1392010-05-19 Sealed MotionSEALED MOTION by USA as to Scott Tyree (STB) (Entered: 05/19/2010)
1402010-05-19 Sealed MotionSEALED MOTION by USA as to Scott Tyree (STB) (Entered: 05/19/2010)
1412010-05-21 OrderSEALED ORDER as to Scott Tyree. Signed by Judge Karen K. Caldwell on 5/20/2010. (GLD)cc: COR,USM,USP (Entered: 05/21/2010)
1422010-06-01 OrderORDER as to Scott Tyree: attached letters shall be filed in record. Letters from Tammy Tyree, Michelle Tyree, Mylissa Tyree, Ada Tyree, Lawrence Harris, Mary Davis-Harris, David Metts, Paster John Burchett, Jr, Drema Moreno, Dom Moreno, Rev. Hames Heard. Signed by Judge Karen K. Caldwell on 6/1/2010. (Attachments: # 1 Letters on behalf of Defendant Tyree) (STB)cc: COR,USP (Entered: 06/02/2010)
1432010-06-01 LetterLetters from Tammy Tyree, Michelle Tyree, Mylissa Tyree, Ada Tyree, Lawrence Harris, Mary Davis-Harris, David Metts, Paster John Burchett, Jr, Drema Moreno, Dom Moreno, Rev. Hames Heard on behalf of Scott Tyree (STB) (Entered: 06/02/2010)
1442010-06-02 SentencingMINUTE ENTRY for SENTENCING as to Scott Tyree held on 6/2/2010 before Judge Karen K. Caldwell: Fred E. Peters appeared as RETAINED counsel of record. Obj to PSR; Dft's obj to two level enhancement OVERRULED; Transcript deemed written findings; JGM shall be entered; Dft to remain on bond, conditions of release. Signed by Judge Karen K. Caldwell. (Court Reporter RHONDA SANSOM.) (STB)cc: COR,USM,USP (Entered: 06/04/2010)
1452010-06-02 Court Advice Re:AppealCourt Advice Re: Appeal by Scott Tyree (STB) (Entered: 06/04/2010)
1472010-06-03 JudgmentJUDGMENT UPON PLEA OF GUILTY as to Scott Tyree (3), Count(s) 1, 18 MONTHS IMPRISONMENT; 2 YEARS SUPERVISED RELEASE; $100 SPECIAL ASSESSMENT; Count(s) 7, 8, DISMISSED ON MOTION OF USA. Signed by Judge Karen K. Caldwell on 6/3/2010. (STB)(cc: Paper copy w/ NOE to COR & copy of SOR; Paper Copy to USM x 1 cert. copy; Electronic copy to USP and original SOR returned to USP; Electronic copy to Finance) (Entered: 06/04/2010)
1632010-06-02 Certificate of Audiotaped ProceedingCERTIFICATE OF OFFICIAL COURT REPORTER re Audiotaped proceeding of Sentencing as to Scott Tyree held on 6/2/2010 before Judge Karen K. Caldwell. COURT REPORTER: RHONDA SANSOM (Original audiotape maintained in Clerk's office. - SEALED BENCH CONFERENCE) (SCD) (Entered: 07/14/2010)
2032013-03-21 RECEIPT FOR PLEA AGREEMENT by USA as to Scott Tyree re 103 Plea Agreement Accepted (STB) (Entered: 03/22/2013)