Case Details

CourtSouthern District of Ohio
Docket number2:00-cr-00024
Date case filed2000-02-10
Date case closed2000-09-21
Date of latest filing
Assigned toJudge James L Graham
Case cause
Nature of suit
Jury demand
Demand
Jurisdiction

Case Parties

Party: Tracy Johnson
Party type: Defendant (2)
TERMINATED: 09/21/2000
Attorney name: Tracy Johnson
Attorney Contact:
65304-061
FCI Gilmer
PO Box 6000
Glenville, WV 26351
PRO SE


Attorney name: Richard Allen Cline
Attorney Contact:
Richard Cline & Co. LLC
580 South High Street
Suite 200
Columbus, OH 43215-5644
(614)224-4114
Fax: 614-224-3804
Email: [email protected]
TERMINATED: 11/25/2003 LEAD ATTORNEY Designation: CJA Appointment

Attorney name: Steven Scott Nolder
Attorney Contact:
Federal Public Defender
One Columbus
10 W Broad Street
Suite 1020
Columbus, OH 43215-3419
614-469-2999
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Public Defender or Community Defender Appointment

Case Docket

Docket
Item
Date FiledDocument
Available
Short
Description
Long Description
12000-02-02 COMPLAINT Mag. Judge Duty Magistrate: Knowingly and intentionally distribute cocaine base, commonly referred to as crack, a schedule II narcotic controlled substance, and did so while armed with a firearm [ 2:00-m -35 ] (tto) (Entered: 02/02/2000)
22000-02-02 MINUTES: before Mag. Judge Duty Magistrate: Initial appearance held for Tracy Johnson, defendant advised of rights, charges and penalties preliminary exam set for 2/4/00 at 3:00 p.m. detention hearing set for 2/4/00 at 3:00 p.m. as to Tracy Johnson [ 2:00-m -35 ] (tto) (Entered: 02/04/2000)
32000-02-02 ORDER of Temporary Detention of Tracy Johnson by Mag. Judge Duty Magistrate [ 2:00-m -35 ] (tto) (Entered: 02/04/2000)
42000-02-02 FINANCIAL AFFIDAVIT of Tracy Johnson for appointment of counsel [ 2:00-m -35 ] (tto) (Entered: 02/04/2000)
52000-02-03 APPEARANCE of Attorney for Tracy Johnson by Neil William Rosenberg (appointed) [ 2:00-m -35 ] (tto) (Entered: 02/04/2000)
62000-02-04 ARREST Warrant returned executed as to Tracy Johnson 2/2/00 [ 2:00-m -35 ] (tto) (Entered: 02/04/2000)
72000-02-04 MINUTES: before Mag. Judge Duty Magistrate preliminary exam held probable cause found detention hearing held defendant detained pending trial as to Tracy Johnson , first appearance of Tracy Johnson Attorney [ 2:00-m -35 ] (tto) (Entered: 02/07/2000)
82000-02-07 ORDER of Detention of Tracy Johnson pending trial by Mag. Judge Duty Magistrate [ 2:00-m -35 ] (tto) (Entered: 02/07/2000)
92000-02-10 INDICTMENT by USA charging defendant Myron Clark in counts 1, 4, 5, 6, 7, 8 and 9 and charging defendant Tracy Johnson in counts 1, 2, 3, 4 and 5 (bw) (Entered: 02/22/2000)
102000-02-17 MINUTES: defts appearend before Judge James L. Graham for arraignment dfts Myron Clark and Tracy Johnson entered a not guilty plea and their cases was set for trial on 3-20-00 at 9:00 a.m. (bw) (Entered: 02/22/2000)
112000-02-17 ORDER by Judge James L. Graham jury trial set at 9:00 a.m. on 3-20-00 as to Myron Clark, Tracy Johnson (cc: all counsel) (bw) (Entered: 02/22/2000)
152000-02-22 MOTION for order to examine exculpatory and mitigatory material by Tracy Johnson (bw) (Entered: 02/23/2000)
162000-02-22 MOTION to compel disclosure of all informants by Tracy Johnson (bw) (Entered: 02/23/2000)
172000-02-22 MOTION for order to preserve evidence by Tracy Johnson (bw) (Entered: 02/23/2000)
182000-02-22 REQUEST for notice of intention to use evidence by defendant Tracy Johnson (bw) (Entered: 02/23/2000)
192000-02-22 REQUEST for pretrial notice of other acts evidence by defendant Tracy Johnson (bw) (Entered: 02/23/2000)
202000-02-23 Warrant returned executed as to Myron Clark, Tracy Johnson (bw) (Entered: 02/28/2000)
242000-03-03 MOTION for order to vacated the current trial date and continue the date by Myron Clark, Tracy Johnson (bw) (Entered: 03/06/2000)
252000-03-08 MOTION for order to adopty the motion for deft Clark for a bill of particulars and to strike surplusage from indictment by Tracy Johnson (bw) (Entered: 03/10/2000)
262000-03-13 ORDER by Judge James L. Graham granting motion for order to vacated the current trial date and continue the date [24-1] jury trial rescheduled to 5-1-00 9 a.m. as to Myron Clark and Tracy Johnson (cc: all counsel) (bw) (Entered: 03/14/2000)
272000-03-14 RESPONSE by USA to Request for discovery, notice of intention, pre-trial notice, reciprocal discovery and prod of exculpatory evidence filed by defts (bw) (Entered: 03/17/2000)
342000-04-13 ORDER by Judge James L. Graham granting motion for a bill of particulars [23-1] denying motion to strike the nature of defts prior convictions from indictment [21-1] denying motion to withdraw attorney [32-1], denying motion to sever count 8 from the indictment [22-1] denying motion for order to adopty the motion for deft Clark for a bill of particulars and to strike surplusage from indictment [25-1] finding the request motion for pretrial notice of other acts evidence by defendant Tracy Johnson [19-1] ahd the request motion for notice of intention to use evidence by defendant Tracy Johnson [18-1] and the request motion for discovery by defendant Myron Clark [14-1] and the request motion for notice of intention of other evidence to be used at trialby defendant Myron Clark [13-1] moot, denying motion for order to preserve evidence [17-1] denying motion to compel disclosure of all informants [16-1] denying motion for order to examine exculpatory and mitigatory material [15-1], denying motion to produce exculpatory evidence [12-1] (cc: all counsel) (bw) (Entered: 04/14/2000)
392000-04-25 ORDER by Judge James L. Graham granting request for ex parte order for issuance and service of trial subpoenas by defendant Myron Clark [38-1] (cc: all counsel) (bw) (Entered: 05/01/2000)
412000-04-25 ORDER by Judge James L. Graham granting motion for order to seal the writ of temp custody [40-1] (cc: all counsel) (bw) (Entered: 05/01/2000)
442000-04-28 PROPOSED Jury Instructions by defendant Tracy Johnson (bw) (Entered: 05/01/2000)
452000-05-01 STIPULATION between the USA and deft Clark re: prior conviction element in Ct 8 of the Indictment (bw) (Entered: 05/01/2000)
462000-05-01 MINUTES: before Judge James L. Graham jury trial began in the cases of Myron Clark and Tracy Johnson (bw) (Entered: 05/02/2000)
472000-05-02 MINUTES: day 2 of the jury trial continued before Judge James L. Graham with presentation of the gov't case. Pat Shaw reporting. (bw) (Entered: 05/03/2000)
482000-04-03 MINUTES: day 3 of the jurty trial continued before Judge James L. Graham with presentation of the gov't case. Pat Shaw reporting. (bw) (Entered: 05/04/2000)
492000-05-04 MINUTES: day 4 of the jury trial continued before Judge James L. Graham. The gov't rested its case, defts oral Rule 29 motions were denied. The Court reserved ruling on the Rule 29 motion of deft Johnson as to Count 5. The Court ruled on all of the gov't exhibits and the defense exhibits. Pat Shaw reporting. (bw) (Entered: 05/05/2000)
502000-05-05 MINUTES: defts rest and made rule 29 motions before Judge James L. Graham. all rule 29 motions were denied, closing arguments were heard and the charge was given. Deliberations began and continued until 4:30 and the jury did reach a verdict. Pat Shaw reporting. (bw) (Entered: 05/08/2000)
522000-05-05 VERDICT of guilty against deft Tracy Johnson on counts 1,2,3,4 and 5. Deft referred for PSI and continued detained until sentencing. (bw) (Entered: 05/08/2000)
552000-06-09 ORDER by Judge James L. Graham denying deft Myron Clark's motion for new trial [53-1] (cc: all counsel) (bw) (Entered: 06/09/2000)
572000-06-27 ORDER by Judge James L. Graham granting motion to extend time to file objections to the PSI [56-1] (cc: all counsel) (bw) (Entered: 06/27/2000)
592000-08-18 NOTICE sentencing hearing set at 1:30 on 9-21-00 as to Tracy Johnson (cc: all counsel, US Attorney, US Probation, US Marshal, Pre-trial Services) (bw) (Entered: 08/18/2000)
602000-09-14 SENTENCING memorandum & Motion for downward departure by Tracy Johnson (bw) (Entered: 09/18/2000)
612000-09-21 MINUTES: before Judge James L. Graham sentencing Tracy Johnson to 77 months incarceration on counts 1,2 and 4 to run concurrently, 84 months incarceration on count 3 to run consecutively to the sentence imposed in counts 1,2 and 4 and 300 months incarceration on count 5 to run consecutively to the sentence imposed in counts 1,2 and 4. Supv release 3 years on counts 1,2 and 4 and 5 years on counts 3 and 5 to run concurrently. Deft to pay spec assessments totaling $500.00 (bw) (Entered: 09/21/2000)
622000-09-21 MINUTES: before Judge James L. Graham sentencing Myron Clark to 110 month incarceration on counts 1,4,6,8 and 9 to run concurrently, 84 months incarceration on count 5 to run consecutively to the sentence on counts 1,4,6,8 and 9, and 300 months incarceration on count 7 to run consecutively to the sentence imposed on count 1,4,6,8,9 and 5. The deft to be on supv rel for 3 yrs on counts 1,4,6,8,9 and 5 yrs on counts 5 and 7 to run concurrently and deft to pay spec assessments of $700.00 , case terminated (bw) (Entered: 09/21/2000)
632000-09-21 ORDER by Judge James L. Graham allowing the FPD to withdraw as counsel for the deft Myron Clark. New counsel to be appointed for the appeal. (cc: all counsel) (bw) (Entered: 09/22/2000)
642000-09-21 ORDER by Judge James L. Graham allowing Neil Resenberg to withdraw as counsel for the deft Tracy Johnson and appointing Richard Cline to representing the deft. (cc: all counsel) (bw) (Entered: 09/22/2000)
662000-09-22 JUDGMENT and Commitment for Tracy Johnson by Judge James L. Graham issued to counsel, US Attorney, US Probation, US Marshal, Pre-trial Services (bw) (Entered: 09/22/2000)
682000-09-22 NOTICE OF APPEAL to Circuit Court by defendant Tracy Johnson [66-1] re: the judgment of 9/22/00 () (bw) (Entered: 09/22/2000)
692000-10-13 MOTION for order allowing excess fees for counsel by Tracy Johnson (bw) (Entered: 10/20/2000)
702000-10-24 MOTION for order allowing copy of trial transcript by Tracy Johnson (bw) (Entered: 10/25/2000)
712000-10-26 ORDER by Judge James L. Graham granting motion for order allowing copy of trial transcript [70-1] (cc: all counsel) (bw) (Entered: 10/26/2000)
722002-07-17 MANDATE/ORDER from USCA affirming the decision of the District Court re: the appeal of both defts Clark and Johnson. Information copy not received to date. (cc: all counsel, US Atty, US Marshall) (bw) (Entered: 07/17/2002)
732002-06-25 INFORMATION COPY of USCA 6th: affirming the USDC on the appeals of deft Clark and Johnson (bw) (Entered: 09/11/2002)
742002-10-11 NOTICE of docketing the petitino for a writ of certioraro by the US Supreme Court in the case of Tracy Johnson (bw) (Entered: 10/15/2002)
752002-10-11 NOTICE of docketing the of petition for a writ of certiorari in the US Supreme court in the case of Myron Clark (bw) (Entered: 10/15/2002)
762002-10-28 NOTICE by plaintiff US Supreme Court denying the petition of Myron Clark for a writ of certiorari (bw) (Entered: 10/29/2002)
772003-01-27 NOTICE of USSC denying the petition for a writ of certiorari requested by deft Johnson (bw) (Entered: 01/28/2003)
822003-12-23 MOTION to Vacate under 28 U.S.C. 2255 ( Civil Action 2:03cv1230.) by Tracy Johnson. (Attachments: # 1 Memoandum in support of 2255 Motion)(jm, ) (Entered: 12/23/2003)
832003-12-23 MOTION to Consolidate 2255 Petition by Tracy Johnson. (jm, ) (Entered: 12/23/2003)
842003-12-23 United States is ordered to answer the petition within (20) days.. Signed by Judge Norah McCann King on 12/22/03. (jm, ) (Entered: 12/23/2003)
852003-12-22 MOTION by deft Johnson to Amend his 2255 petition ( Civil Action 2:03cv1230.) (bw, ) (Entered: 12/30/2003)
862004-01-13 RESPONSE to Motion by USA as to Tracy Johnson re 82 MOTION to Vacate under 28 U.S.C. 2255 ( Civil Action 2:03cv1230.) Request to Hold in Abeyance (Spartis, Gary) (Entered: 01/13/2004)
882004-01-26 REPLY TO RESPONSE to Motion by Tracy Johnson re 82 MOTION to Vacate under 28 U.S.C. 2255 ( Civil Action 2:03cv1230.) (bw) (Entered: 01/26/2004)
932004-03-29 NOTICE of change of address from Tracy Johnson (bw, ) (Entered: 04/01/2004)
952004-04-21 ORDER - petitioner is ordered to file an express waiver of his attorney-client privilege within 10 days of the date of this order. Failure to do so may result in dismissal of petitioner's claims of ineffective assistance of counsel. Petitioner's request for the appointment of counsel is denied without prejudice to renewal at a later date. Respondent's request for an extension of time to file the return of writ is granted. Respondent is ordered to file the return of writ within 30 days of petitioner's waiver of his attorney-client privilege or petitioner's failure to do so within the allotted time frame. Petitioner's unopposed 12/22/2003 request to amend the petition 85 is granted. Petitioner's request for consolidation 83 is denied.. Signed by Judge Norah McCann King on 4/21/04. (jdm, ) . Signed by Judge Norah McCann King on 4/21/04. (jdm, ) (Entered: 04/21/2004)
972004-04-28 MOTION of waiver/Appointment of new Counsel by Tracy Johnson. (bw) (Entered: 04/28/2004)
982004-05-03 ORDER denying 97 Motion to Appoint Counsel without prejudice to renewal at a later stage as to Tracy Johnson (2). . Signed by Judge Norah McCann King on 4/30/04. (jdm, ) (Entered: 05/03/2004)
1002004-05-19 MOTION for Extension of Time to File Response/Reply as to 82 MOTION to Vacate under 28 U.S.C. 2255 ( Civil Action 2:03cv1230.) by USA as to Tracy Johnson. (Spartis, Gary) (Entered: 05/19/2004)
1012004-05-21 ORDER granting 100 respondent's Motion for Extension of Time until 7/2/2004 to File Response/Reply to the petitioner's motion to vacate. Signed by Judge Norah McCann King on 5/21/04. (jdm, ) (Entered: 05/21/2004)
1042004-07-02 RESPONSE to Motion by USA as to Tracy Johnson re 82 MOTION to Vacate under 28 U.S.C. 2255 ( Civil Action 2:03cv1230.) (Attachments: # 1 Affidavit)(Spartis, Gary) (Entered: 07/02/2004)
1062004-07-14 MOTION for Leave to File a traverse/reply to governments response by Tracy Johnson. (bw) (Entered: 07/15/2004)
1072004-07-20 ORDER granting 106 Petitioner's Motion for extension of time to file a traverse/reply to the government's response as to Tracy Johnson (2). Response is due by 8/2/2004. Signed by Judge Norah McCann King on 7/20/04. (jdm, ) (Entered: 07/20/2004)
1082004-08-02 REPLY/Traverse to Governments Answer by Tracy Johnson re 82 MOTION to Vacate under 28 U.S.C. 2255 ( Civil Action 2:03cv1230.) (bw) (Entered: 08/03/2004)
1172004-12-13 REPORT AND RECOMMENDATIONS as to Tracy Johnson re 82 MOTION to Vacate under 28 U.S.C. 2255 ( Civil Action 2:03cv1230.) The Magistrate Judge recommends that this action be dismissed. Petitioner's request for an evidentiary hearing is denied. Objections to R&R due by 12/31/2004. Signed by Judge Norah McCann King on 12/13/04. (jdm, ) (Entered: 12/13/2004)
1182004-12-27 MOTION for Extension of Time to File Response/Reply as to 117 REPORT AND RECOMMENDATIONS as to Tracy Johnson re 82 MOTION to Vacate under 28 U.S.C. 2255 ( Civil Action 2:03cv1230.) New date requested 1/20/2005. by Tracy Johnson. (jm) (Entered: 12/28/2004)
1192004-12-29 ORDER granting 118 Motion for Extension of Time to File Response/Reply as to Tracy Johnson (2). Petirioner is hereby GRANTED an extension of time to January 20, 2005, in which to file his response to the Magistrate Judge's Report and Recommendation.. Signed by Judge Norah McCann King on 12/29/04. (jm) (Entered: 12/29/2004)
1202005-01-24 OBJECTION TO REPORT AND RECOMMENDATIONS 117 by Tracy Johnson (jm) (Entered: 01/25/2005)
1212005-01-25 ORDER denying 82 Motion to Vacate (2255) by Tracy Johnson and adopting Report and Recommendations 117 re: 82 filed by Tracy Johnson and dismissing case2:03-cv-1230. Signed by Judge James L Graham on 1/25/2005. (bw) (Entered: 01/25/2005)
1222005-02-09 MOTION to Alter or Amend Judgment by Tracy Johnson. (bw) (Entered: 02/11/2005)
1282006-12-20 ORDER denying 122 Motion to Alter Judgment by Tracy Johnson . Signed by Judge James L Graham on 12/20/2006. (bw) (Entered: 12/20/2006)
1292007-02-15 NOTICE OF APPEAL by Tracy Johnson re 128 Order denying the Motion to Alter Judgment. (bw) (Entered: 02/15/2007)
1302007-02-27 USCA Case Number as to Tracy Johnson 07-3208 for # 129 Notice of Appeal - Final Judgment filed by Tracy Johnson. (rew ) (Entered: 02/28/2007)
1312007-04-24 ORDER of USCA (certified copy) holding the appeal of Tracy Johnson re 129 Notice of Appeal - Final Judgment in abeyance and remanding for determination of a certificate of appealability. (bw) (Entered: 04/24/2007)
1322007-05-31 OPINION AND ORDER as to Tracy Johnson # 129 certificate of appealbility is denied. Signed by Judge James L. Graham 5/31/07. (rew ) Modified on 6/1/2007 (rew, ). (Entered: 05/31/2007)
1332007-10-16 ORDER of USCA (certified copy) as to Tracy Johnson re 129 Notice of Appeal - Final Judgment: The application for a certificate of appealability is denied. (er ) (Entered: 10/17/2007)
1342008-02-20 ORDER of USCA (certified copy) as to Tracy Johnson re 129 Notice of Appeal: The Sixth Circuit denies petition to rehear his application for certificate of appealability to appeal the district court's judgment denying his motion to vacate sentence. (er ) (Entered: 02/20/2008)
1352008-10-09 NOTICE FROM U.S. SUPREME COURT re 129 Notice of Appeal - Final Judgment : Assignment of Case # 08-6471 (bw) (Entered: 10/09/2008)
1362008-10-08 NOTICE FROM U.S. SUPREME COURT: Assignment of Case # 08-6471 (rew ) (Entered: 10/09/2008)
1372008-10-21 NOTICE OF ATTORNEY APPEARANCE: Steven Scott Nolder appearing for Tracy Johnson. (sln1, ) (Entered: 10/22/2008)
1382008-10-22 First MOTION for Retroactive Application of Sentencing Guidelines to Crack Cocaine Offense 18 USC 3582 by Tracy Johnson. (Nolder, Steven) (Entered: 10/22/2008)
1392008-10-23 ORDER granting 138 Motion to Reduce Sentence re Crack Cocaine Offense - 18:3582 for Tracy Johnson on Counts 1,2 and 4 to sixty-three (63) months incarceration to run concurrently. The consecutive terms on Counts 3 and 5 will remain in effect. Signed by James L Graham on 10/23/2008. (bw) (Entered: 10/23/2008)
1402008-10-29 WRIT OF CERTIORARI DENIED by US Supreme Court as to Tracy Johnson re 08-6471 (bw) (Entered: 10/30/2008)
1442012-08-02 MOTION for Retroactive Application of Sentencing Guidelines to Crack Cocaine Offense 18 USC 3582 by Tracy Johnson. (ds) (Entered: 08/02/2012)
1482013-02-13 Second MOTION for Retroactive Application of Sentencing Guidelines to Crack Cocaine Offense 18 USC 3582 by Tracy Johnson. (Nolder, Steven) (Entered: 02/13/2013)
1492013-02-14 ORDER GRANTING motions 144 and 148 , Motions for Reduction of Term of Imprisonment. The term of incarceration of 63 months on Counts 1, 2, and 4 previously imposed in the last amended judgment is reduced to a term of incarceration of 33 months on Counts 1, 2, and 4, to run concurrently with eachother. The consecutive terms of incarceration previously imposedon Counts 3 and 5 will remain in effect. Except as provided above,all other provisions of the judgment previously entered in thiscase shall remain in effect. Signed by Judge James L Graham on 2/14/13. (ds) (Entered: 02/14/2013)
1512013-06-27 NOTICE by Tracy Johnson (rew) (Entered: 06/28/2013)
1522013-06-27 MOTION to Vacate under 28 U.S.C. 2255 by Tracy Johnson. (rew) Civil case 2:13-cv-00631-JLG opened. (Entered: 07/01/2013)
1532013-07-01 REPORT AND RECOMMENDATION that this matter be transferred to the United States Court of Appeals for the sixth circuit re 152 motion to vacate under 28 U.S.C. 2255. Objections to R&R due by 7/18/2013. Signed by Magistrate Judge Norah McCann King on 7/01/13. (rew) (Entered: 07/01/2013)
1542013-07-05 Report and Recommendation 153 received by Tracy Johnson on 7/3/13. (rew) (Entered: 07/08/2013)
1552013-07-15 OBJECTION TO REPORT AND RECOMMENDATIONS 153 by Tracy Johnson (rew) (Entered: 07/16/2013)