VINCENTE RAFAEL PIERRE (1) , Thomas E. Wray
P.O. Box 152, Red House, VA [COR LD NTC cja]
23963; DOB 10/24/56; SSN 086- P.O. BOX 39
50-4299 ROANOKE, VA 24002-0039
aka 540-389-9366
Rafael Upshur
defendant
Pending Counts: Disposition
18:371.F (18:371) CONSPIRACY
TO DEFRAUD THE UNITED STATES
(3/12/99)
(1)
18:924A.F (18:922(a)(6);
924(a)(2) and 2) PENALTIES FOR
FIREARMS; AID AND ABET
(8/28/98)
(2)
18:922G.F (18:922(g)(1) and
924(a)(2) UNLAWFUL TRANSPORT
OF FIREARMS, ETC. (8/28/98)
(3)
18:924A.F (18:922(a)(6);
924(a)(2) and 2) PENALTIES FOR
FIREARMS; AID & ABET (3/12/99)
(5)
18:922G.F (18:922(g)(1) and
924(a)(2) UNLAWFUL TRANSPORT
OF FIREARMS, ETC. (3/12/99)
(6)
Offense Level (opening): 4
Terminated Counts:
NONE
Complaints:
NONE
Case Assigned to: Judge Norman K. Moon
TRACI ELAINE UPSHUR (2) , P.O. Gary Lance Smith
Box 152, Red House, VA 23963; [COR LD NTC ret]
DOB 7/7/64; SSN 198-58-5237 GARY LANCE SMITH, PC
defendant 417 SOUTH LOUDOUN STREET
WINCHESTER, VA 22601
540-665-8888
FTS 665-8825
Pending Counts: Disposition
18:371.F (18:371) CONSPIRACY
TO DEFRAUD THE UNITED STATES
(3/12/99)
(1)
18:924A.F (18:922(a)(6);
924(a)(2) and 2) PENALTIES FOR
FIREARMS; AID AND ABET
(8/28/98)
(2)
18:922D.F (18:922(d)(1) and
924(a)(2) SELL FIREARMS TO
ADDICTS, FELONS, FUGITIVES
(8/28/98)
(4)
18:924A.F (18:922(a)(6);
924(a)(2) and 2) PENALTIES FOR
FIREARMS; AID & ABET (3/12/99)
(5)
18:922D.F (18:922(d)(1) and
924(a)(2) SELL FIREARMS TO
ADDICTS, FELONS, FUGITIVES
(3/12/99)
(7)
Offense Level (opening): 4
Terminated Counts:
NONE
Complaints:
NONE
U. S. Attorneys:
Thomas Jack Bondurant, Jr.
[COR LD NTC]
U. S. ATTORNEY'S OFFICE
P.O. BOX 1709
ROANOKE, VA 24008-1709
540-857-2250
FTS 857-2614
9/18/01 -- Case sealed. (jcf) [Entry date 09/19/01]
9/18/01 1 MOTION by USA as to Sealed Deft. #1, Sealed Deft. #2 to
Seal Indictment (jcf) [Entry date 09/19/01]
9/18/01 2 ORDER as to Sealed Deft. #1, Sealed Deft. #2 granting [1-1]
motion to Seal Indictment as to Sealed Deft. #1 (1), Sealed
Deft. #2 (2) sealing for 30 days or when the defts. are in
custody, whichever is sooner. ( Signed by Chief Judge
Samuel G. Wilson ) (jcf) [Entry date 09/19/01]
9/18/01 3 SEALED INDICTMENT as to Sealed Deft. #1 (1) count(s) 1, 2,
3, 5, 6, Sealed Deft. #2 (2) count(s) 1, 2, 4, 5, 7 (jcf)
[Entry date 09/19/01]
9/18/01 4 MOTION by USA as to Sealed Deft. #1, Sealed Deft. #2 to
Transfer Case to the Lynchburg Division (jcf)
[Entry date 09/19/01]
9/18/01 4 ORDER as to Sealed Deft. #1, Sealed Deft. #2 granting [4-1]
motion to Transfer Case to the Lynchburg Division as to
Sealed Deft. #1 (1), Sealed Deft. #2 (2) ( Signed by Chief
Judge Samuel G. Wilson ) (jcf) [Entry date 09/19/01]
9/18/01 -- Arrest Warrant issued as to Sealed Deft. #1 (jcf)
[Entry date 09/19/01]
9/18/01 -- Arrest Warrant issued as to Sealed Deft. #2 (jcf)
[Entry date 09/19/01]
9/18/01 -- Entire case file transferred to the Lynchburg Division as
to Sealed Deft. #1, Sealed Deft. #2 (jcf)
[Entry date 09/19/01]
9/20/01 -- Original file and certified copy of transfer order received
from Roanoke Division (sfc) [Entry date 09/21/01]
9/20/01 -- Arrest of Vincente Rafael Pierre (sfc) [Entry date 09/25/01]
9/20/01 8 TEMPORARY DETENTION ORDER PENDING HEARING PURSUANT TO BAIL
REFORM ACT as to Vincente Rafael Pierre Detention Hearing
set for 10:00 9/28/01 for Vincente Rafael Pierre ( Signed
by Magistrate Judge Glen E. Conrad ) (sfc)
[Entry date 09/25/01]
9/21/01 -- Initial Appearance as to Sealed Deft. #1 (Defendant
informed of rights.) Defendant present without counsel.
Counsel requested prior to initial appearance proceeding.
Request granted. Defendant to next appear for initial
appearance continuation with counsel later same day. (
presiding Magistrate Judge Glen E. Conrad Court Reporter:
01-11 #00-152) (sfc) [Entry date 09/25/01]
9/21/01 -- Motion in open court by USA as to Sealed Deft. #1, Sealed
Deft. #2 to Unseal Indictment (sfc) [Entry date 09/25/01]
9/21/01 -- Oral Order as to Sealed Deft. #1, Sealed Deft. #2
granting [0-0] oral motion to Unseal Indictment as to
Sealed Deft. #1 (1), Sealed Deft. #2 (2) ( Entered by
Magistrate Judge Glen E. Conrad ) (sfc)
[Entry date 09/25/01]
9/21/01 -- Case unsealed (sfc) [Entry date 09/25/01]
9/21/01 -- Indictment unsealed as to Vincente Rafael Pierre (sfc)
[Entry date 09/25/01]
9/21/01 -- Indictment unsealed as to Traci Elaine Upshur (sfc)
[Entry date 09/25/01]
9/21/01 5 CJA 23 FINANCIAL AFFIDAVIT by Vincente Rafael Pierre (sfc)
[Entry date 09/25/01]
9/21/01 6 CJA 20 as to Vincente Rafael Pierre : Appointment of
Attorney Thomas E. Wray ( Signed by Magistrate Judge Glen
E. Conrad ) (sfc) [Entry date 09/25/01]
9/21/01 -- Initial Appearance as to Vincente Rafael Pierre continued
from earlier same day. Defendant present with counsel.
Defendant advised of rights. Defendant to next appear for
detention hearing on 9/28/01 before Judge Conrad.
(presiding Judge Glen Conrad, Court Reporter Aaron LaDuke)
(sfc) [Entry date 09/25/01]
9/21/01 -- Motion in open court by USA as to Vincente Rafael Pierre
for Detention (sfc) [Entry date 09/25/01]
9/21/01 -- Arraignment as to Vincente Rafael Pierre ( presiding
Magistrate Judge Glen E. Conrad Court Reporter: Aaron
LaDuke) Defendant(s) present with counsel, entered pleas of
Not Guilty to all counts. Defendant remanded to custody.
(sfc) [Entry date 09/25/01]
9/21/01 -- NOTICE:, setting Detention Hearing for 10:00 9/28/01 for
Vincente Rafael Pierre (in Roanoke before Judge Conrad) (sfc)
[Entry date 09/25/01]
9/21/01 7 ARREST WARRANT returned executed as to Vincente Rafael
Pierre on 9/20/01 (sfc) [Entry date 09/25/01]
9/25/01 -- Initial Appearance as to Traci Elaine Upshur (Defendant
informed of rights.) Defendant(s) present with counsel. (
presiding Magistrate Judge B. Waugh Crigler Court
Reporter: Judy Taylor) (sfc) [Entry date 09/27/01]
9/25/01 -- Arraignment as to Traci Elaine Upshur ( presiding
Magistrate Judge B. Waugh Crigler Court Reporter: Judy
Taylor) Defendant present with counsel, entered pleas of
Not Guilty to all counts. (sfc) [Entry date 09/27/01]
9/25/01 -- Bond Hearing as to Traci Elaine Upshur Defendant(s)
present with counsel. Bond set at $50,000 Unsecured. Abide
by all standard conditions as directed by USPO. Special
condition: Defendant is not to reside where she is now
residing. In order to give USPO time to check on 3rd Party
Custodian, defendant is ordered to appear at 3:00 p.m.
9-25-01 before Judge Conrad. 3rd Party Custodian needs to
appear. Defendant is also to abide by any additional
conditions set by Judge Conrad. Defendant released. (
presiding Magistrate Judge B. Waugh Crigler Court
Reporter: Judy Taylor) (sfc) [Entry date 09/27/01]
9/25/01 9 ORDER SETTING CONDITIONS OF RELEASE WITH ADDITIONAL
CONDITIONS AND ADVICE as to Traci Elaine Upshur Bond
set to $50,000 Unsecured for Traci Elaine Upshur. ( Signed
by Magistrate Judge B. Waugh Crigler ) (sfc)
[Entry date 09/27/01]
9/25/01 10 APPEARANCE BOND entered by Traci Elaine Upshur in Amount
$50,000 Unsecured (sfc) [Entry date 09/27/01]
9/25/01 -- Bond Hearing as to Traci Elaine Upshur Defendant present
with counsel. Court convened to inquire into proposed 3rd
Party custody as established earlier today before Judge
Crigler. Address corrections noted & Akmir Muhammad signs
as custodian. Defendant released per Judge Crigler's order
setting conditions of release. ( presiding Magistrate Judge
Glen E. Conrad Court Reporter: 01-11 #3750) (sfc)
[Entry date 09/27/01]
9/25/01 -- Arrest of Traci Elaine Upshur (sfc) [Entry date 09/27/01]
9/27/01 11 ARREST WARRANT returned executed as to Traci Elaine Upshur
on 9/25/01 (sfc) [Entry date 09/27/01]
9/28/01 -- Detention hearing as to Vincente Rafael Pierre Defendant(s)
present with counsel. Arguments. Defendant remanded to
custody. ( presiding Magistrate Judge Glen E. Conrad
Court Reporter: Aaron LaDuke) (sfc) [Entry date 09/28/01]
9/28/01 -- Oral Order as to Vincente Rafael Pierre granting [0-0]
oral motion for Detention as to Vincente Rafael Pierre (1)
( Entered by Magistrate Judge Glen E. Conrad ) (sfc)
[Entry date 09/28/01]
9/28/01 12 ORDER OF DETENTION PENDING TRIAL as to Vincente Rafael
Pierre ( Signed by Magistrate Judge Glen E. Conrad ) (sfc)
[Entry date 09/28/01]
10/5/01 13 MOTION by USA as to Vincente Rafael Pierre SEALED MOTION
(sfc) [Entry date 10/09/01]
10/9/01 14 SEALED ORDER as to Vincente Rafael Pierre granting [13-1]
motion SEALED MOTION as to Vincente Rafael Pierre (1) (
Signed by Chief Judge Samuel G. Wilson ) (sfc)
[Entry date 10/09/01]
10/12/01 -- NOTICE:, setting Jury Trial for 9:30 11/30/01 for
Vincente Rafael Pierre, for Traci Elaine Upshur (sfc)
[Entry date 10/12/01]
11/1/01 15 TRANSCRIPT filed in case as to Vincente Rafael Pierre for
Detention Hearing on 9/28/01 (OCR Aaron LaDuke) (sfc)
[Entry date 11/02/01]
11/6/01 16 MOTION by Vincente Rafael Pierre for Disclosure of
Impeaching Information (sfc) [Entry date 11/06/01]
11/6/01 17 MOTION by Vincente Rafael Pierre for Disclosure of Any
Evidence Which Could Arguably Be Considered Other Crimes,
Etc. (sfc) [Entry date 11/06/01]
11/6/01 18 MOTION by Vincente Rafael Pierre for Discovery (sfc)
[Entry date 11/06/01]
11/6/01 19 MOTION by Vincente Rafael Pierre for Inspection of Certain
Statements (sfc) [Entry date 11/06/01]
11/9/01 20 MOTION by USA as to Vincente Rafael Pierre, Traci Elaine
Upshur for Disclosure of defense of alibi, for
Discovery, for Inspection, and to Compel (mcp)
[Entry date 11/09/01]
11/14/01 21 ORDER as to Vincente Rafael Pierre granting [20-1] motion
for Disclosure of defense of alibi as to Vincente Rafael
Pierre and ordering that defts. respond within 10 days.
Defts. are to respond to remaining motions on or before
11/26/01. Court further ORDERS that the defendants file
all pre-trial motions on or before 11/26/01.( Signed by
Judge Norman K. Moon ) (mcp) [Entry date 11/14/01]
11/16/01 22 MOTION by USA as to Traci Elaine Upshur for Disclosure of
of defense of alibi, for Discovery, for Inspection,
and to Compel (mcp) [Entry date 11/16/01]
11/16/01 23 PETITION FOR ACTION ON CONDITIONS OF PRETRIAL RELEASE as to
Traci Elaine Upshur (mcp) [Entry date 11/16/01]
11/16/01 23 ORDER as to Traci Elaine Upshur granting [23-1]
petition/conditions as to Traci Elaine Upshur (2) ( Signed
by Magistrate Judge Glen E. Conrad ) (mcp)
[Entry date 11/16/01]
11/20/01 24 ORDER as to Traci Elaine Upshur granting [22-1] motion for
Disclosure of of defense of alibi as to Traci Elaine Upshur
and ordering that defts. respond within 10 days. Defts.
are to respond to remaining motions on or before 11/26/01.
Court further ORDERS that the defendants file all pre-trial
motions on or before 11/26/01. ( Signed by Judge Norman K.
Moon ) (mcp) [Entry date 11/20/01]
11/26/01 25 LETTER MOTION by Vincente Rafael Pierre to Substitute
Attorney (copies forwarded by Clerk's Office to defense and
government attorneys) (sfc) [Entry date 11/26/01]
[Edit date 11/27/01]
11/26/01 26 LETTER MOTION by Vincente Rafael Pierre for New Counsel,
or to Represent Himself (copies forwarded by Clerk's
Office to defense and government attorneys) (sfc)
[Entry date 11/27/01] [Edit date 11/27/01]
11/27/01 -- COURT REPORTER NOTES as to defendant Vincente Rafael Pierre
filed in Roanoke Division by Court Reporter Aaron LaDuke
Carton # 480 for hearing date 9/28/01 for Sent. Hrg. (jcf)
[Entry date 11/28/01]
11/27/01 -- COURT REPORTER NOTES as to defendant Vincente Rafael Pierre
filed in Roanoke Division by Court Reporter Aaron LaDuke
Carton # 483 for hearing date 9/21/01 for IA/ARR/DET. HRG
(jcf) [Entry date 11/28/01]
11/29/01 27 MOTION by Traci Elaine Upshur to Continue jury trial (mcp)
[Entry date 11/29/01]
11/30/01 28 ORDER as to Traci Elaine Upshur denying [27-1] motion to
Continue jury trial as to Traci Elaine Upshur (2) ( Signed
by Judge Norman K. Moon ) (mcp) [Entry date 11/30/01]