Motion Release of Cja Documents by USA as to Chad Brandon Thomas — USA v. Thomas (Dkt. 49, E.D. Tenn.)

Record facts

U.S. District Court for the Eastern District of Tennessee · No. 2:22-cr-00076-JRG-CRW · Doc. 49 · 2023-03-24 · Docket on CourtListener

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UNITED STATES DISTRICT COURT 
EASTERN DISTRICT OF TENNESSEE 
AT GREENEVILLE 
 
UNITED STATES OF AMERICA 
 
) 
 
 
 
) 
 
v. 
 
 
) 
No. 2:22-CR-76 
 
 
 
) 
JUDGE GREER 
CHAD BRANDON THOMAS 
 
) 
 
 
UNITED STATES’ MOTION FOR IN CAMERA REVIEW AND RELEASE OF CJA 
VOUCHERS AND BILLING INVOICES SUBMITTED BY ATTORNEY  
DUDLEY SENTER IN CASE NO. 2:21-MJ-100 
 
 
The United States, through the United States Attorney for the Eastern District of 
Tennessee and pursuant to 18 U.S.C. § 3006A(d)(4), respectfully requests that the Court conduct 
an in camera review of all CJA Vouchers for repayment submitted by attorney Dudley Senter in 
United States v. Chad B. Thomas, No. 2:21-MJ-100 (E.D. Tenn.) and release (in full or redacted 
form) relevant vouchers and supporting invoices, and says: 
 
1. 
On March 9, 2023, defendant filed his pro se motion to withdraw his plea [Doc. 
41].  The Court has scheduled a hearing on the motion for April 10, 2023, at 3:00 p.m. [Doc. 45]. 
 
2. 
Prior to attorney Jefferson Fairchild’s appointment to represent defendant, the 
Court previously had appointed attorney Dudley Senter to represent defendant after defendant 
received a target letter.  That matter is styled United States v. Chad B. Thomas, No. 2:21-MJ-100 
(E.D. Tenn.). 
 
3. 
In defendant’s pro se motion, defendant claims the following: (1) that defendant 
did not receive a copy of his plea agreement to read and study until February 23, 2022; (2) that 
the agreement listed attorney Dudley Senter as his attorney on the first page but was signed by 
attorney Jefferson Fairchild on the last page; (3) that attorney Fairchild spent less than an hour 
with defendant, did not leave defendant a copy of the agreement, told defendant that if he did not 
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sign the agreement the U.S. Marshalls would come and arrest him, and told defendant that if he 
did not sign the agreement they would throw the book at him; and (4) that the factual basis 
contained in defendant’s plea agreement was not true.    
 
4. 
The United States believes that billing records and back-up invoices submitted by 
attorney Senter will refute defendant’s claim that he did not receive a copy of his plea agreement 
until February 2023 and that he had less than an hour to review its terms. 
 
5. 
In advance of the evidentiary hearing, the United States requests that the Court 
conduct an in camera review of the subject vouchers and billing records and provide copies to 
the United States and defendant with any necessary redactions in accord with 18 U.S.C. § 
3006A(d)(4)(B) and (D).  The United States believes that detailed time entries may reflect 
review of the defendant’s plea agreement with defendant and/or charges for any copies of the 
plea agreement provided to defendant and are matters that can and should be disclosed if those 
materials refute defendant’s claims or shed further light upon the time attorney Senter spent 
going through the charges and plea agreement with defendant.  The United States seeks only 
general categories and does not seek the contents of specific communications between defendant 
and attorney Senter if the billing records are that detailed.  Put differently, the United States 
seeks only those records that refute defendant’s claims in his pro se motion.   
 
6. 
 A compelling need for the records exists.  If the records refute defendant’s claims 
in his pro se motion, the records will go to the heart of some of the allegations in defendant’s pro 
se motion.  The records may also prevent the need to have attorney Senter present for the hearing 
on the motion. 
 
WHEREFORE, the United States respectfully requests that the Court grant this motion, 
conduct an in camera review of the requested materials, and release those portions of the 
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requested materials to counsel for the United States and the defendant for use during the 
upcoming hearing, together with any further or alternative relief just and proper under the 
circumstances. 
 
Respectfully submitted, this the 24th day of March, 2023. 
FRANCIS M. HAMILTON, III 
UNITED STATES ATTORNEY 
 
 
By: 
s/ Mac D. Heavener, III 
 
Mac D. Heavener, III, Fla. Bar #0896748 
Assistant United States Attorney 
220 West Depot Street, Suite 423 
Greeneville, Tennessee 37743 
(423) 639-6759 
Mac.Heavener@usdoj.gov 
 
 
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