Criminal Docket for Case 6:21-cr-10073-EFM-1 — United States v. Michael R. Capps (D. Kan., Dkt. 277-1)
Summary
Doc. 277-1 in Case 6:21-cr-10073-EFM (D. Kan.), filed February 28, 2025, opens with the criminal docket for USA v. Capps before Chief District Judge Eric F. Melgren, listing Date Filed 09/08/2021 and Date Terminated 05/12/2023. Its disposition column reads sentenced to 27 months imprisonment and 2 years supervised release, with a $318,647.21 restitution figure, and shows other counts as acquitted or dismissed. The document ends with an order by Chief District Judge Melgren, dated February 27, 2025, lifting the court's stay on its Memorandum and Order (Doc. 262), dated February 14, 2025, and a Notice of Appeal by Michael Capps dated February 27, 2025.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
Cite this document
“Criminal Docket for Case 6:21-cr-10073-EFM-1 — United States v. Michael R. Capps (D. Kan., Dkt. 277-1).”
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Case 6:21-cr-10073-EFM Document 277-1 Filed 02/28/25 Page 1 of 44
CLOSED,APPEAL
U.S. District Court
DISTRICT OF KANSAS (Wichita)
CRIMINAL DOCKET FOR CASE #: 6:21−cr−10073−EFM−1
Case title: USA v. Capps Date Filed: 09/08/2021
Date Terminated: 05/12/2023
Assigned to: Chief District Judge
Eric F. Melgren
Appeals court case numbers:
23−3095 10CCA, 24−3083
10CCA, 24−3204 10CCA,
25−3025 10CCA
Defendant (1)
Michael R. Capps represented by Michael R. Capps
E−Filing & ECF Notifications 1611 S Utica Ave
TERMINATED: 05/12/2023 Pmb 328
Tulsa, OK 74107
316−371−3768
Email: cappsm@gmail.com
PRO SE
Bar Number:
Bar Status:
Jacob Rasch−Chabot
Office of Federal Public Defender − Denver
633 17th Street, Suite 1000
Denver, CO 80202−3610
303−294−7002
Fax: 303−294−1192
Alternative Phone:
Cell Phone:
Email: Jacob.Rasch−Chabot@fd.org
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Public Defender or Community
Defender Appointment
Bar Number:
Bar Status: Government Atty
Kurt P. Kerns
Kerns Law Group
328 North Main
Wichita, KS 67202
316−265−5511
1
Case 6:21-cr-10073-EFM Document 277-1 Filed 02/28/25 Page 2 of 44
Fax: 316−265−4433
Alternative Phone:
Cell Phone:
Email: kurtpkerns@aol.com
TERMINATED: 05/30/2023
Designation: Retained
Bar Number: 15028
Bar Status: Active
Pending Counts Disposition
18:1014 False statement to a bank Sentenced to 27 months imprisonment and 2 years
for a PPP loan; 18:2 Aiding and supervised release on Cts. 1, 2, 4, 5, 7, 8, 9, 10, 12,
abetting (INDICTMENT 13, 14, & 15,each count running concurrently.
9/8/2021) $1200.00 special assessment fee. $318,647.21
(1) restitution
Sentenced to 27 months imprisonment and 2 years
18:1344(2) Bank fraud−PPP loan;
supervised release on Cts. 1, 2, 4, 5, 7, 8, 9, 10, 12,
18:2 Aiding and abetting
13, 14, & 15,each count running concurrently.
(INDICTMENT 9/8/2021)
$1200.00 special assessment fee. $318,647.21
(2)
restitution
18:1001(a) False statement to the Sentenced to 27 months imprisonment and 2 years
SBA for EIDL loan 18:2 Aiding supervised release on Cts. 1, 2, 4, 5, 7, 8, 9, 10, 12,
and abetting (INDICTMENT 13, 14, & 15,each count running concurrently.
9/8/2021) $1200.00 special assessment fee. $318,647.21
(4−5) restitution
Sentenced to 27 months imprisonment and 2 years
18:1343 Wire fraud, SBA; 18:2
supervised release on Cts. 1, 2, 4, 5, 7, 8, 9, 10, 12,
Aiding and abetting
13, 14, & 15,each count running concurrently.
(INDICTMENT 9/8/2021)
$1200.00 special assessment fee. $318,647.21
(7−8)
restitution
18:1343 Wire fraud, Kansas Sentenced to 27 months imprisonment and 2 years
Department of Commerce; 18:2 supervised release on Cts. 1, 2, 4, 5, 7, 8, 9, 10, 12,
Aiding and abetting 13, 14, & 15,each count running concurrently.
(INDICTMENT 9/8/2021) $1200.00 special assessment fee. $318,647.21
(9−10) restitution
Sentenced to 27 months imprisonment and 2 years
18:1957 Money laundering; 18:2
supervised release on Cts. 1, 2, 4, 5, 7, 8, 9, 10, 12,
Aiding and abetting
13, 14, & 15,each count running concurrently.
(INDICTMENT 9/8/2021)
$1200.00 special assessment fee. $318,647.21
(12−14)
restitution
Sentenced to 27 months imprisonment and 2 years
18:1957 Money laundering; 18:2
supervised release on Cts. 1, 2, 4, 5, 7, 8, 9, 10, 12,
Aiding and abetting
13, 14, & 15,each count running concurrently.
(INDICTMENT 9/8/2021)
$1200.00 special assessment fee. $318,647.21
(15)
restitution
Highest Offense Level
(Opening)
2
Case 6:21-cr-10073-EFM Document 277-1 Filed 02/28/25 Page 3 of 44
Felony
Terminated Counts Disposition
18:1001(a) False statement to the
SBA for EID loan 18:2 Aiding
and abetting (INDICTMENT Acquitted
9/8/2021)
(3)
18:1343 Wire fraud, SBA; 18:2
Aiding and abetting
Acquitted
(INDICTMENT 9/8/2021)
(6)
18:1343 Wire fraud, Sedgwick
County; 18:2 Aiding and abetting
Dismissed per the Order filed 12/13/2022.
(INDICTMENT 9/8/2021)
(11)
18:1957 Money laundering; 18:2
Aiding and abetting
Acquitted
(INDICTMENT 9/8/2021)
(16−19)
Highest Offense Level
(Terminated)
Felony
Complaints Disposition
None
Garnishee
Northwestern Mutual
Beneficiary & Title
720 E Wisconsin Ave
Milwaukee, WI 53202
TERMINATED: 09/07/2023
Garnishee
Ohio National Life Assurance Corporation
One Financial Way
Cincinnati, OH 45242
TERMINATED: 09/07/2023
Garnishee
3
Case 6:21-cr-10073-EFM Document 277-1 Filed 02/28/25 Page 4 of 44
Knopp Law Group, P.A.
310 W. Central Ave.
Wichita, KS 67202−1004
Garnishee
Coinbase, Inc.
c/o Corporation Service Company
1100 SW Wanamaker Rd., Ste. 201
Topeka, KS 66604
Garnishee
Security 1st Title, LLC
c/o David Armagost, Resident Agent
727 N. Waco
Suite 300
Wichita, KS 67203
Claimant
Charles Capps represented by Ted E. Knopp
Knopp Law Group, PA
The Quarters
310 W. Central Avenue, Suite 203
Wichita, KS 67202
316−265−5882
Fax: 316−265−5892
Alternative Phone: 316−644−6781
Cell Phone: 316−644−6781
Email: tknopp@knopplaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained
Bar Number: 11437
Bar Status: Active
Movant
Duaglo, LLC represented by Ted E. Knopp
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained
Bar Number: 11437
Bar Status: Active
4
Case 6:21-cr-10073-EFM Document 277-1 Filed 02/28/25 Page 5 of 44
Plaintiff
USA represented by Alan G. Metzger
Office of United States Attorney − Wichita
301 N. Main Street, Suite 1200
Wichita, KS 67202−4812
316−648 0531
Alternative Phone:
Cell Phone: 316−648−0531
Email: alan.metzger54@gmail.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained
Bar Number: 10143
Bar Status: Inactive
Annette Gurney
Office of United States Attorney − Wichita
301 N. Main Street, Suite 1200
Wichita, KS 67202−4812
316−269−6481
Fax: 316−269−6484
Alternative Phone:
Cell Phone: 316−250−8393
Email: annette.gurney@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Bar Number: 11602
Bar Status: Active
Carrie Nicole Capwell
Office of United States Attorney − KCKS
500 State Avenue, Suite 360
Kansas City, KS 66101
913−551−6908
Alternative Phone:
Cell Phone:
Email: carrie.capwell@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained
Bar Number: 78677
Bar Status: Active
Jared S. Maag
Office of United States Attorney − Topeka
290 US Courthouse
444 SE Quincy
Topeka, KS 66683−3592
785−295−2858
Fax: 785−295−2853
Alternative Phone:
Cell Phone: 785−230−5635
5
Case 6:21-cr-10073-EFM Document 277-1 Filed 02/28/25 Page 6 of 44
Email: jared.maag@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained
Bar Number: 17222
Bar Status: Active
Kathryn E. Sheedy
Office of United States Attorney − Topeka
290 US Courthouse
444 SE Quincy
Topeka, KS 66683−3592
785−295−2921
Alternative Phone:
Cell Phone:
Email: kathryn.sheedy@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained
Bar Number: 22867
Bar Status: Active
Molly M. Gordon
Office of United States Attorney − Wichita
301 N. Main Street, Suite 1200
Wichita, KS 67202−4812
316−269−6681
Fax: 316−269−6484
Alternative Phone:
Cell Phone:
Email: molly.gordon@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained
Bar Number: 23134
Bar Status: Active
Email All Attorneys
Email All Attorneys and Additional Recipients
Date Filed # Docket Text
09/08/2021 1 INDICTMENT as to Michael R. Capps (1) − counts 1−19. (sz) (Entered: 09/09/2021)
09/09/2021 SUMMONS ISSUED as to Michael R. Capps Initial Appearance set for 9/22/2021 at
01:30 PM by Zoom before Magistrate Judge Gwynne E. Birzer. (Pretrial form
provided to USMS)(sz) (Entered: 09/09/2021)
09/10/2021 2 SUMMONS RETURNED EXECUTED on 9/10/2021 as to Michael R. Capps. (jk)
(Entered: 09/10/2021)
09/21/2021 3 ENTRY OF APPEARANCE by attorney Kurt P. Kerns appearing for Michael R.
Capps. (Kerns, Kurt) (Entered: 09/21/2021)
6
Case 6:21-cr-10073-EFM Document 277-1 Filed 02/28/25 Page 7 of 44
09/21/2021 4 CONSENT TO APPEAR BY VIDEO OR TELEPHONE CONFERENCE for initial
appearance, arraignment and detention hearing as to Michael R. Capps. (Kerns, Kurt)
Modified on 9/22/2021 to add additional hearings. (mam) (Entered: 09/21/2021)
09/22/2021 5 (NOTE: Access to document is restricted pursuant to the courts privacy policy.)
NOTICE OF SURRENDERED PASSPORT as to Michael R. Capps. (Passport
Number 640927769, issued by USA.) (mam) (Entered: 09/22/2021)
09/22/2021 6 MINUTE ENTRY for proceedings held before Magistrate Judge Gwynne E. Birzer:
RULE 5/INITIAL APPEARANCE and ARRAIGNMENT as to Michael R. Capps
held on 9/22/2021 by ZOOM, Count(s) 1,2,3,4−5,6−8,9−10,11,12−19. Due Process
Protections Act advisement given. The Government adopted the recommendations of
Pretrial Services for release on conditions. Defendant provided verbal consent for
Zoom. Defendant's next appearance per the Scheduling Order of Judge Melgren.
(Tape #1:31−1:41) (sz) (Entered: 09/23/2021)
09/22/2021 7 ORDER SETTING CONDITIONS OF RELEASE as to Michael R. Capps (1) −
$25,000 unsecured bond. Signed by Magistrate Judge Gwynne E. Birzer on
9/22/2021. (sz) (Entered: 09/24/2021)
09/23/2021 ORDER as to Michael R. Capps − Pursuant to the Due Process Protections Act, the
government is reminded of its obligations pursuant to Brady v. Maryland and its
progeny to disclose material that is favorable to the defendant and material to
defendants guilt or punishment. The failure to do so in a timely manner may include
dismissal of the indictment or information, dismissal of individual charges, exclusion
of government evidence or witnesses, or any other remedy that is just under the
circumstances. Signed by Magistrate Judge Gwynne E. Birzer on 9/22/21. (This is a
TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ala)
(Entered: 09/23/2021)
09/24/2021 8 BOND POSTED as to Michael R. Capps. (sz) (Entered: 09/24/2021)
09/27/2021 9 PRETRIAL AND CRIMINAL CASE MANAGEMENT ORDER ENTERED: as to
Michael R. Capps. Status Conference set for 11/8/2021 at 10:15 AM in Wichita
Room 414 (EFM) before District Judge Eric F. Melgren. Jury Trial set for
11/23/2021 at 09:00 AM in Wichita Courtroom 408 (EFM) before District Judge Eric
F. Melgren. Signed by District Judge Eric F. Melgren on 9/27/2021. (cm) (Entered:
09/27/2021)
10/27/2021 10 MOTION to Continue Status Conference and Jury Trial by Michael R. Capps.
(Kerns, Kurt) (Entered: 10/27/2021)
10/28/2021 11 ORDER TO CONTINUE granting 10 Motion to Continue. Speedy Trial time
excluded from 11/23/2021 until 1/25/2022 as to Michael R. Capps (1). Status
Conference set for 1/12/2022 at 08:45 AM in Wichita Room 414 (EFM) before
District Judge Eric F. Melgren. Jury Trial set for 1/25/2022 at 09:00 AM in Wichita
Courtroom 408 (EFM) before District Judge Eric F. Melgren. Signed by District
Judge Eric F. Melgren on 10/28/2021. (sz) (Entered: 10/28/2021)
01/07/2022 12 MOTION to Continue Status Conference and Jury Trial by Michael R. Capps.
(Kerns, Kurt) (Entered: 01/07/2022)
01/10/2022 13 ORDER TO CONTINUE granting 12 Motion to Continue. Speedy Trial time
excluded from 1/12/2022 until 3/29/2022 as to Michael R. Capps (1). Status
7
Case 6:21-cr-10073-EFM Document 277-1 Filed 02/28/25 Page 8 of 44
Conference set for 3/14/2022 at 08:15 AM in Wichita Room 414 (EFM) before Chief
District Judge Eric F. Melgren. Jury Trial set for 3/29/2022 at 09:00 AM in Wichita
Courtroom 408 (EFM) before Chief District Judge Eric F. Melgren. Signed by Chief
District Judge Eric F. Melgren on 1/10/2022. (sz) (Entered: 01/10/2022)
03/02/2022 14 JOINT MOTION to Continue Status Conference and Jury Trial by Michael R. Capps.
(Kerns, Kurt) (Entered: 03/02/2022)
03/03/2022 15 ORDER TO CONTINUE granting 14 Motion to Continue. Speedy Trial time
excluded from 3/14/2022 until 6/7/2022 as to Michael R. Capps (1). Status
Conference set for 5/31/2022 at 10:00 AM in Wichita Room 414 (EFM) before Chief
District Judge Eric F. Melgren. Jury Trial set for 6/7/2022 at 09:00 AM in Wichita
Courtroom 408 (EFM) before Chief District Judge Eric F. Melgren. Signed by Chief
District Judge Eric F. Melgren on 3/3/2022. (sz) (Entered: 03/03/2022)
03/03/2022 16 NOTICE OF HEARING as to Defendant Michael R. Capps. THIS IS AN
OFFICIAL NOTICE FOR THIS HEARING. (This is a TEXT ENTRY ONLY. There
is no.pdf document associated with this entry.) Due to a conflict on the court's
calendar, the Status Conference is reset for 6/1/2022 at 01:30 PM in Wichita Room
414 (EFM) before Chief District Judge Eric F. Melgren. (cm) (Entered: 03/03/2022)
05/04/2022 17 MOTION to Continue Status Conference and Jury Trial by Michael R. Capps.
(Kerns, Kurt) (Entered: 05/04/2022)
05/05/2022 18 ORDER TO CONTINUE granting 17 Motion to Continue. Speedy Trial Time
excluded from 6/1/2022 until 8/16/2022 as to Michael R. Capps (1). Status
Conference set for 8/5/2022 at 02:00 PM in Wichita Room 414 (EFM) before Chief
District Judge Eric F. Melgren. Jury Trial set for 8/16/2022 at 09:00 AM in Wichita
Courtroom 408 (EFM) before Chief District Judge Eric F. Melgren. Signed by Chief
District Judge Eric F. Melgren on 5/5/2022. (sz) (Entered: 05/05/2022)
07/08/2022 19 MOTION to Continue Status Conference and Jury Trial by Michael R. Capps.
(Kerns, Kurt) (Entered: 07/08/2022)
07/11/2022 20 MOTION to Continue Status Conference and Jury Trial by USA as to Michael R.
Capps. (Metzger, Alan) (Entered: 07/11/2022)
07/12/2022 21 ORDER TO CONTINUE granting 19 Motion to Continue as to Michael R. Capps
(1); finding as moot 20 Motion to Continue as to Michael R. Capps (1). Status
Conference set for 10/31/2022 at 09:45 AM in Wichita Room 414 (EFM) before
Chief District Judge Eric F. Melgren. Jury Trial set for 11/15/2022 at 09:00 AM in
Wichita Courtroom 408 (EFM) before Chief District Judge Eric F. Melgren. Signed
by Chief District Judge Eric F. Melgren on 7/12/2022. (sz) (Entered: 07/12/2022)
10/26/2022 22 MOTION in Limine by USA as to Michael R. Capps. (Attachments: # 1 Attachment
1, # 2 Attachment 2, # 3 Attachment 3, # 4 Attachment 4, # 5 Attachment 5, # 6
Attachment 6, # 7 Attachment 7, # 8 Attachment 8)(Metzger, Alan) (Entered:
10/26/2022)
10/26/2022 23 SEALED MOTION for Leave to File Under Seal Motion in Limine by USA as to
Michael R. Capps. (Attachments: # 1 Proposed Sealed Document, # 2 Proposed
Sealed Document Exhibit 10, # 3 Proposed Sealed Document Exhibit 15, # 4
Proposed Sealed Document Exhibit 23)(Metzger, Alan) (Entered: 10/26/2022)
10/27/2022 24 ORDER granting 23 Sealed Motion for Leave to File Under Seal. Counsel is directed
to file forthwith the requested document(s) with an event from the SEALED
8
Case 6:21-cr-10073-EFM Document 277-1 Filed 02/28/25 Page 9 of 44
DOCUMENTS category as to Michael R. Capps (1) Signed by Chief District Judge
Eric F. Melgren on 10/27/2022. (This is a TEXT ENTRY ONLY. There is no.pdf
document associated with this entry.) (cm) (Entered: 10/27/2022)
10/27/2022 25 SEALED MOTION in Limine by USA as to Michael R. Capps. (Attachments: # 1
Exhibit 10, # 2 Exhibit 15, # 3 Exhibit 23)(Metzger, Alan) (Entered: 10/27/2022)
10/28/2022 26 AMENDED MOTION in Limine by USA as to Michael R. Capps. (Attachments: # 1
Attachment 1, # 2 Attachment 2, # 3 Attachment 3, # 4 Attachment 4, # 5 Attachment
5, # 6 Attachment 6, # 7 Attachment 7, # 8 Attachment 8, # 9 Attachment
9)(Metzger, Alan) (Entered: 10/28/2022)
10/31/2022 27 MINUTE ENTRY for proceedings held before Chief District Judge Eric F. Melgren:
STATUS CONFERENCE as to Michael R. Capps held on 10/31/2022. (This is a
TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (cm)
(Entered: 10/31/2022)
10/31/2022 28 MOTION to Continue Jury Trial by Michael R. Capps. (Kerns, Kurt) (Entered:
10/31/2022)
10/31/2022 29 ORDER granting 28 Motion to Continue Jury Trial. Speedy trial time excluded from
11/15/2022 until 12/20/2022 as to Michael R. Capps (1). Jury Trial is reset for
12/20/2022 at 09:00 AM in Wichita Courtroom 408 (EFM) before Chief District
Judge Eric F. Melgren. Signed by Chief District Judge Eric F. Melgren on
10/31/2022. (mam) (Entered: 10/31/2022)
10/31/2022 30 ORDER as to Michael R. Capps re 26 Amended MOTION in Limine filed by USA.
At the direction of Chief Judge Eric F. Melgren, defendant will file a response to the
Amended Motion in Limine on or before 11/7/2022. Signed by Chief District Judge
Eric F. Melgren on 10/31/2022. (This is a TEXT ENTRY ONLY. There is no.pdf
document associated with this entry.) (cm) (Entered: 10/31/2022)
10/31/2022 31 ORDER granting in part and denying in part 25 Sealed Motion as to Michael R.
Capps (1). Signed by Chief District Judge Eric F. Melgren on 10/31/2022. (ca)
(Entered: 10/31/2022)
11/01/2022 32 NOTICE OF HEARING as to Defendant Michael R. Capps. THIS IS AN
OFFICIAL NOTICE FOR THIS HEARING. (This is a TEXT ENTRY ONLY. There
is no.pdf document associated with this entry.) Jury Trial set for 12/12/2022 at 09:00
AM in Wichita Courtroom 408 (EFM) before Chief District Judge Eric F. Melgren.
Jury Trial set for 12/14/2022, 12/15/2022, and 12/19/2022 at 08:30 AM in Wichita
Courtroom 408 (EFM) before Chief District Judge Eric F. Melgren. (cm) (Entered:
11/01/2022)
11/17/2022 33 UNOPPOSED MOTION in Limine by USA as to Michael R. Capps. (Metzger, Alan)
(Entered: 11/17/2022)
11/17/2022 34 TRIAL ORDER estimated trial time 4 days as to Michael R. Capps. In Limine/Jury
Instructions Conference set for 12/2/2022 at 01:30 PM in Wichita Courtroom 408
(EFM) before Chief District Judge Eric F. Melgren. Signed by Chief District Judge
Eric F. Melgren on 11/17/2022. (cm) (Entered: 11/17/2022)
11/17/2022 35 ORDER granting 33 Motion in Limine as to Michael R. Capps (1). Exhibit 29 may
be admitted into evidence during the trial of this matter without the necessity of a
sponsoring/foundation witness. Signed by Chief District Judge Eric F. Melgren on
11/17/2022. (sz) (Entered: 11/17/2022)
9
Case 6:21-cr-10073-EFM Document 277-1 Filed 02/28/25 Page 10 of 44
11/28/2022 36 EXHIBIT LIST by USA as to Michael R. Capps. (Metzger, Alan) (Entered:
11/28/2022)
11/28/2022 37 WITNESS LIST by USA as to Michael R. Capps. (Metzger, Alan) (Entered:
11/28/2022)
11/29/2022 38 AMENDED EXHIBIT LIST by USA as to Michael R. Capps. (Metzger, Alan)
(Entered: 11/29/2022)
11/30/2022 39 PROPOSED JURY INSTRUCTIONS by USA as to Michael R. Capps. (Metzger,
Alan) (Entered: 11/30/2022)
11/30/2022 40 ENTRY OF APPEARANCE on behalf of USA by Molly M. Gordon. (Gordon,
Molly) (Entered: 11/30/2022)
11/30/2022 41 PROPOSED JURY INSTRUCTIONS by Michael R. Capps. (Kerns, Kurt) (Entered:
11/30/2022)
11/30/2022 42 PROPOSED VOIR DIRE QUESTIONS by USA as to Michael R. Capps. (Metzger,
Alan) (Entered: 11/30/2022)
11/30/2022 43 EXHIBIT LIST by Michael R. Capps. (Kerns, Kurt) (Entered: 11/30/2022)
11/30/2022 44 WITNESS LIST by Michael R. Capps. (Kerns, Kurt) (Entered: 11/30/2022)
11/30/2022 45 PROPOSED VOIR DIRE QUESTIONS by Michael R. Capps. (Kerns, Kurt)
(Entered: 11/30/2022)
12/02/2022 46 MINUTE ENTRY for proceedings held before Chief District Judge Eric F. Melgren:
granting 26 Motion in Limine as to Michael R. Capps (1); finding as moot 22 Motion
in Limine as to Michael R. Capps (1); PRETRIAL CONFERENCE as to Michael R.
Capps held on 12/2/2022. (Court Reporter Jo Wilkinson) (This is a TEXT ENTRY
ONLY. There is no.pdf document associated with this entry.) (cm) (Entered:
12/02/2022)
12/05/2022 47 SUPPLEMENTAL PROPOSED JURY INSTRUCTION by USA as to Michael R.
Capps. (Metzger, Alan) (Entered: 12/05/2022)
12/05/2022 48 NOTICE OF HEARING as to Defendant Michael R. Capps. THIS IS AN
OFFICIAL NOTICE FOR THIS HEARING. (This is a TEXT ENTRY ONLY. There
is no.pdf document associated with this entry.) In Court/Jury Instructions Conference
set for 12/9/2022 at 09:00 AM in Wichita Courtroom 408 (EFM)before Chief District
Judge Eric F. Melgren. (cm) (Entered: 12/05/2022)
12/05/2022 49 AMENDED EXHIBIT LIST by Michael R. Capps. (Kerns, Kurt) (Entered:
12/05/2022)
12/06/2022 50 AMENDED WITNESS LIST by USA as to Michael R. Capps. (Metzger, Alan)
(Entered: 12/06/2022)
12/06/2022 51 SECOND SUPPLEMENTAL PROPOSED JURY INSTRUCTION by USA as to
Michael R. Capps. (Metzger, Alan) (Entered: 12/06/2022)
12/06/2022 52 PROPOSED FORFEITURE JURY INSTRUCTIONS by USA as to Michael R.
Capps. (Metzger, Alan) (Entered: 12/06/2022)
12/07/2022 53 MOTION in Limine to Bar Expert Testimony by Michael R. Capps. (Kerns, Kurt)
(Entered: 12/07/2022)
10
Case 6:21-cr-10073-EFM Document 277-1 Filed 02/28/25 Page 11 of 44
12/07/2022 54 NOTICE OF HEARING as to Defendant Michael R. Capps. THIS IS AN
OFFICIAL NOTICE FOR THIS HEARING. (This is a TEXT ENTRY ONLY. There
is no.pdf document associated with this entry.) In Court/Jury Instructions Conference
set for 12/9/2022 at 09:00 AM in Wichita Room 414 (EFM)before Chief District
Judge Eric F. Melgren. NOTE: THIS IS A LOCATION CHANGE ONLY. (cm)
(Entered: 12/07/2022)
12/08/2022 55 AMENDED WITNESS LIST by Michael R. Capps. (Kerns, Kurt) (Entered:
12/08/2022)
12/08/2022 56 RESPONSE TO MOTION by USA as to Michael R. Capps re 53 Motion in Limine
to Bar Expert Testimony. (Metzger, Alan) (Entered: 12/08/2022)
12/09/2022 57 UNOPPOSED MOTION to Dismiss Count 11 by USA as to Michael R. Capps.
(Metzger, Alan) (Entered: 12/09/2022)
12/09/2022 60 MINUTE ENTRY for proceedings held before Chief District Judge Eric F. Melgren:
IN COURT/JURY INSTRUCTIONS CONFERENCE as to Michael R. Capps held
on 12/9/2022. (Court Reporter Jo Wilkinson) (This is a TEXT ENTRY ONLY. There
is no.pdf document associated with this entry.) (cm) (Entered: 12/14/2022)
12/12/2022 58 MINUTE ENTRY for proceedings held before Chief District Judge Eric F. Melgren:
JURY TRIAL as to Michael R. Capps held on 12/12/2022. (Court Reporter Jo
Wilkinson) (This is a TEXT ENTRY ONLY. There is no.pdf document associated
with this entry.) (cm) (Entered: 12/12/2022)
12/13/2022 59 ORDER granting without prejudice 57 Unopposed Motion to Dismiss Count 11 as to
Michael R. Capps (1). Signed by Chief District Judge Eric F. Melgren on 12/12/2022.
(mam) (Entered: 12/13/2022)
12/14/2022 61 MINUTE ENTRY for proceedings held before Chief District Judge Eric F. Melgren:
JURY TRIAL as to Michael R. Capps held on 12/14/2022. (Court Reporter Jo
Wilkinson) (This is a TEXT ENTRY ONLY. There is no.pdf document associated
with this entry.) (cm) (Entered: 12/14/2022)
12/15/2022 62 MINUTE ENTRY for proceedings held before Chief District Judge Eric F. Melgren:
JURY TRIAL as to Michael R. Capps held on 12/15/2022. (Court Reporter Jo
Wilkinson) (This is a TEXT ENTRY ONLY. There is no.pdf document associated
with this entry.) (cm) (Entered: 12/15/2022)
12/18/2022 63 MOTION to Read Instructions to Jury at Close of Evidence by Michael R. Capps.
(Kerns, Kurt) Modified on 12/19/2022 to re−title. (mam) (Entered: 12/18/2022)
12/19/2022 64 SECOND AMENDED EXHIBIT LIST by Michael R. Capps. (Kerns, Kurt)
(Entered: 12/19/2022)
12/19/2022 65 ORDER denying, in open court, 63 Motion for Order as to Michael R. Capps (1)
Signed by Chief District Judge Eric F. Melgren on 12/19/2022. (This is a TEXT
ENTRY ONLY. There is no.pdf document associated with this entry.) (cm) (Entered:
12/19/2022)
12/19/2022 66 ORDER for Juror Lunch as to Michael R. Capps. Signed by Chief District Judge Eric
F. Melgren on 12/19/2022. (cm) (Entered: 12/19/2022)
12/19/2022 67 TRANSCRIPT of Jury Trial, Excerpt of James Clendenin, held 12−14−22 as to
Michael R. Capps before Judge Eric F. Melgren, Court Reporter Jo Wilkinson,
11
Case 6:21-cr-10073-EFM Document 277-1 Filed 02/28/25 Page 12 of 44
316−315−4334, jo_wilkinson@ksd.uscourts.gov. Transcript purchased by: Mr. Dion
Lefler, Wichita Eagle.
NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 calendar days of this
filing, each party shall inform the Court, by filing a Notice of Intent to Redact,
of the party's intent to redact personal data identifiers from the electronic
transcript of the court proceeding. The policy is located on our website at
www.ksd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to
Redact is filed within the allotted time, this transcript will be made
electronically available on the date set forth below.
Transcript may be viewed at the court public terminal or purchased through the Court
Reporter/Transcriber before the deadline for Release of Transcript Restriction. After
that date it may be obtained through the Court Reporter or PACER. Release of
Transcript Restriction set for 3/20/2023. (jw) (Entered: 12/19/2022)
12/19/2022 68 MINUTE ENTRY for proceedings held before Chief District Judge Eric F. Melgren:
JURY TRIAL as to Michael R. Capps held on 12/19/2022. (Court Reporter Jo
Wilkinson) (This is a TEXT ENTRY ONLY. There is no.pdf document associated
with this entry.) (cm) (Entered: 12/19/2022)
12/19/2022 69 INSTRUCTIONS TO THE JURY as to Michael R. Capps. (sz) (Entered:
12/20/2022)
12/21/2022 70 QUESTIONS FROM THE JURY filed as to Michael R. Capps. (kas) (Entered:
12/21/2022)
12/21/2022 71 ORDER as to Michael R. Capps. Lunch ordered for jurors during deliberations.
Signed by Chief District Judge Eric F. Melgren on 12/21/2022. (cm) (Entered:
12/21/2022)
12/21/2022 72 MINUTE ENTRY for proceedings held before Chief District Judge Eric F. Melgren:
JURY TRIAL as to Michael R. Capps concluded on 12/21/2022. (Court Reporter Jo
Wilkinson) (Attachments: # 1 Witness Sheet, # 2 Exhibit List Plaintiff's, # 3 Exhibit
List Defendant's) (cm) (Entered: 12/22/2022)
12/21/2022 73 JURY VERDICT as to Michael R. Capps (1). Defendant found Guilty on Counts
1−2, 4−5, 7−10 and 12−15; Not Guilty on Counts 3, 6 and 16−19. (mam) (Additional
attachment(s) added on 12/22/2022: # 1 Unredacted Verdict) (mam). (Entered:
12/22/2022)
12/21/2022 74 FORFEITURE INSTRUCTIONS TO THE JURY as to Michael R. Capps. Signed by
District Judge Eric F. Melgren on 12/21/2022. (mam) (Entered: 12/22/2022)
12/21/2022 75 SPECIAL VERDICT FORM FOR FORFEITURE as to Michael R. Capps. (mam)
(Additional attachment(s) added on 12/22/2022: # 1 Unredacted Special Verdict
Form) (mam). (Entered: 12/22/2022)
12/27/2022 76 TRANSCRIPT of Excerpt of Jury Trial, Defense Opening Statements, held
December 12, 2022, as to Michael R. Capps before Judge Eric F. Melgren, Court
Reporter Jo Wilkinson, 316−315−4334, jo_wilkinson@ksd.uscourts.gov. Transcript
purchased by: Ms. Molly M. Gordon.
NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 calendar days of this
filing, each party shall inform the Court, by filing a Notice of Intent to Redact,
12
Case 6:21-cr-10073-EFM Document 277-1 Filed 02/28/25 Page 13 of 44
of the party's intent to redact personal data identifiers from the electronic
transcript of the court proceeding. The policy is located on our website at
www.ksd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to
Redact is filed within the allotted time, this transcript will be made
electronically available on the date set forth below.
Transcript may be viewed at the court public terminal or purchased through the Court
Reporter/Transcriber before the deadline for Release of Transcript Restriction. After
that date it may be obtained through the Court Reporter or PACER. Release of
Transcript Restriction set for 3/27/2023. (jw) (Entered: 12/27/2022)
01/09/2023 77 MOTION for New Trial by Michael R. Capps. (Kerns, Kurt) (Entered: 01/09/2023)
01/12/2023 78 NOTICE OF HEARING as to Defendant Michael R. Capps. THIS IS AN
OFFICIAL NOTICE FOR THIS HEARING. (This is a TEXT ENTRY ONLY. There
is no.pdf document associated with this entry.) Sentencing set for 3/10/2023 at 09:30
AM in Wichita Courtroom 408 (EFM) before Chief District Judge Eric F. Melgren.
The court failed to docket the sentencing date at the conclusion of the trial. This entry
fixes that error. (cm) (Entered: 01/12/2023)
01/13/2023 79 TRANSCRIPT of Excerpt of Jury Trial Volume III held December 15, 2022, as to
Michael R. Capps before Judge Eric F. Melgren, Court Reporter Jo Wilkinson,
316−315−4334, jo_wilkinson@ksd.uscourts.gov. Transcript purchased by: Ms.
Molly Gordon. Volume: III.
NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 calendar days of this
filing, each party shall inform the Court, by filing a Notice of Intent to Redact,
of the party's intent to redact personal data identifiers from the electronic
transcript of the court proceeding. The policy is located on our website at
www.ksd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to
Redact is filed within the allotted time, this transcript will be made
electronically available on the date set forth below.
Transcript may be viewed at the court public terminal or purchased through the Court
Reporter/Transcriber before the deadline for Release of Transcript Restriction. After
that date it may be obtained through the Court Reporter or PACER. Release of
Transcript Restriction set for 4/13/2023. (jw) (Entered: 01/13/2023)
01/13/2023 80 TRANSCRIPT of Excerpt of Jury Trial Volume IV held December 19, 2022, as to
Michael R. Capps before Judge Eric F. Melgren, Court Reporter Jo Wilkinson,
316−315−4334, jo_wilkinson@ksd.uscourts.gov. Transcript purchased by: Ms.
Molly Gordon. Volume: IV.
NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 calendar days of this
filing, each party shall inform the Court, by filing a Notice of Intent to Redact,
of the party's intent to redact personal data identifiers from the electronic
transcript of the court proceeding. The policy is located on our website at
www.ksd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to
Redact is filed within the allotted time, this transcript will be made
electronically available on the date set forth below.
Transcript may be viewed at the court public terminal or purchased through the Court
Reporter/Transcriber before the deadline for Release of Transcript Restriction. After
13
Case 6:21-cr-10073-EFM Document 277-1 Filed 02/28/25 Page 14 of 44
that date it may be obtained through the Court Reporter or PACER. Release of
Transcript Restriction set for 4/13/2023. (jw) (Entered: 01/13/2023)
01/25/2023 81 MOTION for a Preliminary Order of Forfeiture by USA as to Michael R. Capps.
(Gurney, Annette) (Entered: 01/25/2023)
01/27/2023 82 RESPONSE TO MOTION by USA as to Michael R. Capps re 77 Motion for a New
Trial. (Gordon, Molly) (Entered: 01/27/2023)
02/16/2023 83 ORDER OF FORFEITURE granting 81 Motion for a Preliminary Order of Forfeiture
as to Michael R. Capps (1). Signed by Chief District Judge Eric F. Melgren on
2/16/2023. (sz) (Entered: 02/16/2023)
02/17/2023 84 MEMORANDUM AND ORDER denying 77 Defendant's Motion for a New Trial as
to Michael R. Capps (1). Signed by Chief District Judge Eric F. Melgren on
2/17/2023. (mam) (Entered: 02/17/2023)
02/21/2023 85 NOTICE OF HEARING as to Defendant Michael R. Capps. THIS IS AN
OFFICIAL NOTICE FOR THIS HEARING. (This is a TEXT ENTRY ONLY. There
is no.pdf document associated with this entry.) Due to a conflict on the Court's
calendar, the Sentencing is being reset for 3/30/2023 at 02:30 PM in Wichita
Courtroom 408 (EFM) before Chief District Judge Eric F. Melgren. (cm) (Entered:
02/21/2023)
03/22/2023 86 NOTICE OF HEARING as to Defendant Michael R. Capps. THIS IS AN
OFFICIAL NOTICE FOR THIS HEARING. (This is a TEXT ENTRY ONLY. There
is no.pdf document associated with this entry.) At request of counsel, the Sentencing
is reset for 4/24/2023 at 01:30 PM in Wichita Courtroom 408 (EFM) before Chief
District Judge Eric F. Melgren. Sentencing Memorandum Deadline set for 4/17/2023.
(cm) (Entered: 03/22/2023)
04/14/2023 87 PRESENTENCE INVESTIGATION REPORT as to Michael R. Capps.
(NOTE: Access to this document is restricted to the USA and this defendant.)
(USPO) (Entered: 04/14/2023)
04/14/2023 88 NOTICE OF HEARING as to Defendant Michael R. Capps. THIS IS AN
OFFICIAL NOTICE FOR THIS HEARING. (This is a TEXT ENTRY ONLY. There
is no.pdf document associated with this entry.) Sentencing set for 5/11/2023 at 02:00
PM in Wichita Courtroom 408 (EFM) before Chief District Judge Eric F. Melgren.
Sentencing Memorandum Deadline set for 5/5/2023. (cm) (Entered: 04/14/2023)
05/01/2023 89 TRANSCRIPT of Jury Trial, Testimony of Michael Capps, held December 15, 2022,
as to Michael R. Capps before Judge Eric F. Melgren, Court Reporter Jo Wilkinson,
316−315−4334, jo_wilkinson@ksd.uscourts.gov. Transcript purchased by: Ms.
Molly Gordon.
NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 calendar days of this
filing, each party shall inform the Court, by filing a Notice of Intent to Redact,
of the party's intent to redact personal data identifiers from the electronic
transcript of the court proceeding. The policy is located on our website at
www.ksd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to
Redact is filed within the allotted time, this transcript will be made
electronically available on the date set forth below.
14
Case 6:21-cr-10073-EFM Document 277-1 Filed 02/28/25 Page 15 of 44
Transcript may be viewed at the court public terminal or purchased through the Court
Reporter/Transcriber before the deadline for Release of Transcript Restriction. After
that date it may be obtained through the Court Reporter or PACER. Release of
Transcript Restriction set for 7/31/2023. (jw) (Entered: 05/01/2023)
05/01/2023 90 TRANSCRIPT of Jury Trial, Testimony of Michael Capps, held December 19, 2022,
as to Michael R. Capps before Judge Eric F. Melgren, Court Reporter Jo Wilkinson,
316−315−4334, jo_wilkinson@ksd.uscourts.gov. Transcript purchased by: Ms.
Molly Gordon.
NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 calendar days of this
filing, each party shall inform the Court, by filing a Notice of Intent to Redact,
of the party's intent to redact personal data identifiers from the electronic
transcript of the court proceeding. The policy is located on our website at
www.ksd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to
Redact is filed within the allotted time, this transcript will be made
electronically available on the date set forth below.
Transcript may be viewed at the court public terminal or purchased through the Court
Reporter/Transcriber before the deadline for Release of Transcript Restriction. After
that date it may be obtained through the Court Reporter or PACER. Release of
Transcript Restriction set for 7/31/2023. (jw) (Entered: 05/01/2023)
05/05/2023 91 SENTENCING MEMORANDUM by USA as to Michael R. Capps. (Gordon, Molly)
(Entered: 05/05/2023)
05/05/2023 92 SENTENCING MEMORANDUM by Michael R. Capps. (Attachments: # 1 Exhibit
A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7
Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit
L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O)(Kerns, Kurt) (Entered:
05/05/2023)
05/10/2023 93 SERVICE BY PUBLICATION filed by USA as to Michael R. Capps. Last
publication date April 15, 2023. (Attachments: # 1 Attachment 1)(Gurney, Annette)
(Entered: 05/10/2023)
05/10/2023 94 RESPONSE to 92 Sentencing Memorandum by USA as to Michael R. Capps.
(Gordon, Molly) (Entered: 05/10/2023)
05/11/2023 95 MINUTE ENTRY for proceedings held before Chief District Judge Eric F. Melgren:
SENTENCING HEARING held on 5/11/2023 as to defendant Michael R. Capps.
Defendant was sentenced to 27 months to Bureau of Prisons and was allowed to
self−surrender. (Court Reporter Jo Wilkinson) (This is a TEXT ENTRY ONLY.
There is no.pdf document associated with this entry.) (cm) (Entered: 05/11/2023)
05/12/2023 96 EXHIBIT LIST by Government from Sentencing for Michael R. Capps. (cm)
(Entered: 05/12/2023)
05/12/2023 97 AMENDED PRESENTENCE INVESTIGATION REPORT as to Michael R. Capps.
(NOTE: Access to this document is restricted to the USA and this defendant.)
(USPO) (Entered: 05/12/2023)
05/12/2023 98
15
Case 6:21-cr-10073-EFM Document 277-1 Filed 02/28/25 Page 16 of 44
JUDGMENT as to Michael R. Capps (1) − Counts: 1, 2, 4, 5, 7−10, 12−15 Sentenced
to 27 months imprisonment and 2 years supervised release; each count, running
concurrently. $1200.00 special assessment fee. $318,647.21 restitution. Acquitted on
Counts 3, 6, 16, 17, 18, and 19. Count 11, Dismissed per the Order filed 12/13/2022.
Signed by Chief District Judge Eric F. Melgren on 5/12/2023. (ca) (Entered:
05/12/2023)
05/12/2023 99 STATEMENT OF REASONS as to Michael R. Capps re 98 Judgment.
(NOTE: Access to this document is restricted to the USA and this defendant.)
(ca) (Entered: 05/12/2023)
05/16/2023 100 MOTION to Withdraw Kurt Kerns as Attorney by Michael R. Capps. (Kerns, Kurt)
(Entered: 05/16/2023)
05/17/2023 101 NOTICE OF APPEAL TO 10CCA as to defendant Michael R. Capps. (Kerns, Kurt)
(Entered: 05/17/2023)
05/26/2023 APPEAL FEE STATUS: filing fee Not Paid re: 101 Notice of Appeal on behalf of
Defendant Michael R. Capps. (THIS IS A TEXT ONLY ENTRY−NO DOCUMENT
IS ASSOCIATED WITH THIS TRANSACTION) (kas) (Entered: 05/26/2023)
05/26/2023 102 PRELIMINARY RECORD ON APPEAL transmitted to 10CCA as to Michael R.
Capps re 101 Notice of Appeal. (Attachments: # 1 Preliminary Packet)(kas) (Entered:
05/26/2023)
05/26/2023 103 MOTION for Determination of Eligibility for Appointment of Counsel Under CJA
by Michael R. Capps. (Kerns, Kurt) (Entered: 05/26/2023)
05/26/2023 104 DESIGNATION OF RECORD ON APPEAL by Michael R. Capps re 101 Notice of
Appeal. (Appeal No. 23−3095) (Kerns, Kurt) (Additional attachment(s) added on
6/12/2023: # 1 Corrected Designation of Record) (msb) (Entered: 05/26/2023)
05/26/2023 105 (VIEW RESTRICTED − PLEASE DISREGARD THIS ENTRY AND SEE DE 108
FOR CORRECT ENTRY.) −− TRANSCRIPT ORDER FORM: Transcript
Requested Sentencing 5/11/23 re 101 Notice of Appeal filed by Michael R. Capps.
(Kerns, Kurt) Modified text on 5/30/2023. (msb) (Entered: 05/26/2023)
05/26/2023 106 (VIEW RESTRICTED − PLEASE DISREGARD THIS ENTRY AND SEE DE 108
FOR CORRECT ENTRY.) −− TRANSCRIPT ORDER FORM: Transcript
Requested Sentencing 5/11/23 re 101 Notice of Appeal filed by Michael R. Capps.
(Kerns, Kurt) Modified text on 5/30/2023. (msb) (Entered: 05/26/2023)
05/26/2023 107 APPEAL DOCKETED in 10CCA on 5/26/2023 and assigned Appeal No. 23−3095
re 101 Notice of Appeal filed by Michael R. Capps. (kas) (Entered: 05/26/2023)
05/30/2023 108 TRANSCRIPT ORDER FORM: Transcript Requested Sentencing 5/11/23 re 101
Notice of Appeal filed by Michael R. Capps. (Kerns, Kurt) (Additional attachment(s)
added on 5/30/2023: # 1 Transcript Order Form) (msb) (Entered: 05/30/2023)
05/30/2023 109 ORDER granting 103 Motion to Determine Eligibility for Appointment of Counsel
Under CJA as to Michael R. Capps (1). The Court finds that the defendant is eligible
for the appointment of counsel under CJA and is granted IFP status. Signed by Chief
District Judge Eric F. Melgren on 5/30/2023. (kas) (Entered: 05/30/2023)
16
Case 6:21-cr-10073-EFM Document 277-1 Filed 02/28/25 Page 17 of 44
05/30/2023 110 CJA 23 FINANCIAL AFFIDAVIT by Michael R. Capps. (kas) (Entered:
05/30/2023)
05/30/2023 111 ORDER granting 100 Motion to Withdraw as to Michael R. Capps (1). Attorney Kurt
Kerns is withdrawn from this case. Signed by Chief District Judge Eric F. Melgren on
5/30/2023. (kas) (Entered: 05/30/2023)
05/31/2023 112 ORDER of 10CCA appointing the Federal Public Defender for the Districts of
Colorado and Wyoming to represent appellant Michael R. Capps re 101 Notice of
Appeal. (Appeal No. 23−3095) (kas) (Entered: 05/31/2023)
06/12/2023 113 DOCKET ANNOTATION: Please find attached the corrected 104 Designation of
Record on Appeal filed by Michael R. Capps. The corrected document has been
attached to the original filing DE 104 and to this filing for noticing purposes only.
(msb) (Entered: 06/12/2023)
06/12/2023 114 ENTRY OF APPEARANCE by attorney Jacob Rasch−Chabot appearing for Michael
R. Capps. (Rasch−Chabot, Jacob) (Entered: 06/12/2023)
06/12/2023 115 MOTION for Release Pending Appeal by Michael R. Capps. (Rasch−Chabot, Jacob)
(Entered: 06/12/2023)
06/14/2023 116 ORDER as to Michael R. Capps re 115 Motion for Release Pending Appeal filed by
Michael R. Capps. At the direction of Judge Eric F. Melgren, the government's
response to DE 115 is due on or before 6/20/2023. Signed by Chief District Judge
Eric F. Melgren on 6/14/2023. (This is a TEXT ENTRY ONLY. There is no.pdf
document associated with this entry.) (cm) (Entered: 06/14/2023)
06/20/2023 117 ORDER as to Michael R. Capps re 115 Morion for Release >Pending Appeal filed by
Michael R. Capps. At the direction of Judge Eric F. Melgren, the government's
response is now due on or before noon, 6/22/2023. Signed by Chief District Judge
Eric F. Melgren on 6/20/2023. (This is a TEXT ENTRY ONLY. There is no.pdf
document associated with this entry.) (cm) (Entered: 06/20/2023)
06/21/2023 118 RESPONSE TO MOTION by USA as to Michael R. Capps re 115 Motion for
Release Pending Appeal. (Gordon, Molly) (Entered: 06/21/2023)
06/22/2023 119 REPLY TO RESPONSE TO MOTION by Michael R. Capps re 115 Motion for
Release Pending Appeal. (Rasch−Chabot, Jacob) (Entered: 06/22/2023)
06/22/2023 120 TRANSCRIPT ORDER FORM: Transcript Requested Initial appearance on 9/22/21;
Pretrial Conference held on 12/2/2022; Jury Instructions Conference held on 12/9/22;
Jury Trial held on 12/12/22, 12/14/22, 12/15/22, 12/19/22,12/21/22; Sentencing
Hearing held 5/11/23. re 101 Notice of Appeal filed by Michael R. Capps.
(Rasch−Chabot, Jacob) (Entered: 06/22/2023)
06/23/2023 121 MEMORANDUM AND ORDER granting 115 Motion for Release from Custody
Pending Appeal as to Michael R. Capps. Signed by Chief District Judge Eric F.
Melgren on June 23, 2023. (mls) (Entered: 06/23/2023)
07/06/2023 122 TRANSCRIPT ORDER FORM by Court Reporter Johanna L. Wilkinson ordering
trial transcripts held on 12/9/22, 12/12/22, 12/14/22, 12/15/22, 12/19/22, 12/21/22,
Pretrial Conference held 12/2/22, 9/22/21 Initial Appearance, and 5/11/23 Sentencing
Hearing re 101 Notice of Appeal filed by Michael R. Capps. (Appeal No. 23−3095)
Transcripts due by 7/22/2023. (kas) (Entered: 07/06/2023)
17
Case 6:21-cr-10073-EFM Document 277-1 Filed 02/28/25 Page 18 of 44
07/17/2023 123 ENTRY OF APPEARANCE on behalf of USA by Kathryn E. Sheedy. (Sheedy,
Kathryn) (Entered: 07/17/2023)
07/17/2023 124 APPLICATION FOR WRIT OF CONTINUING GARNISHMENT to Garnishee
Northwestern Mutual by USA as to Michael R. Capps. (Sheedy, Kathryn) (Entered:
07/17/2023)
07/17/2023 125 APPLICATION FOR WRIT OF CONTINUING GARNISHMENT to Garnishee
Ohio National Life Assurance Corporation by USA as to Michael R. Capps. (Sheedy,
Kathryn) (Entered: 07/17/2023)
07/17/2023 126 WRIT OF CONTINUING GARNISHMENT ENTERED BY CLERK as to Michael
R. Capps. Garnishee Ohio National Life Assurance Corporation; writ issued to US
Attorney. (Attachments: # 1 Instructions to Debtor)(nao) (Entered: 07/17/2023)
07/17/2023 127 WRIT OF CONTINUING GARNISHMENT ENTERED BY CLERK as to Michael
R. Capps. Garnishee Northwestern Mutual; writ issued to US Attorney.
(Attachments: # 1 Instructions to Debtor) (nao) (Entered: 07/17/2023)
07/20/2023 128 CERTIFICATE OF FILING OF TRANSCRIPT by Court Reporter Johanna L.
Wilkinson. (Wilkinson, Johanna) (Entered: 07/20/2023)
07/20/2023 129 TRANSCRIPT of Other Hearing held September 22, 2021 as to Michael R. Capps
before Judge Gwynne E. Birzer, Court Reporter Jo Wilkinson,
redwoof58@yahoo.com. Tape Number: 1:31−1:41. Transcript purchased by: Mr.
Jacob Rasch−Chabot.
NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 calendar days of this
filing, each party shall inform the Court, by filing a Notice of Intent to Redact,
of the party's intent to redact personal data identifiers from the electronic
transcript of the court proceeding. The policy is located on our website at
www.ksd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to
Redact is filed within the allotted time, this transcript will be made
electronically available on the date set forth below.
Transcript may be viewed at the court public terminal or purchased through the Court
Reporter/Transcriber before the deadline for Release of Transcript Restriction. After
that date it may be obtained through PACER. Release of Transcript Restriction set for
10/18/2023. (Wilkinson, Johanna) (Entered: 07/20/2023)
07/20/2023 130 TRANSCRIPT of Motion Hearing held December 2, 2022 as to Michael R. Capps
before Judge Eric F. Melgren, Court Reporter Jo Wilkinson, redwoof58@yahoo.com.
Transcript purchased by: Mr. Jacob Rasch−Chabot.
NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 calendar days of this
filing, each party shall inform the Court, by filing a Notice of Intent to Redact,
of the party's intent to redact personal data identifiers from the electronic
transcript of the court proceeding. The policy is located on our website at
www.ksd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to
Redact is filed within the allotted time, this transcript will be made
electronically available on the date set forth below.
Transcript may be viewed at the court public terminal or purchased through the Court
Reporter/Transcriber before the deadline for Release of Transcript Restriction. After
18
Case 6:21-cr-10073-EFM Document 277-1 Filed 02/28/25 Page 19 of 44
that date it may be obtained through PACER. Release of Transcript Restriction set for
10/18/2023. (Wilkinson, Johanna) (Entered: 07/20/2023)
07/20/2023 131 TRANSCRIPT of Other Hearing held December 9, 2022, as to Michael R. Capps
before Judge Eric F. Melgren, Court Reporter Jo Wilkinson, redwoof58@yahoo.com.
Transcript purchased by: Mr. Jacob Rasch−Chabot.
NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 calendar days of this
filing, each party shall inform the Court, by filing a Notice of Intent to Redact,
of the party's intent to redact personal data identifiers from the electronic
transcript of the court proceeding. The policy is located on our website at
www.ksd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to
Redact is filed within the allotted time, this transcript will be made
electronically available on the date set forth below.
Transcript may be viewed at the court public terminal or purchased through the Court
Reporter/Transcriber before the deadline for Release of Transcript Restriction. After
that date it may be obtained through PACER. Release of Transcript Restriction set for
10/18/2023. (Wilkinson, Johanna) (Entered: 07/20/2023)
07/20/2023 132 TRANSCRIPT of Jury Trial Volume I held December 12, 2022, as to Michael R.
Capps before Judge Eric F. Melgren, Court Reporter Jo Wilkinson,
redwoof58@yahoo.com. Transcript purchased by: Mr. Jacob Rasch−Chabot.
Volume: I.
NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 calendar days of this
filing, each party shall inform the Court, by filing a Notice of Intent to Redact,
of the party's intent to redact personal data identifiers from the electronic
transcript of the court proceeding. The policy is located on our website at
www.ksd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to
Redact is filed within the allotted time, this transcript will be made
electronically available on the date set forth below.
Transcript may be viewed at the court public terminal or purchased through the Court
Reporter/Transcriber before the deadline for Release of Transcript Restriction. After
that date it may be obtained through PACER. Release of Transcript Restriction set for
10/18/2023. (Wilkinson, Johanna) (Entered: 07/20/2023)
07/20/2023 133 TRANSCRIPT of Jury Trial Volume II held December 14, 2022, as to Michael R.
Capps before Judge Eric F. Melgren, Court Reporter Jo Wilkinson,
redwoof58@yahoo.com. Transcript purchased by: Mr. Jacob Rasch−Chabot.
Volume: II.
NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 calendar days of this
filing, each party shall inform the Court, by filing a Notice of Intent to Redact,
of the party's intent to redact personal data identifiers from the electronic
transcript of the court proceeding. The policy is located on our website at
www.ksd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to
Redact is filed within the allotted time, this transcript will be made
electronically available on the date set forth below.
Transcript may be viewed at the court public terminal or purchased through the Court
Reporter/Transcriber before the deadline for Release of Transcript Restriction. After
19
Case 6:21-cr-10073-EFM Document 277-1 Filed 02/28/25 Page 20 of 44
that date it may be obtained through PACER. Release of Transcript Restriction set for
10/18/2023. (Wilkinson, Johanna) (Entered: 07/20/2023)
07/20/2023 134 TRANSCRIPT of Jury Trial Volume III held December 15, 2022, as to Michael R.
Capps before Judge Eric F. Melgren, Court Reporter Jo Wilkinson,
redwoof58@yahoo.com. Transcript purchased by: Mr. Jacob Rasch−Chabot.
Volume: III.
NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 calendar days of this
filing, each party shall inform the Court, by filing a Notice of Intent to Redact,
of the party's intent to redact personal data identifiers from the electronic
transcript of the court proceeding. The policy is located on our website at
www.ksd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to
Redact is filed within the allotted time, this transcript will be made
electronically available on the date set forth below.
Transcript may be viewed at the court public terminal or purchased through the Court
Reporter/Transcriber before the deadline for Release of Transcript Restriction. After
that date it may be obtained through PACER. Release of Transcript Restriction set for
10/18/2023. (Wilkinson, Johanna) (Entered: 07/20/2023)
07/20/2023 135 TRANSCRIPT of Jury Trial Volume IV held December 19, 2022, as to Michael R.
Capps before Judge Eric F. Melgren, Court Reporter Jo Wilkinson,
redwoof58@yahoo.com. Transcript purchased by: Mr. Jacob Rasch−Chabot.
Volume: IV.
NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 calendar days of this
filing, each party shall inform the Court, by filing a Notice of Intent to Redact,
of the party's intent to redact personal data identifiers from the electronic
transcript of the court proceeding. The policy is located on our website at
www.ksd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to
Redact is filed within the allotted time, this transcript will be made
electronically available on the date set forth below.
Transcript may be viewed at the court public terminal or purchased through the Court
Reporter/Transcriber before the deadline for Release of Transcript Restriction. After
that date it may be obtained through PACER. Release of Transcript Restriction set for
10/18/2023. (Wilkinson, Johanna) (Entered: 07/20/2023)
07/20/2023 136 TRANSCRIPT of Jury Trial Volume V held December 21, 2022, as to Michael R.
Capps before Judge Eric F. Melgren, Court Reporter Jo Wilkinson,
redwoof58@yahoo.com. Transcript purchased by: Mr. Jacob Rasch−Chabot.
Volume: V.
NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 calendar days of this
filing, each party shall inform the Court, by filing a Notice of Intent to Redact,
of the party's intent to redact personal data identifiers from the electronic
transcript of the court proceeding. The policy is located on our website at
www.ksd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to
Redact is filed within the allotted time, this transcript will be made
electronically available on the date set forth below.
20
Case 6:21-cr-10073-EFM Document 277-1 Filed 02/28/25 Page 21 of 44
Transcript may be viewed at the court public terminal or purchased through the Court
Reporter/Transcriber before the deadline for Release of Transcript Restriction. After
that date it may be obtained through PACER. Release of Transcript Restriction set for
10/18/2023. (Wilkinson, Johanna) (Entered: 07/20/2023)
07/20/2023 137 TRANSCRIPT of Sentencing Hearing held May 11, 2023, as to Michael R. Capps
before Judge Eric F. Melgren, Court Reporter Jo Wilkinson, redwoof58@yahoo.com.
Transcript purchased by: Mr. Jacob Rasch−Chabot.
NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 calendar days of this
filing, each party shall inform the Court, by filing a Notice of Intent to Redact,
of the party's intent to redact personal data identifiers from the electronic
transcript of the court proceeding. The policy is located on our website at
www.ksd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to
Redact is filed within the allotted time, this transcript will be made
electronically available on the date set forth below.
Transcript may be viewed at the court public terminal or purchased through the Court
Reporter/Transcriber before the deadline for Release of Transcript Restriction. After
that date it may be obtained through PACER. Release of Transcript Restriction set for
10/18/2023. (Wilkinson, Johanna) (Entered: 07/20/2023)
07/31/2023 138 RECORD ON APPEAL transmitted to 10CCA electronically as to Michael R. Capps.
Volumes 3 re 101 Notice of Appeal. (Appeal No. 23−3095) (kas) (Entered:
07/31/2023)
08/03/2023 139 ANSWER to 127 Writ of Continuing Garnishment by Northwestern Mutual. (ca)
(Entered: 08/03/2023)
08/04/2023 140 CERTIFICATE OF SERVICE by USA as to Michael R. Capps re 126 Writ of
Continuing Garnishment as to Ohio National Life Assurance Corporation. (Sheedy,
Kathryn) (Entered: 08/04/2023)
08/04/2023 141 CERTIFICATE OF SERVICE by USA as to Michael R. Capps re 127 Writ of
Continuing Garnishment as to Northwestern Mutual. (Sheedy, Kathryn) (Entered:
08/04/2023)
08/10/2023 142 ANSWER to 126 Writ of Continuing Garnishment by Ohio National Life Assurance
Corporation. (mam) (Entered: 08/10/2023)
08/30/2023 143 RETURN OF SERVICE of Notice of Forfeiture served on the FBI as to Michael R.
Capps. (Gurney, Annette) (Entered: 08/30/2023)
08/30/2023 144 RETURN OF SERVICE of Notice of Forfeiture served on the property as to Michael
R. Capps. (Gurney, Annette) (Entered: 08/30/2023)
08/30/2023 145 RETURN OF SERVICE of Notice of Forfeiture served on Pershing, LLC as to
Michael R. Capps. (Gurney, Annette) (Entered: 08/30/2023)
08/30/2023 146 RETURN OF SERVICE of Notice of Forfeiture served on Cybertron International,
Inc. as to Michael R. Capps. (Gurney, Annette) (Entered: 08/30/2023)
08/30/2023 147 RETURN OF SERVICE of Notice of Forfeiture served on the U.S. Small Business
Administration as to Michael R. Capps. (Gurney, Annette) (Entered: 08/30/2023)
09/05/2023 148
21
Case 6:21-cr-10073-EFM Document 277-1 Filed 02/28/25 Page 22 of 44
APPLICATION FOR WRIT OF CONTINUING GARNISHMENT to Garnishee
Knopp Law Group, P.A. by USA as to Michael R. Capps. (Sheedy, Kathryn)
(Entered: 09/05/2023)
09/05/2023 149 WRIT OF CONTINUING GARNISHMENT ENTERED BY CLERK as to Michael
R. Capps. Garnishee Knopp Law Group, P.A.; writ issued to US Attorney.
(Attachments: # 1 Notice and Instructions). (mls) (Entered: 09/05/2023)
09/06/2023 150 CERTIFICATE OF SERVICE by USA as to Michael R. Capps re 149 Writ of
Continuing Garnishment as to Knopp Law Group, P.A. (Sheedy, Kathryn) (Entered:
09/06/2023)
09/06/2023 151 MOTION for Garnishee Order as to Northwestern Mutual by USA as to Michael R.
Capps. (Sheedy, Kathryn) (Entered: 09/06/2023)
09/06/2023 152 MOTION for Garnishee Order as to Ohio National Life Assurance Corporation by
USA as to Michael R. Capps. (Sheedy, Kathryn) (Entered: 09/06/2023)
09/07/2023 153 GARNISHEE ORDER granting 151 Motion for Garnishee Order as to Michael R.
Capps. Garnishee Northwestern Mutual shall immediately liquidate and pay over the
property ($1,225.16) to the United States. Once Northwestern Mutual no longer has
custody, possession, or control of any property in which Defendant Michael R. Capps
has an interest or once Northwestern Mutual is no longer indebted to Defendant
Michael R. Capps and will not become indebted to Defendant Michael R. Capps in
the future, Northwestern Mutual is released and discharged as Garnishee in this
action. Signed by Chief District Judge Eric F. Melgren on 9/7/2023. (mls) (Entered:
09/07/2023)
09/07/2023 154 GARNISHEE ORDER granting 152 Motion for Garnishee Order as to Michael R.
Capps. Garnishee Ohio National Life Assurance Corporation shall immediately
liquidate and pay over the property ($568.99) of Defendant Michael R. Capps to the
United States. This order shall remain in effect until such time as Garnishee no longer
has custody, possession, or control of any property in which Defendant Michael R.
Capps has an interest or for which Ohio National Life Assurance Corporation is or
may become indebted to Defendant. Once Garnishee Ohio National Life Assurance
Corporation no longer has custody, possession, or control of any property in which
Defendant Michael R. Capps has an interest or once Garnishee Ohio National Life
Assurance Corporation is no longer indebted to Defendant Michael R. Capps and will
not become indebted to Defendant Michael R. Capps in the future, Garnishee Ohio
National Life Assurance Corporation is released and discharged as Garnishee in this
action. Signed by Chief District Judge Eric F. Melgren on 9/7/2023. (mls) (Entered:
09/07/2023)
09/12/2023 155 APPLICATION FOR WRIT OF CONTINUING GARNISHMENT to Garnishee
Coinbase, Inc. by USA as to Michael R. Capps. (Sheedy, Kathryn) (Entered:
09/12/2023)
09/12/2023 156 WRIT OF CONTINUING GARNISHMENT ENTERED BY CLERK as to Michael
R. Capps. Garnishee Coinbase, Inc.; writ issued to US Attorney. (Attachments: # 1
Instructions to Defendant) (jal) (Entered: 09/12/2023)
09/19/2023 157 CERTIFICATE OF SERVICE by USA as to Michael R. Capps re 156 Writ of
Continuing Garnishment as to Coinbase, Inc. (Sheedy, Kathryn) (Entered:
09/19/2023)
22
Case 6:21-cr-10073-EFM Document 277-1 Filed 02/28/25 Page 23 of 44
09/19/2023 158 NOTICE of Garnishment and Instructions to Interested Parties by USA as to Michael
R. Capps re 156 Writ of Continuing Garnishment to Coinbase, Inc. (Sheedy,
Kathryn) (Entered: 09/19/2023)
09/25/2023 159 ANSWER to 156 Writ of Continuing Garnishment by Coinbase, Inc. (mam)
(Entered: 09/25/2023)
09/26/2023 160 ANSWER to 149 Writ of Continuing Garnishment by Knopp Law Group, P.A.
(mam) (Entered: 09/27/2023)
12/08/2023 161 PRO SE MOTION for Declaratory Judgment Regarding Exclusion of Social Security
Disability Benefits from Garnishment and, in the Alternative, for Injunctive Relief by
Michael R. Capps. (jal) (Entered: 12/08/2023)
12/19/2023 162 PARTIAL RELEASE OF JUDGMENT LIEN − Property Located in Sedgwick
County, KS by USA as to Michael R. Capps. (Sheedy, Kathryn) (Entered:
12/19/2023)
12/21/2023 163 MOTION Dismiss Defendant's 161 Pro Se Motion for Declaratory Judgment
Regarding Exclusion of Social Security Disability Benefits from Garnishment and, in
the Alternative, for Injunctive Relief by USA as to Michael R. Capps. (Attachments:
# 1 Exhibit A − Notice of Intent to Offset)(Sheedy, Kathryn) (Entered: 12/21/2023)
12/29/2023 164 MOTION to Enforce Sentencing Order by Michael R. Capps. (mam) (Entered:
01/02/2024)
01/01/2024 165 AMENDED MOTION to Enforce Sentencing Order by Michael R. Capps. (mam)
(Entered: 01/02/2024)
01/02/2024 166 NOTICE OF INTENT by Michael R. Capps to File a Reply to 163 Motion to
Dismiss Defendant's 161 Motion for Declaratory Judgment. (mam) (Entered:
01/02/2024)
01/03/2024 167 RESPONSE TO MOTION by Michael R. Capps re 163 Motion to Dismiss 161
Defendant's Motion for Declaratory Judgment. (mam) (Entered: 01/03/2024)
01/11/2024 168 RESPONSE TO MOTION by USA as to Michael R. Capps re 165 Amended Motion
to Enforce Sentencing Order. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Gurney,
Annette) (Entered: 01/11/2024)
01/18/2024 169 REPLY TO RESPONSE TO MOTION by Michael R. Capps re 164 / 165 Motions to
Enforce Sentencing Order. (mam) (Entered: 01/18/2024)
02/05/2024 170 APPLICATION FOR WRIT OF CONTINUING GARNISHMENT to Garnishee
Security 1st Title, LLC by USA as to Michael R. Capps. (Sheedy, Kathryn) (Entered:
02/05/2024)
02/05/2024 171 WRIT OF CONTINUING GARNISHMENT ENTERED BY CLERK as to Michael
R. Capps. Garnishee Security 1st Title, LLC; writ issued to US Attorney.
(Attachments: # 1 Instructions to Debtor) (jk) (Entered: 02/05/2024)
02/09/2024 172 NOTICE of Garnishment and Instructions to Interested Parties, Garnishee Security
1st Title, LLC by USA as to Michael R. Capps re 171 Writ of Continuing
Garnishment (Sheedy, Kathryn) (Entered: 02/09/2024)
02/14/2024 173 CERTIFICATE OF SERVICE by USA as to Michael R. Capps re 171 Writ of
Continuing Garnishment as to Security 1st Title. (Sheedy, Kathryn) (Entered:
23
Case 6:21-cr-10073-EFM Document 277-1 Filed 02/28/25 Page 24 of 44
02/14/2024)
02/27/2024 174 LIMITED APPEARANCE of Claimant Charles Capps to Object to Garnishment
(Doc. 171 ) AND to Provide Notice of Intepleader Action by Knopp Law Group,
P.A. as to Michael R. Capps. (Knopp, Ted) Modified on 7/15/2024 to re−title. (mam)
(Entered: 02/27/2024)
02/28/2024 175 EXEMPTION CLAIM AND HEARING REQUEST by Michael R. Capps. (kas)
(Entered: 02/28/2024)
02/29/2024 176 ANSWER to 170 Application for Writ of Continuing Garnishment by Security 1st
Title, LLC. (kas) (Entered: 02/29/2024)
02/29/2024 177 ORDER as to Michael R. Capps re 175 Motion for Hearing filed by Michael R.
Capps, 174 Objections filed by Knopp Law Group, P.A. At the direction of Judge
Eric F. Melgren, on or before 3/19/2024 the government is instructed to file
responses to both DE 174 and DE 175 . Signed by Chief District Judge Eric F.
Melgren on 2/29/2024. Mailed to pro se party Michael Capps by regular mail. (This
is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)
(cm) (Entered: 02/29/2024)
03/04/2024 DOCKET ANNOTATION: Defendant Michael R. Capps is a registered Pro Se
Participant with E−Filing and ECF Notifications with approval from the court
pursuant to D. Kan. rule CR 49.2 (lrr) (Entered: 03/04/2024)
03/19/2024 178 RESPONSE to 174 Limited Appearance of Claimant Charles Capps to Object to
Garnishment and to Provide Notice of Intepleader Action by USA as to Michael R.
Capps. (Attachments: # 1 Exhibit Government Exhibits A through S) (Sheedy,
Kathryn) (Entered: 03/19/2024)
03/19/2024 179 OBJECTION to Exemption Claim and 175 Hearing Request by USA as to Michael
R. Capps. (Sheedy, Kathryn) (Entered: 03/19/2024)
03/26/2024 180 CERTIFICATE OF SERVICE by USA of First Set of Interrogatories to Defendant
and First Request for Production of Documents and Electronically Stored Information
as to Michael R. Capps. (Sheedy, Kathryn) (Entered: 03/26/2024)
04/03/2024 181 MOTION for Extension of Time to File a Reply to the Response to the 179 Objection
by Charles Capps as to Michael R. Capps. (Knopp, Ted) (Entered: 04/03/2024)
04/03/2024 182 ORDER granting 181 Motion for Extension of Time to File Reply as to Michael R.
Capps (1). Reply deadline 4/17/2024. Signed by Chief District Judge Eric F. Melgren
on 4/3/2024. (This is a TEXT ENTRY ONLY. There is no.pdf document associated
with this entry.) (cm) (Entered: 04/03/2024)
04/08/2024 183 MOTION for order for Stay of Restitution Pending Appeal by Michael R. Capps.
(Attachments: # 1 Attachment A, # 2 Attachment B, # 3 Attachment
C)(Rasch−Chabot, Jacob) (Entered: 04/08/2024)
04/17/2024 184 MOTION for Stay of Briefing by Charles Capps as to Michael R. Capps. (Knopp,
Ted) (Entered: 04/17/2024)
04/22/2024 185 RESPONSE by USA as to Michael R. Capps re 183 Motion for Stay of Restitution
Pending Appeal. (Attachments: # 1 Exhibit A − 2018−CV−001307 − Journal Entry
Approving Settlement, # 2 Exhibit B − Warranty Deed − 10202 E Bronco, # 3
Exhibit C − 2018−PR−000662 − Accounting of Administrator, # 4 Exhibit D −
24
Case 6:21-cr-10073-EFM Document 277-1 Filed 02/28/25 Page 25 of 44
2018−PR−000662 − Journal Entry of Final Settlement) (Sheedy, Kathryn) (Entered:
04/22/2024)
04/22/2024 186 MOTION to Quash Requests for Production and Interrogatories and for Sanctions
Against Plaintiff by Michael R. Capps. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3
Exhibit)(Capps, Michael) (Entered: 04/22/2024)
04/29/2024 187 REPLY TO RESPONSE TO MOTION by Michael R. Capps re 183 Motion for Stay
of Restitution Pending Appeal. (Rasch−Chabot, Jacob) (Entered: 04/29/2024)
05/01/2024 188 RESPONSE TO MOTION by USA as to Michael R. Capps re 184 Motion for Stay of
Briefing. (Sheedy, Kathryn) (Entered: 05/01/2024)
05/01/2024 189 RESPONSE TO MOTION by USA as to Michael R. Capps re 186 Motion to Quash
Requests for Production and Interrogatories and for Sanctions Against Plaintiff.
(Sheedy, Kathryn) (Entered: 05/01/2024)
05/06/2024 190 REPLY TO RESPONSE TO MOTION by Michael R. Capps re 186 Motion to Quash
Requests for Production and Interrogatories and for Sanctions Against Plaintiff.
(Capps, Michael) (Entered: 05/06/2024)
06/12/2024 191 MEMORANDUM AND ORDER denying 183 Motion for Order for Stay of
Restitution Pending Appeal as to Michael R. Capps (1). Any funds that are garnished
are to be deposited into the Court's registry. These funds will not be disbursed by the
Clerk of the Court until further order by the Court. Signed by Chief District Judge
Eric F. Melgren on 6/11/2024. (ca) (Entered: 06/12/2024)
06/13/2024 192 MEMORANDUM AND ORDER − Denying 161 Defendant's Motion for
Declaratory Judgment. Granting 163 Government's Motion to Dismiss Defendant's
Motion for Declaratory Judgment. Denying 164 Defendant's Motion to Enforce
Sentencing Order. Denying 165 Defendant's Amended Motion to Enforce Sentencing
Order. Denying 175 Defendant's Exemption Claim and Hearing Request. Denying as
moot 184 Claimant Charles Capps' Motion for Extension of time. Denying 186
Defendant's Motion to Quash or Motion for Sanctions. Signed by Chief District
Judge Eric F. Melgren on 6/13/2024. (ca) (Entered: 06/13/2024)
06/17/2024 193 NOTICE OF APPEAL TO 10CCA by Michael R. Capps re 192 Memorandum and
Order. (ca) (Entered: 06/17/2024)
06/17/2024 APPEAL FEE STATUS: filing fee not paid re: 193 Notice of Appeal on behalf of
Defendant Michael R. Capps. CJA 23 filed on 5/30/2023. (THIS IS A TEXT ONLY
ENTRY−NO DOCUMENT IS ASSOCIATED WITH THIS TRANSACTION) (ca)
(Entered: 06/17/2024)
06/17/2024 194 PRELIMINARY RECORD ON APPEAL transmitted to 10CCA as to Michael R.
Capps re 193 Notice of Appeal. (Attachments: # 1 Preliminary Packet)(ca) (Entered:
06/17/2024)
06/18/2024 195 APPEAL DOCKETED in 10CCA on 6/17/2024 and assigned Appeal No. 24−3083
re 193 Notice of Appeal. (ca) (Entered: 06/18/2024)
06/18/2024 196 ENTRY OF APPEARANCE on behalf of USA by Carrie Nicole Capwell. (Capwell,
Carrie) (Entered: 06/18/2024)
06/24/2024 197 OBJECTION to 171 Garnishment by United States of America to Security 1st Title,
LLC by Charles Capps as to Michael R. Capps. (Attachments: # 1 Exhibit)(Knopp,
25
Case 6:21-cr-10073-EFM Document 277-1 Filed 02/28/25 Page 26 of 44
Ted) (Entered: 06/24/2024)
06/27/2024 198 RECORD ON APPEAL retrieved by 10CCA as to Michael R. Capps, re 193 Notice
of Appeal. (Appeal No. 24−3083). (This is a TEXT ENTRY ONLY. There is no.pdf
document associated with this entry.) (ca) (Entered: 06/27/2024)
07/01/2024 199 MOTION / REQUEST for Hearing on Objection of Charles Capps to Garnishment of
Escrow Funds by Charles Capps as to Michael R. Capps. (Knopp, Ted) (Entered:
07/01/2024)
07/08/2024 200 RESPONSE AND PROCEDURAL OBJECTION re 197 Claimant's Objection to 171
Garnishment to Security 1st Title, LLC by USA as to Michael R. Capps. (Sheedy,
Kathryn) (Entered: 07/08/2024)
07/08/2024 201 MOTION to Stay Enforcement of Memorandum and Order Pending Appeal by
Michael R. Capps. (Capps, Michael) (Entered: 07/08/2024)
07/09/2024 202 RESPONSE IN OPPOSITION by USA as to Michael R. Capps re 199 Request for
Hearing. (Sheedy, Kathryn) (Entered: 07/09/2024)
07/22/2024 203 ORDER granting 199 Motion for Hearing as to Michael R. Capps (1). Motion
Hearing set for 9/12/2024 at 09:30 AM in Wichita Courtroom 408 (EFM) before
Chief District Judge Eric F. Melgren. Signed by Chief District Judge Eric F. Melgren
on 7/22/2024. (This is a TEXT ENTRY ONLY. There is no.pdf document associated
with this entry.) (cm) (Entered: 07/22/2024)
07/22/2024 204 NOTICE of Motion Hearing as to Michael R. Capps re 203 Order on Motion for
Hearing. As noted on the docket, the motion hearing has been scheduled for
9/12/2024 at 9:30 a.m. The parties need to come prepared to fully argue their
positions. (cm) (Entered: 07/22/2024)
07/22/2024 205 NOTICE of Non−Opposition to Stay by USA as to Michael R. Capps re 201 Motion
to Stay Enforcement of Memorandum and Order Pending Appeal. (Sheedy, Kathryn)
(Entered: 07/22/2024)
07/23/2024 206 ORDER granting 201 Motion to Stay Enforcement of Memorandum and Order
Pending Appeal as to Michael R. Capps. Signed by Chief District Judge Eric F.
Melgren on 7/23/2024. (jal) (Entered: 07/23/2024)
07/26/2024 207 MOTION for Order Restraining Property and Rights to Property Available for
Payment of Restitution by USA as to Michael R. Capps. (Sheedy, Kathryn) (Entered:
07/26/2024)
08/21/2024 208 NOTICE OF HEARING ON MOTION as to Michael R. Capps. THIS IS AN
OFFICIAL NOTICE FOR THIS HEARING 207 Motion for Order Restraining
Property and Rights to Property Available for Payment of Restitution : (This is a
TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) Motion
Hearing set for 9/12/2024 at 09:30 AM in Wichita Courtroom 408 (EFM) before
Chief District Judge Eric F. Melgren. This hearing will be in conjunction with the
currently scheduled motion hearing as set out in DE 204.(cm) (Entered: 08/21/2024)
09/11/2024 209 (STRICKEN per 210) −− RESPONSE TO MOTION by Michael R. Capps re 207
Motion for Order Restraining Property and Rights to Property Available for Payment
of Restitution. (Capps, Michael) Modified on 9/12/2024, see 210. (mam) (Entered:
09/11/2024)
26
Case 6:21-cr-10073-EFM Document 277-1 Filed 02/28/25 Page 27 of 44
09/12/2024 210 MINUTE ENTRY for proceedings held before Chief District Judge Eric F. Melgren:
MOTION HEARING as to Michael R. Capps held on 9/12/2024. The Court strikes
Michael Capps's response (Doc. 209) to the Government's Motion for Restraining
Order because it is untimely. The Court directs the Government and Charles Capps to
file supplemental briefing as to the limited issues discussed during the hearing by
September 20, 2024. (Court Reporter Annie States) (This is a TEXT ENTRY ONLY.
There is no.pdf document associated with this entry.) (sn) (Entered: 09/12/2024)
09/17/2024 211 AMENDED MOTION for Order Restraining Property and Rights to Property
Available for Payment of Restitution by USA as to Michael R. Capps. (Sheedy,
Kathryn) (Entered: 09/17/2024)
09/20/2024 212 SUPPLEMENTAL MEMORANDUM by Charles Capps as to Michael R. Capps per
210. (Knopp, Ted) (Entered: 09/20/2024)
09/20/2024 213 SUPPLEMENTAL BRIEFING by USA as to Michael R. Capps per 210. (Sheedy,
Kathryn) (Entered: 09/20/2024)
09/30/2024 214 RESPONSE TO MOTION by Michael R. Capps re 211 Amended Motion for Order
Restraining Property and Rights to Property Available for Payment of Restitution.
(Capps, Michael) (Entered: 09/30/2024)
09/30/2024 215 JOINT MOTION for Distribution of Funds by Charles Capps as to Michael R.
Capps. (Knopp, Ted) Modified on 9/30/2024 to add Duaglo, LLC as a filer. (mam)
(Entered: 09/30/2024)
09/30/2024 216 ENTRY OF APPEARANCE by attorney Ted E. Knopp on behalf of Duaglo, LLC.
(Knopp, Ted) (Entered: 09/30/2024)
09/30/2024 217 JOINT MOTION to Allow Intervention by Duaglo, LLC, Charles Capps as to
Michael R. Capps. (Knopp, Ted) (Entered: 09/30/2024)
10/07/2024 218 REPLY to 214 Response to 211 Motion − Government's Amended Motion for Order
Restraining Property and Rights to Property Available for Payment of Restitution by
USA as to Michael R. Capps (Sheedy, Kathryn) Modified on 10/8/2024 to link to
underlying motion. (jal) (Entered: 10/07/2024)
10/09/2024 219 MOTION for Joinder Joint Motion for Distribution of Funds by Michael R. Capps.
(Capps, Michael) (Entered: 10/09/2024)
10/15/2024 220 RESPONSE IN OPPOSITION by USA as to Michael R. Capps re 217 Joint Motion
to Allow Interventio (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4
Exhibit D)(Sheedy, Kathryn) (Entered: 10/15/2024)
10/15/2024 221 RESPONSE IN OPPOSITION by USA as to Michael R. Capps re 219 MOTION for
Joinder Joint Motion for Distribution of Funds, 215 Joint Motion for Distribution of
Funds (Attachments: # 1 Exhibit A)(Sheedy, Kathryn) (Entered: 10/15/2024)
10/17/2024 222 MOTION for order of Judicial Recommendation for Designation to FPC Seagoville
by Michael R. Capps. (Rasch−Chabot, Jacob) (Entered: 10/17/2024)
10/21/2024 223 ORDER granting 222 Motion for Order as to Michael R. Capps (1). Signed by Chief
District Judge Eric F. Melgren on 10/21/2024. (This is a TEXT ENTRY ONLY.
There is no.pdf document associated with this entry.) (cm) (Entered: 10/21/2024)
10/24/2024 224 MANDATE from 10CCA affirming decision of the District Court as to defendant
Michael R. Capps (Appeal No. 23−3095) (Attachments: # 1 Judgment, # 2 10CCA
27
Case 6:21-cr-10073-EFM Document 277-1 Filed 02/28/25 Page 28 of 44
Mandate Letter)(msb) (Entered: 10/24/2024)
10/27/2024 225 MOTION to Vacate by Michael R. Capps. (Capps, Michael) (Entered: 10/27/2024)
10/28/2024 226 ORDER granting 225 Motion to Vacate Doc 121 as to Michael R. Capps (1). Signed
by Chief District Judge Eric F. Melgren on 10/28/2024. (This is a TEXT ENTRY
ONLY. There is no.pdf document associated with this entry.) (cm) (Entered:
10/28/2024)
10/29/2024 227 REPLY TO RESPONSE TO MOTION by Duaglo, LLC, Charles Capps, Knopp Law
Group, P.A. as to Michael R. Capps re 219 MOTION for Joinder Joint Motion for
Distribution of Funds Joint Reply of Charles Capps and Duaglo, LLC to United
States Response in Opposition to Motion for Distribution of Funds (Knopp, Ted)
(Entered: 10/29/2024)
10/29/2024 228 REPLY TO RESPONSE TO MOTION by Duaglo, LLC, Charles Capps, Knopp Law
Group, P.A. as to Michael R. Capps re 217 Joint Motion to Allow Interventio Joint
Reply of Charles Capps and Duaglo, LLC to the Response in Opposition to
Intervention of Duaglo, LLC by the United States (Knopp, Ted) (Entered:
10/29/2024)
11/05/2024 229 MEMORANDUM AND ORDER denying as moot 207 MOTION for Order
Restraining Property and Rights to Property Available for Payment of Restitution;
denying 211 AMENDED MOTION for Order Restraining Property and Rights to
Property; denying 215 JOINT MOTION for Distribution of Funds; denying 217
JOINT MOTION to Allow Intervention; and granting 219 Motion for Joinder as to
Michael R. Capps (1). Claimant Charles Capps's Objection to Garnishment (Doc.
174) is overruled. Signed by Chief District Judge Eric F. Melgren on 11/5/2024. (kas)
(Entered: 11/05/2024)
11/13/2024 230 MOTION for Garnishee Order ,Garnishee Security 1st Title by USA as to Michael R.
Capps. (Attachments: # 1 Exhibit A − Appellant's Opening Brief filed on October 26,
2024)(Sheedy, Kathryn) (Entered: 11/13/2024)
11/18/2024 231 Unopposed MOTION for order for Extension of Time to Voluntarily Surrender by
Michael R. Capps. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Rasch−Chabot,
Jacob) (Entered: 11/18/2024)
11/19/2024 232 ORDER granting 231 Motion for Order or Extension of Time to Voluntarily
Surrender as to defendant Michael R. Capps (1). The Court therefore grants Capps'
Motion and extends his self−surrender date to December 31, 2024, or later as
determined by the BOP. Signed by Chief District Judge Eric F. Melgren on
11/19/2024. (msb) (Entered: 11/19/2024)
12/03/2024 233 MOTION for Reconsideration (Alter or Amend) re 229 Memorandum and Order by
Charles Capps as to Michael R. Capps. (Knopp, Ted) Modified text on 12/4/2024
(mls). (Entered: 12/03/2024)
12/10/2024 234 NOTICE OF DISPOSITION OF PASSPORT as to Michael R. Capps. Passport #
640927769, issued by the USA. Passport mailed to the U.S. Department of State,
tracking # 7022 0410 0003 3816 3655. (mam) (Entered: 12/10/2024)
12/17/2024 235 RESPONSE IN OPPOSITION by USA as to Michael R. Capps re 233 Motion to
Alter or Amend (for Reconsideration) re 229 Memorandum and Order (Sheedy,
Kathryn) Modified text (mls). (Entered: 12/17/2024)
28
Case 6:21-cr-10073-EFM Document 277-1 Filed 02/28/25 Page 29 of 44
12/23/2024 236 TRANSCRIPT ORDER FORM: Transcript Requested Minute Entry 9/12/2024 re
193 Notice of Appeal filed by Michael R. Capps. (kmc) (Entered: 12/26/2024)
12/26/2024 237 REPLY TO RESPONSE TO MOTION by Charles Capps as to Michael R. Capps: Re
233 MOTION for Reconsideration 229 Order on Motions (Knopp, Ted) (Entered:
12/26/2024)
12/27/2024 238 CERTIFIED MAIL RECEIPT returned re 234 Notice of Disposition of Passport
addressed to U.S. Department of State. (kas) (Entered: 12/27/2024)
12/31/2024 239 NOTICE OF APPEAL TO 10CCA by Michael R. Capps re 229 Memorandum and
Order. (kmc) (Entered: 12/31/2024)
12/31/2024 APPEAL FEE STATUS: filing fee not paid re: 239 Notice of Appeal on behalf of
Defendants Michael R. Capps. CJA 23 filed on 5/30/2023. (THIS IS A TEXT ONLY
ENTRY−NO DOCUMENT IS ASSOCIATED WITH THIS TRANSACTION)
(kmc) (Entered: 12/31/2024)
12/31/2024 240 PRELIMINARY RECORD ON APPEAL transmitted to 10CCA as to Michael R.
Capps re 239 Notice of Appeal. (Attachments: # 1 Preliminary Packet)(kmc)
(Entered: 12/31/2024)
12/31/2024 241 APPEAL DOCKETED in 10CCA on 12/31/2024 and assigned Appeal No. 24−3204
re 239 Notice of Appeal filed by Michael R. Capps. (kmc) (Entered: 01/02/2025)
01/03/2025 242 ORDER of 10CCA abating this case pending the district court's decision on Doc No.
233, Motion for Reconsideration as to Michael R. Capps re 239 Notice of Appeal. (
Appeal No. 24−3204) (kmc) (Entered: 01/03/2025)
01/21/2025 243 LETTER FROM 10CCA advising petition for writ of certiorari filed re 101 Notice of
Appeal as to Michael R. Capps. (Supreme Court No. 24−6330 / Appeal No.
23−3095) (mam) (Entered: 01/21/2025)
01/23/2025 244 ORDER as to Michael R. Capps. The Government's Motion for Garnishee Order
(Doc. 230 ) is denied without prejudice. Signed by Chief District Judge Eric F.
Melgren on 1/23/2025. (mam) (Entered: 01/23/2025)
01/23/2025 245 MEMORANDUM AND ORDER as to Michael R. Capps. Claimant's Motion to
Alter or Amend (Doc. 233 ) is denied. Signed by Chief District Judge Eric F.
Melgren on 1/23/2025. (mam) (Entered: 01/23/2025)
01/23/2025 246 JUDGMENT RETURNED EXECUTED as to Michael R. Capps on 12/31/2024.
(mam) (Entered: 01/24/2025)
01/25/2025 247 MOTION to Reduce Sentence by Michael R. Capps. (Capps, Michael) (Entered:
01/25/2025)
01/26/2025 248 Supplemental MOTION to Reduce Sentence by Michael R. Capps. (Capps, Michael)
(Entered: 01/26/2025)
01/27/2025 249 ORDER as to Michael R. Capps re 248 Supplemental MOTION to Reduce Sentence
filed by Michael R. Capps, 247 MOTION to Reduce Sentence filed by Michael R.
Capps. The Federal Public Defender's Office shall have up to and including
2/10/2025 in which to notify the Court if they intend to represent this defendant or
not. Signed by Chief District Judge Eric F. Melgren on 1/27/2025. (This is a TEXT
ENTRY ONLY. There is no.pdf document associated with this entry.) (cm) (Entered:
01/27/2025)
29
Case 6:21-cr-10073-EFM Document 277-1 Filed 02/28/25 Page 30 of 44
01/28/2025 250 ENTRY OF APPEARANCE on behalf of USA by Jared S. Maag (Maag, Jared)
(Entered: 01/28/2025)
01/31/2025 251 ORDER of 10CCA to Supplement Record on Appeal re 193 Notice of Appeal.
(Appeal No. 24−3083) (kao) (Entered: 01/31/2025)
01/31/2025 252 SUPPLEMENTAL RECORD ON APPEAL retrieved by 10CCA re 193 Notice of
Appeal. No. of Volumes: 3. Supplemental Volume I − Pleadings, Supplemental
Volume II − Sealed Pleading, Supplemental Volume III − Government's Exhibit 1.
(Appeal No. 24−3083) (This is a TEXT ENTRY ONLY. There is no.pdf document
associated with this entry.) (kao) (Entered: 01/31/2025)
02/01/2025 253 Renewed Motion to Expedite Consideration of Defendant's Motion for
Compassionate Release re 247 Motion to Reduce Sentence by Michael R. Capps.
(Capps, Michael) Modified on 2/3/2025 to correct docket text and motion event (kas).
(Entered: 02/01/2025)
02/05/2025 254 MOTION to Dismiss Compassionate Release Motions re 247 , 248 , and 253 by USA
as to Michael R. Capps. (Attachments: # 1 Exhibit RIS − Warden FCI
Florence)(Maag, Jared) Modified on 2/6/2025 to update docket text (kas). (Additional
attachment(s) added on 2/6/2025: # 2 REDACTED Exhibit) (kas). Modified on
2/6/2025 to update motion event (kas). (Entered: 02/05/2025)
02/08/2025 255 RESPONSE TO MOTION by Michael R. Capps re 254 MOTION (Capps, Michael)
(Entered: 02/08/2025)
02/10/2025 256 COMBINED NOTICE OF APPEAL AND CONDITIONAL MOTION FOR
EXTENSION OF TIME TO FILE NOTICE OF APPEAL by Duaglo, LLC, Charles
Capps as to Michael R. Capps re 245 Order on Motion for Reconsideration. (Knopp,
Ted) Modified on 2/11/2025 to correct event type and update docket text (kas).
(Entered: 02/10/2025)
02/10/2025 257 Correspondence Received on Behalf of Defendant (per EFM). (ca) (Entered:
02/10/2025)
02/10/2025 258 NOTICE OF APPEAL TO 10CCA by Duaglo, LLC, Charles Capps as to Michael R.
Capps re 229 Memorandum and Order and 245 Memorandum and Order.
(RE−FILED DE 256 FOR ADMINISTRATIVE PURPOSES) (kas) (Entered:
02/11/2025)
02/11/2025 APPEAL FEE STATUS: filing fee not paid re 258 Notice of Appeal. (ca) (Entered:
02/11/2025)
02/11/2025 APPEAL FILING FEE PAID ONLINE BY CREDIT CARD: re: 258 Notice of
Appeal (paid $605 Appeal fee; Credit Card Receipt Number BKSDC−6582575)
(Knopp, Ted) (Entered: 02/11/2025)
02/11/2025 259 PRELIMINARY RECORD ON APPEAL transmitted to 10CCA re 258 Notice of
Appeal. (Attachments: # 1 Preliminary Packet)(ca) (Entered: 02/11/2025)
02/12/2025 260 APPEAL DOCKETED in 10CCA on 2/12/2025 and assigned Appeal No. 25−3025
re 258 Notice of Appeal filed.(ca) (Entered: 02/12/2025)
02/12/2025 261 RESPONSE TO MOTION by USA as to Michael R. Capps re 247 MOTION to
Reduce Sentence (Maag, Jared) (Entered: 02/12/2025)
02/14/2025 262
30
Case 6:21-cr-10073-EFM Document 277-1 Filed 02/28/25 Page 31 of 44
MEMORANDUM AND ORDER denying 247 Defendant's Motion to Reduce
Sentence; denying 248 Supplemental Motion to Reduce Sentence; denying 253
Renewed Motion to Expedite Consideration of Defendant's Motion for
Compassionate Release; denying as moot 254 Government's Motion to Dismiss
Compassionate Release Motions. Signed by Chief District Judge Eric F. Melgren on
2/14/2025. (ca) (Entered: 02/14/2025)
02/14/2025 263 MOTION for Reconsideration re 262 Memorandum and Order by Michael R. Capps.
(Capps, Michael) (Entered: 02/14/2025)
02/16/2025 264 TRANSCRIPT ORDER FORM: Transcript Already on File re 258 Notice of Appeal
filed by Duaglo, LLC, Charles Capps (Knopp, Ted) (Entered: 02/16/2025)
02/18/2025 265 ORDER granting in part and denying in part 263 MOTION for Reconsideration re
262 Memorandum and Order as to Michael R. Capps (1). The Court stays its
February 14 Order, and Defendant may file a reply on or by February 26, 2025.
Signed by Chief District Judge Eric F. Melgren on 2/18/2025. (ca) (Entered:
02/18/2025)
02/19/2025 266 TRANSCRIPT of Motion Hearing held September 12th, 2024, as to Michael R.
Capps before Judge Eric F. Melgren, Court Reporter Annie States, 316−315−4334,
annie_states@ksd.uscourts.gov. Transcript purchased by: Michael Capps.
NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 calendar days of this
filing, each party shall inform the Court, by filing a Notice of Intent to Redact,
of the party's intent to redact personal data identifiers from the electronic
transcript of the court proceeding. The policy is located on our website at
www.ksd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to
Redact is filed within the allotted time, this transcript will be made
electronically available on the date set forth below.
Transcript may be viewed at the court public terminal or purchased through the Court
Reporter/Transcriber before the deadline for Release of Transcript Restriction. After
that date it may be obtained through PACER. Release of Transcript Restriction set for
5/20/2025. (as) (Entered: 02/19/2025)
02/19/2025 267 Correspondence Received on Behalf of Defendant. (ca) (Entered: 02/19/2025)
02/23/2025 268 REPLY TO RESPONSE TO MOTION by Michael R. Capps re 263 MOTION for
Reconsideration. (Attachments: # 1 Exhibits A−T)(Capps, Michael) (Entered:
02/23/2025)
02/23/2025 269 SUPPLEMENTAL REPLY TO RESPONSE TO MOTION by Michael R. Capps re
263 MOTION for Reconsideration. (Capps, Michael) (Entered: 02/23/2025)
02/24/2025 270 ORDER of 10CCA re 258 Notice of Appeal, abating appeal pending the district's
court ruling on 256 Motion (Appeal No. 25−3025). (ca) (Entered: 02/24/2025)
02/25/2025 271 LETTER FROM 10CCA as to Michael R. Capps stating writ of certiorari is denied re
101 Notice of Appeal (Appeal No. 23−3095). (ca) (Entered: 02/25/2025)
02/26/2025 272 MANDATE from 10CCA: dismissing appeal as to Michael R. Capps. (Appeal No.
24−3204) (Attachments: # 1 Transmittal Letter)(kmc) (Entered: 02/26/2025)
02/27/2025 273 MEMORANDUM AND ORDER denying 256 Motion for Extension of Time to File
Notice of Appeal as to Michael R. Capps (1). Signed by Chief District Judge Eric F.
31
Case 6:21-cr-10073-EFM Document 277-1 Filed 02/28/25 Page 32 of 44
Melgren on 2/27/2025. (ca) (Entered: 02/27/2025)
02/27/2025 274 ORDER − the Court lifts its stay on the Memorandum and Order (Doc. 262 ), dated
February 14, 2025 and files the Order in its original form as to Michael R. Capps.
Signed by Chief District Judge Eric F. Melgren on 2/27/2025. (ca) (Entered:
02/27/2025)
02/27/2025 275 MOTION for Leave to Appeal by Michael R. Capps. (Capps, Michael) (Entered:
02/27/2025)
02/27/2025 276 NOTICE OF APPEAL TO 10CCA by Michael R. Capps re 262 Memorandum and
Order, 274 Order lifting stay on DE 262. (ca) (This is a refiling of 275 which was
filed using incorrect event) (Entered: 02/28/2025)
02/28/2025 APPEAL FEE STATUS: filing fee not paid re 276 Notice of Appeal on behalf of
Defendant Michael R. Capps. CJA 23 filed on 5/30/2023. (THIS IS A TEXT ONLY
ENTRY−NO DOCUMENT IS ASSOCIATED WITH THIS TRANSACTION) (ca)
(Entered: 02/28/2025)
32
Case 6:21-cr-10073-EFM Document 277-1 Filed 02/28/25 Page 33 of 44
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
UNITED STATES OF AMERICA,
Plaintiff,
vs. Case No. 21-10073-EFM
MICHAEL R. CAPPS,
Defendant.
MEMORANDUM AND ORDER
This matter comes before the Court on pro se Defendant Michael Capps’s Motions to
Reduce Sentence (Docs. 247, 248, and 253). He seeks early release from prison for family
circumstances and health care reasons. The Government opposes Defendant’s motions. For the
reasons stated below, the Court denies Defendant’s motions.
I. Factual and Procedural Background
On December 21, 2022, Defendant was found guilty on 12 counts, including one count of
bank fraud, three counts of false statements to a bank and the Small Business Administration, four
counts of wire fraud, and four counts of money laundering. On May 11, 2023, the Court sentenced
33
Case 6:21-cr-10073-EFM Document 277-1 Filed 02/28/25 Page 34 of 44
Defendant to 27 months’ imprisonment, to be followed by two years of supervised release.1
Defendant appealed his conviction to the Tenth Circuit on May 17, 2023, and the Court allowed
Defendant’s release during his appeal.
On August 13, 2024, the Tenth Circuit affirmed this Court’s judgment, and the mandate
was issued on October 24, 2024. On November 18, 2024, Defendant filed a motion for extension
of time to voluntarily surrender and requested the self-surrender date of December 31, 2024. The
Court granted Defendant’s request, and Defendant surrendered on that date.
On January 25 and January 26—a mere three weeks after reporting to prison—Defendant
filed Motions to Reduce Sentence, requesting immediate release from prison.2 On February 1,
2025, Defendant filed a third motion, entitled a “Renewed Motion to Expedite Consideration of
Defendant’s Motion for Compassionate Release.” In this motion, he seeks expedited consideration
of his motions.
Defendant asserts that his father’s health is poor following a recent shoulder surgery and
fall in which he broke two ribs and his hand. Defendant contends that his father is unable to care
for himself and that Defendant is the only available caregiver to help him. In addition, Defendant
asserts that he faces ongoing health risks due to the prison’s alleged inability to maintain his CPAP
device and alleged lack of access to mental health treatment. The Government opposes
Defendant’s motions.
1
Defendant was also ordered to pay $318,647.21 in restitution, and the Court entered a forfeiture judgment
in the amount of $178,193.17. The Court will not set forth all the restitution issues here. Suffice to say, there have
been numerous disputes. Defendant is currently appealing the Court’s rulings on those issues.
2
The Federal Public Defender’s office declined representation of Defendant in this matter.
-2-
34
Case 6:21-cr-10073-EFM Document 277-1 Filed 02/28/25 Page 35 of 44
II. Legal Standard
The compassionate release statute, 18 U.S.C. § 3582(c)(1)(A), allows a defendant to seek
early release from prison provided certain conditions are met. First, a motion for compassionate
release may only be filed if: (1) “the defendant has fully exhausted all administrative rights to
appeal a failure of the Bureau of Prisons to bring a motion on the defendant’s behalf;” or (2) 30
days have lapsed “from the receipt of such a request by the warden of the defendant’s facility,
whichever is earlier.”3 Exhaustion is a mandatory claim-processing rule in the Tenth Circuit.4
If a defendant satisfies the exhaustion requirement, district courts use a three-part test when
deciding a defendant’s motion.5 This test requires the Court to consider whether (1) “extraordinary
and compelling reasons” warrant the sentence reduction, (2) “such reduction is consistent with
applicable policy statements issued by the Sentencing Commission,” and (3) reduction is
consistent with the applicable sentencing factors set forth in 18 U.S.C. § 3553(a).6 If the Court
denies the motion because the defendant fails to meet one of the prerequisites, it may do so without
3
18 U.S.C. § 3582(c)(1)(A).
4
United States v. Hemmelgarn, 15 F.4th 1027, 1030–31 (10th Cir. 2021).
5
United States v. McGee, 992 F.3d 1035, 1042–43, 10th Cir. 2021) (quoting United States v. Jones, 980 F.3d
1098, 1107 (6th Cir. 2020)); see also United States v. Maumau, 993 F.3d 821, 832 (10th Cir. 2021) (discussing and
employing the same three-part test).
6
McGee, 992 F.3d at 1042 (citations and internal quotation marks omitted).
-3-
35
Case 6:21-cr-10073-EFM Document 277-1 Filed 02/28/25 Page 36 of 44
addressing all three factors.7 If, however, the Court grants the motion, the Court must address all
steps.8
III. Analysis
Defendant requests early release from prison to care for his ailing father. In addition,
Defendant contends that the prison is inappropriately managing his health conditions. The
Government asserts that Defendant is not an appropriate candidate for a sentence reduction. The
Court finds that Defendant cannot establish an extraordinary and compelling reason warranting a
reduction in sentence.
A. Exhaustion
Defendant submitted a compassionate release request to the Warden of his facility on
January 20, 2025. Defendant then filed two of his motions for compassionate release with this
Court five days later, prior to exhausting his administrative remedies. The Government
originally—and rightly so—asserted that Defendant had not exhausted his administrative remedies
and requested dismissal of Defendant’s motions.9
On February 8, 2025, however, Defendant filed a response to the Government’s motion in
which he attached the Warden’s January 27, 2025, denial of Defendant’s request for compassionate
release. The Government concedes that Defendant now meets the exhaustion requirement. Thus,
although Defendant’s motions originally could have been dismissed for failure to exhaust, the
7
Id. at 1043 (citation omitted); see also United States v. Hald, 8 F.4th 932, 942–43 (10th Cir. 2021) (explicitly
stating that a district court can choose which order to consider the three steps, and “[i]f the most convenient way for
the district court to dispose of a motion for compassionate release is to reject it for failure to satisfy one of the steps,
we see no benefit in requiring it to make the useless gesture of determining whether one of the other steps is satisfied.”).
8
McGee, 992 F.3d at 1043 (citation omitted).
9
Doc. 254 (Government’s Motion to Dismiss Compassionate Release Motions).
-4-
36
Case 6:21-cr-10073-EFM Document 277-1 Filed 02/28/25 Page 37 of 44
Court now finds that Defendant has satisfied the exhaustion requirement in § 3582(c) and will
proceed to determine the merits of Defendant’s motion.
B. Extraordinary and Compelling Reasons
In determining whether a defendant presents an extraordinary and compelling reason
warranting a sentence reduction, the Court considers whether the reduction is “consistent with
applicable policy statements issued by the Sentencing Commission.”10 On November 1, 2023, the
Sentencing Commission issued new sentencing guidelines, including a policy statement, which is
now included within the text of the guidelines.11 Some of the circumstances that may be relevant
when deciding if a defendant presents an extraordinary and compelling reason for a sentence
reduction include: (1) the medical circumstances of the defendant; (2) the age of the defendant and
a serious deterioration in health; (3) the family circumstances of the defendant; (4) the defendant
was the victim of sexual or physical abuse while incarcerated by or at the direction of an employee
of the correctional facility; and (5) any other circumstances or combination of circumstances that
are similar in gravity to the first four circumstances.12 In addition, an unusually long sentence may
be a consideration but only if there has been a change in the law; the defendant has served at least
ten years of the unusually long sentence; and the change in law would “produce a gross disparity
between the sentence being served and the sentence likely to be imposed at the time the motion is
filed.”13
10
18 U.S.C. § 3582(c)(1); see also McGee, 992 F.3d at 1042.
11
See U.S.S.G. § 1B1.13.
12
Id. § (b)(1)–(5).
13
Id. § (b)(6).
-5-
37
Case 6:21-cr-10073-EFM Document 277-1 Filed 02/28/25 Page 38 of 44
In this case, Defendant first requests compassionate release to take care of his father. He
asserts that his father recently had shoulder surgery and suffered a fall in which he broke two ribs
and his hand. He states that his father is unable to take care of himself. Defendant states that he is
the only available caregiver because his sister works full time and has underlying health conditions.
Section § 1B1.13(b)(3)(C) provides that “[t]he incapacitation of the defendant’s parent
when the defendant would be the only available caregiver for the parent” may be an extraordinary
and compelling reason for release. The plain language of § 1B1.13(b)(3)(C), however, requires
that Defendant be the only available caregiver.14 Defendant fails to make this demonstration. The
record reflects that Defendant has several half-siblings that could be Defendant’s father’s
caregiver.15 Thus, Defendant simply cannot establish that he is the only available caregiver.
Furthermore, the Court finds that Defendant’s father is not incapacitated within the
meaning of the guidelines. “‘Incapacitation’ within the meaning of § 1B1.13(b)(3) typically means
that the individual is ‘completely disabled’ and ‘cannot carry on any self-care’ or ‘is totally
confined to a bed or chair.’”16 Here, the evidence indicates that Defendant’s father is recovering
from shoulder surgery and then suffered a fall in which he broke two ribs and his hand. Although
14
Id. § (b)(3)(C); see also United States v. Davis, 2024 WL 4436600, at *2 (D. Kan. Oct. 7, 2024) (denying
the defendant’s request for early release after finding that the defendant was not the only available caregiver because
the defendant’s three sisters could help even though the sisters had busy lives).
15
The Court has reviewed Defendant’s Presentence Investigation Report (“PSI”) which states that Defendant
has four paternal half-siblings, one of which is deceased. Another half-sibling, Tammy Boyer, provided an affidavit
in which she averred that she herself was ill and was unable to take care of their father. There is no information on the
other two half-siblings’ ability to care for Defendant’s father. The Court also notes, however, that the PSI indicates
that Defendant and his father were estranged for quite some time, and in 2023, Defendant only had contact with his
father once or twice a year.
16
United States v. Smith, 2024 WL 4102041, at *2 (E.D. Ky. Aug. 27, 2024) (citing United States v. Steele,
2024 WL 1928945, at *3 (S.D. Ohio May 1, 2024)); see also United States v. Striganivicz, 2025 WL 52006, at *2–3
(E.D. Pa. Jan. 8, 2025) (citing cases in which courts found that incapacitation means “completely disabled” or cannot
“carry on any self-care and is totally confined to a bed or chair.”).
-6-
38
Case 6:21-cr-10073-EFM Document 277-1 Filed 02/28/25 Page 39 of 44
Defendant’s father may have limited mobility, these conditions do not incapacitate him within the
meaning of the guidelines.17 The Court expresses its sympathy for Defendant’s father’s health
challenges, but these circumstances simply do not indicate that he is incapacitated. Thus, because
Defendant is not the only available caregiver and because Defendant’s father is not incapacitated
within the meaning of the guidelines, Defendant fails to present an extraordinary and compelling
reason warranting release.
Defendant additionally contends that his medical circumstances warrant an early release
from prison. Section 1B1.13(b)(1) provides that the medical circumstances of the defendant may
provide an extraordinary and compelling reason for release. Specifically, a consideration under
§ 1B1.13(b)(1)(C) is whether the defendant is “suffering from a medical condition that requires
long-term or specialized medical care that is not being provided and without which the defendant
is at risk of serious deterioration in health or death.”18
Defendant asserts that he faces ongoing health risks due to the alleged inability to properly
maintain his CPAP device and due to lack of access to mental health treatment. There simply is
insufficient evidence showing that Defendant is suffering from a medical condition that requires
long-term specialized medical care and/or that he is not being provided with appropriate medical
care. Thus, Defendant fails to present an extraordinary and compelling reason based on his health
care concerns that warrants early release.
17
See Steele, 2024 WL 1928945, at *3 (stating that hip and knee replacement surgeries do not fall within the
meaning of incapacitation).
18
U.S.S.G. § 1B1.13(b)(1)(C). Sections 1B1.13(b)(1)(A) and (B) are wholly inapplicable to Defendant.
-7-
39
Case 6:21-cr-10073-EFM Document 277-1 Filed 02/28/25 Page 40 of 44
C. Section 3553(a) Factors
The Court’s conclusion is bolstered by a consideration of the applicable sentencing factors
enumerated in 18 U.S.C. § 3553(a).19 Some of these factors include the nature and circumstances
of the offense; the need for the sentence imposed to reflect the seriousness of the offense, afford
adequate deterrence, and protect the public from future crimes by the defendant; and the need to
avoid unwarranted sentence disparities.20
Defendant was found guilty on 12 counts related to COVID-19 fraud in 2022. He was
sentenced to 27 months’ imprisonment. The Court allowed his release while he appealed his
conviction to the Tenth Circuit, and it also allowed an extension of time for Defendant to self-
surrender after the Tenth Circuit’s mandate was issued. Defendant reported to prison on December
31, 2024, and he filed a motion for release after serving only 25 days of his 27-month sentence. At
this point, he has only served 45 days and granting him release would constitute a sentence
reduction of approximately 95%. Reducing Defendant’s sentence to time served is completely
unwarranted and would not reflect the seriousness of Defendant’s criminal conduct nor provide
adequate deterrence or appropriate punishment.21 Accordingly, the Court finds that Defendant does
not demonstrate extraordinary and compelling reasons to warrant his early release from prison.
19
See 18 U.S.C. § 3582(c)(1) (stating that the court should consider the factors set forth in § 3553(a) when
determining the length of imprisonment).
20
18 U.S.C. § 3553(a).
21
The Court also notes that Defendant has objected to every means the Government has sought to obtain
restitution from Defendant this past year. He has filed no less than 10 motions, and Defendant has paid very little of
the restitution amount.
-8-
40
Case 6:21-cr-10073-EFM Document 277-1 Filed 02/28/25 Page 41 of 44
IT IS THEREFORE ORDERED that Defendant’s Motion to Reduce Sentence (Doc.
247), Supplemental Motion to Reduce Sentence (Doc. 248), and Renewed Motion to Expedite
Consideration of Defendant’s Motion for Compassionate Release (Doc. 253) are DENIED.
IT IS FURTHER ORDERED that the Government’s Motion to Dismiss Compassionate
Release Motions (Doc. 254) is DENIED AS MOOT.
IT IS SO ORDERED.
Dated this 14th day of February, 2025.
ERIC F. MELGREN
CHIEF UNITED STATES DISTRICT JUDGE
-9-
41
Case 6:21-cr-10073-EFM Document 277-1 Filed 02/28/25 Page 42 of 44
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
UNITED STATES OF AMERICA,
Plaintiff,
vs. Case No. 21-10073-EFM
MICHAEL R. CAPPS,
Defendant.
ORDER
The Court previously imposed a stay on its Order (Doc. 262) Denying Defendant’s Motions
to Reduce Sentence, staying the Order so Defendant could file a Reply to the Government’s
Response by February 26, 2025. Defendant has now filed his reply.1 The Court has reviewed
Defendant’s submissions, and they do not contain any materially new allegations or arguments
that change the Court’s decision. Thus, the Court lifts its stay on its previous order denying
Defendant’s motions for release and filed that Order in its original form.2
1
Defendant filed two replies.
2
Defendant captioned one of his replies as a “Verified Consolidated Reply to Government’s Response and
Motion for Reconsideration.” Doc. 268. The Court’s Order was stayed to receive Defendant’s Reply and thus
Defendant could not file a motion for reconsideration of the Court’s stayed order. Thus, the Court considers
Defendant’s motion for reconsideration (if in fact he filed such a motion; the submission is unclear) moot.
42
Case 6:21-cr-10073-EFM Document 277-1 Filed 02/28/25 Page 43 of 44
IT IS THEREFORE ORDERED that the Court lifts its stay on the Memorandum and
Order (Doc. 262), dated February 14, 2025 and files the Order in its original form.
IT IS SO ORDERED.
Dated this 27th day of February, 2025.
ERIC F. MELGREN
CHIEF UNITED STATES DISTRICT JUDGE
-2-
43
Case 6:21-cr-10073-EFM Document 277-1 Filed 02/28/25 Page 44 of 44
IN THE UNITED STATES DISIRICT COURT
FOR THE DISTRICT OF KANSASs (Wichita Docket)
UNITED STATES OF AMERICA,
Plaintiff,
V. Case No. 21-10073-FFM
MICHAEL CAPPS,
Defendant.
NOTI CE OF APPEAL
Notice is hereby given that Defendant, Michael Capps, hereby appeals
the Tenth Circuit from the
to the United States Court of Appeals for
the District of
Order of the United States District Court for
stay on its
Kansas, entered on February 27, 2025, lifting the
Defendant's Motions
Memorandum and Order (Doc. 262) and denying
to Reduce Sentence.
28 U.S.C. § 1291 and Federal
This appeal is taken pursuant to
Rule of Appellate Procedure 4(b).
Dated: February 27, 2025
Respectfully submitted,
Register No. 66142- 509
Florence Prison Camp
PO Box 5000
Florence, CO 81226
44
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