Pandemic Darlings The pandemic economy, in original documents
Home Source documents Criminal Docket for Case 6:21-cr-10073-EFM-1 — United States v. Michael R. Capps (D. Kan., Dkt. 277-1)

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).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-d-kan-no-6-21-cr-10073-dkt-277-1-d-kan-8160a79192/, SHA-256 07f332e4f8d980b016c07de0db7d7e2373f8b09df320480236e397d477cf159a.

Full text

   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


File and source

File
277-att1.pdf
Size
556,069 bytes
SHA-256
07f332e4f8d980b016c07de0db7d7e2373f8b09df320480236e397d477cf159a
Our copy
277-att1.pdf
Original
No public link identified.
Back to top