Designation Form, Record on Appeal — United States v. Michael R. Capps (D. Kan., Dkt. 283, April 21, 2025)

Summary

Doc. 283 in Case 6:21-cr-10073-EFM (D. Kan.), filed April 21, 2025, is a designation form for the record on appeal in United States of America v. Michael R. Capps, Defendant, with a garnishee named in the caption. The signature block names Ted E. Knopp, Counsel for: Duaglo, LLC and Charles Capps. It is followed by a copy of the criminal docket for USA v. Capps, which lists appeals court case numbers 23-3095, 24-3083 and 24-3204. Docket entries near its close include a combined notice of appeal and conditional motion for extension of time to file notice of appeal by Duaglo, LLC, Charles Capps, entered 02/10/2025.

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

Full text

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Case 6:21-cr-10073-EFM Document 283 Filed 04/21/25 Page 1 of 31

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS

UNITED STATES OF AMERICA,

Plaintiff,
v. Case No. 6:21CR10073-001-EFM
MICHAEL R. CAPPS,
Defendant,
and
SECURITY IST TITLE, LLC,
Garnishee.

NOTE: THIS DESIGNATION FORM MUST BE COMPLETED AND FILED IN
ACCORDANCE WITH THE INSTRUCTIONS ON THE REVERSE SIDE OF THE

FORM.

Those original papers which have been designated by circling their respective docket
numbers (or dates of entry) on the attached copy of the district court’s docket sheets should be
included in the record on appeal prepared by the clerk of the district court and transmitted to
the clerk of the court of appeals. (Ifthe district court clerk so elects, original papers may be
retained in the district court and copies thereof may be included in the record on appeal.)

The following items should also be included in the record on appeal. (Portions of
transcripts should be designated by hearing dates and page numbers.)

(Attach additional sheets if necessary)

2
Signature: ‘a

Ted E. Knopp, SC #1

Counsel for: Duaglo, LLC and Charles Capps
Thereby certify that a copy of this designation, with docket sheets attached, was served on
opposing counsel and filed with the clerk of the court of appeals on } pail AACR.
Case 6:21-cr-10073-EFM Document 283 Filed 04/21/25 Page 2 of 31

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
L0CCA, 24-3204 L0OCCA

Defendant (1)

Michael R. Capps
E-Filing & ECF Notifications
TERMINATED; 05/12/2023

represented by Michael R. Capps

1611 S Utica Ave

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

Fax: 316-265-4433
Case 6:21-cr-10073-EFM

Pending Counts

18:1014 False statement to a bank
for a PPP loan; 18:2 Aiding and
abetting (INDICTMENT
9/8/2021)

(1)

18:1344(2) Bank fraud—PPP loan;
18:2 Aiding and abetting
(INDICTMENT 9/8/2021)

(2)

18:1001(a) False statement to the
SBA for EIDL loan 18:2 Aiding
and abetting (INDICTMENT
9/8/2021)

(4-5)

18:1343 Wire fraud, SBA; 18:2
Aiding and abetting
(INDICTMENT 9/8/2021)
(7-8)

18:1343 Wire fraud, Kansas
Department of Commerce; 18:2
Aiding and abetting
(INDICTMENT 9/8/2021)
(9-10)

18:1957 Money laundering; 18:2
Aiding and abetting
(INDICTMENT 9/8/2021)
(12-14)

18:1957 Money laundering; 18:2
Aiding and abetting
(INDICTMENT 9/8/2021)

(15)

Highest Offense Level
(Opening)

Document 283 Filed 04/21/25 Page 3 of 31

Alternative Phone:

Cell Phone:

Email: kurtpkerns@aol.com
TERMINATED: 05/30/2023
Designation; Retained

Bar Number; 15028

Bar Status: Active

Sentenced to 27 months imprisonment and 2 years
supervised release on Cts. 1, 2, 4, 5, 7, 8, 9, 10, 12,
13, 14, & 15,each count running concurrently.
$1200.00 special assessment fee. $318,647.21
restitution

Sentenced to 27 months imprisonment and 2 years
supervised release on Cts. 1, 2, 4, 5, 7, 8, 9, 10, 12,
13, 14, & 15,each count running concurrently.
$1200.00 special assessment fee. $318,647.21
restitution

Sentenced to 27 months imprisonment and 2 years
supervised release on Cts. 1, 2, 4, 5, 7, 8, 9, 10, 12,
13, 14, & 15,each count running concurrently.
$1200.00 special assessment fee. $318,647.21
restitution

Sentenced to 27 months imprisonment and 2 years
supervised release on Cts. 1, 2, 4, 5, 7, 8, 9, 10, 12,
13, 14, & 15,each count running concurrently.
$1200.00 special assessment fee. $318,647.21
restitution

Sentenced to 27 months imprisonment and 2 years
supervised release on Cts. 1, 2, 4, 5, 7, 8, 9, 10, 12,
13, 14, & 15,each count running concurrently.
$1200.00 special assessment fee. $318,647.21
restitution

Sentenced to 27 months imprisonment and 2 years
supervised release on Cts. 1, 2, 4, 5, 7, 8, 9, 10, 12,
13, 14, & 15,each count running concurrently,
$1200.00 special assessment fee. $318,647.21
restitution

Sentenced to 27 months imprisonment and 2 years
supervised release on Cts. 1, 2, 4, 5, 7, 8, 9, 10, 12,
13, 14, & 15,each count running concurrently.
$1200.00 special assessment fee. $318,647.21
restitution
Case 6:21-cr-10073-EFM Document 283 Filed 04/21/25 Page 4 of 31

Felony

Terminated Counts

18:1001(a) False statement to the
SBA for EID loan 18:2 Aiding
and abetting (INDICTMENT
9/8/2021)

(3)

18:1343 Wire fraud, SBA; 18:2
Aiding and abetting
(INDICTMENT 9/8/2021)

(6)

18:1343 Wire fraud, Sedgwick
County; 18:2 Aiding and abetting
(INDICTMENT 9/8/2021)

(11)

18:1957 Money laundering; 18:2
Aiding and abetting
(INDICTMENT 9/8/2021)
(16-19)

Dispositi

Acquitted

Acquitted

Dismissed per the Order filed 12/13/2022.

Acquitted

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
Case 6:21-cr-10073-EFM

Knopp Law Group, P.A.
310 W. Central Ave.
Wichita, KS 67202-1004

Document 283

Filed 04/21/25

Page 5 of 31

Garnishee

Coinbase, Inc.

c/o Corporation Service Company
1100 SW Wanamaker Rd., Ste. 201
Topeka, KS 66604

Garnishee

Security Ist 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
Case 6:21-cr-10073-EFM Document 283 Filed 04/21/25 Page 6of31

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. gurnev@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: 913-551-6730
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
Case 6:21-cr-10073-EFM Document 283 Filed 04/21/25 Page 7 of 31

Email All Attorneys

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 and Additional Recipients

Date Filed # | Docket Text

09/08/2021 l | 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)
Case 6:21-cr-10073-EFM Document 283 Filed 04/21/25 Page 8 of 31

09/21/2021

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

(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

MINUTE ENTRY for proceedings held before Magistrate Judge Gwynne E. Birzer:
RULE S5/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

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

BOND POSTED as to Michael R. Capps. (sz) (Entered: 09/24/2021)

09/27/2021

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

MOTION to Continue Status Conference and Jury Trial by Michael R. Capps.
(Kerns, Kurt) (Entered: 10/27/2021)

10/28/2021

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

MOTION to Continue Status Conference and Jury Trial by Michael R. Capps.
(Kerns, Kurt) (Entered: 01/07/2022)

01/10/2022

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
Case 6:21-cr-10073-EFM Document 283

Filed 04/21/25 Page 9 of 31

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

JOINT MOTION to Continue Status Conference and Jury Trial by Michael R. Capps.
(Kerns, Kurt) (Entered: 03/02/2022)

03/03/2022

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

MOTION to Continue Status Conference and Jury Trial by Michael R. Capps.
(Kerns, Kurt) (Entered: 05/04/2022)

05/05/2022

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

MOTION to Continue Status Conference and Jury Trial by Michael R. Capps.
(Kerns, Kurt) (Entered: 07/08/2022)

07/11/2022

MOTION to Continue Status Conference and Jury Trial by USA as to Michael R.
Capps. (Metzger, Alan) (Entered: 07/11/2022)

07/12/2022

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

MOTION in Limine by USA as to Michael R. Capps. (Attachments: # ] 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

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
Case 6:21-cr-10073-EFM Document 283 Filed 04/21/25 Page 10 of 31

DOCUMENTS category as to Michael R. Capps (1) Signed by Chief District Judge
Eric F. Melgren on 10/27/2022. (This isa TEXT ENTRY ONLY. There is no.pdf
document associated with this entry.) (cm) (Entered: 10/27/2022)

10/27/2022

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

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

MOTION to Continue Jury Trial by Michael R. Capps. (Kerns, Kurt) (Entered:
10/31/2022)

10/31/2022

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

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

UNOPPOSED MOTION in Limine by USA as to Michael R. Capps. (Metzger, Alan)
(Entered: 11/17/2022)

11/17/2022

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

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)
Case 6:21-cr-10073-EFM Document 283 Filed 04/21/25 Page 11 of 31

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 4] | 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 30 | AMENDED WITNESS LIST by USA as to Michael R. Capps. (Metzger, Alan)
(Entered: 12/06/2022)

12/06/2022 Sl | 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 33 | 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 283 Filed 04/21/25 Page 12 of 31

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

AMENDED WITNESS LIST by Michael R. Capps. (Kerns, Kurt) (Entered:
12/08/2022)

12/08/2022

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

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 isa 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

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

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

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

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

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,
Case 6:21-cr-10073-EFM Document 283 Filed 04/21/25 Page 13 of 31

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

INSTRUCTIONS TO THE JURY as to Michael R. Capps. (sz) (Entered:
12/20/2022)

12/21/2022

QUESTIONS FROM THE JURY filed as to Michael R. Capps. (kas) (Entered:
12/21/2022)

12/21/2022

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

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) (em) (Entered: 12/22/2022)

12/21/2022

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

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

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

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,

i2
Case 6:21-cr-10073-EFM Document 283 Filed 04/21/25 Page 14 of 31

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

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

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.goy. 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

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 283 Filed 04/21/25 Page 15 of 31

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

MOTION for a Preliminary Order of Forfeiture by USA as to Michael R. Capps.
(Gurney, Annette) (Entered: 01/25/2023)

01/27/2023

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

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

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

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

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.goy. 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 283 Filed 04/21/25 Page 16 of 31

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

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

SENTENCING MEMORANDUM by USA as to Michael R. Capps. (Gordon, Molly)
(Entered: 05/05/2023)

05/05/2023

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

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

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 isa TEXT ENTRY ONLY.
There is no.pdf document associated with this entry.) (cm) (Entered: 05/11/2023)

05/12/2023

EXHIBIT LIST by Government from Sentencing for Michael R. Capps. (cm)
(Entered: 05/12/2023)

05/12/2023

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

15
Case 6:21-cr-10073-EFM Document 283 Filed 04/21/25 Page 17 of 31

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

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

MOTION to Withdraw Kurt Kerns as Attorney by Michael R. Capps. (Kerns, Kurt)
(Entered: 05/16/2023)

05/17/2023

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

PRELIMINARY RECORD ON APPEAL transmitted to 1OCCA as to Michael R.
Capps re 101 Notice of Appeal. (Attachments: # 1 Preliminary Packet)(kas) (Entered:
05/26/2023)

05/26/2023

MOTION for Determination of Eligibility for Appointment of Counsel Under CJA
by Michael R. Capps. (Kerns, Kurt) (Entered: 05/26/2023)

05/26/2023

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

(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

(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

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

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

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 283 Filed 04/21/25 Page 18 of 31

05/30/2023

CJA 23 FINANCIAL AFFIDAVIT by Michael R. Capps. (kas) (Entered:
05/30/2023)

05/30/2023

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

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

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

ENTRY OF APPEARANCE by attorney Jacob Rasch—Chabot appearing for Michael
R. Capps. (Rasch-Chabot, Jacob) (Entered: 06/12/2023)

06/12/2023

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

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

E

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

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

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

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 283 Filed 04/21/25 Page 19 of 31

07/17/2023

ENTRY OF APPEARANCE on behalf of USA by Kathryn E. Sheedy. (Sheedy,

\PPLICATION 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

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

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

WRIT OF CONTINUING GARNISHMENT ENTERED BY CLERK as to Michael
R. Capps. Garnishee Northwestern Mutual; writ issued to US Attorney.
(Attachments: # ] Instructions to Debtor) (nao) (Entered: 07/17/2023)

07/20/2023

CERTIFICATE OF FILING OF TRANSCRIPT by Court Reporter Johanna L.
Wilkinson. (Wilkinson, Johanna) (Entered: 07/20/2023)

07/20/2023

TRANSCRIPT of Other Hearing held September 22, 2021 as to Michael R. Capps
before Judge Gwynne E. Birzer, Court Reporter Jo Wilkinson,
redwoofS8@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

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.goy. 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 283 Filed 04/21/25 Page 20 of 31

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

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

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.goy. 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

TRANSCRIPT of Jury Trial Volume II held December 14, 2022, as to Michael R.
Capps before Judge Eric F. Melgren, Court Reporter Jo Wilkinson,
redwoofS8@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 283 Filed 04/21/25 Page 21 of 31

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 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 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 TRANSCRIPT of Jury Trial Volume V held December 21, 2022, as to Michael R.

Capps before Judge Eric F. Melgren, Court Reporter Jo Wilkinson,
redwoofS8@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 283

Filed 04/21/25 Page 22 of 31

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

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.goy. 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

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

ANSWER to 127 Writ of Continuing Garnishment by Northwestern Mutual. (ca)
(Entered: 08/03/2023)

08/04/2023

E

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

E

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

ANSWER to 126 Writ of Continuing Garnishment by Ohio National Life Assurance
Corporation. (mam) (Entered: 08/10/2023)

08/30/2023

B| &

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

RETURN OF SERVICE of Notice of Forfeiture served on the property as to Michael
R. Capps. (Gumey, Annette) (Entered: 08/30/2023)

08/30/2023

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

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

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

21
Case 6:21-cr-10073-EFM Document 283 Filed 04/21/25 Page 23 of 31

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

WRIT OF CONTINUING GARNISHMENT ENTERED BY CLERK as to Michael
R. Capps. Garnishee Knopp Law Group, P.A.; writ issued to US Attorney.
(Attachments: # ] Notice and Instructions). (mls) (Entered: 09/05/2023)

09/06/2023

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

MOTION for Garnishee Order as to Northwestern Mutual by USA as to Michael R.
Capps. (Sheedy, Kathryn) (Entered: 09/06/2023)

09/06/2023

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

GARNISHEE ORDER granting 15] 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

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

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

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

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 283

Filed 04/21/25 Page 24 of 31

09/19/2023

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

ANSWER to 156 Writ of Continuing Garnishment by Coinbase, Inc. (mam)
(Entered: 09/25/2023)

09/26/2023

B

ANSWER to 149 Writ of Continuing Garnishment by Knopp Law Group, P.A.
(mam) (Entered: 09/27/2023)

12/08/2023

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

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

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:
# | Exhibit A — Notice of Intent to Offset)(Sheedy, Kathryn) (Entered: 12/21/2023)

12/29/2023

MOTION to Enforce Sentencing Order by Michael R. Capps. (mam) (Entered:
01/02/2024)

01/01/2024

B

AMENDED MOTION to Enforce Sentencing Order by Michael R. Capps. (mam)
(Entered: 01/02/2024)

01/02/2024

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

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

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

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

APPLICATION FOR WRIT OF CONTINUING GARNISHMENT to Garnishee
Security Ist Title, LLC by USA as to Michael R. Capps. (Sheedy, Kathryn) (Entered:
02/05/2024)

02/05/2024

WRIT OF CONTINUING GARNISHMENT ENTERED BY CLERK as to Michael
R. Capps. Garnishee Security Ist Title, LLC; writ issued to US Attorney.
(Attachments: # 1 Instructions to Debtor) (jk) (Entered: 02/05/2024)

02/09/2024

NOTICE of Garnishment and Instructions to Interested Parties, Garnishee Security
Ist Title, LLC by USA as to Michael R. Capps re 171 Writ of Continuing
Garnishment (Sheedy, Kathryn) (Entered: 02/09/2024)

02/14/2024

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 283 Filed 04/21/25 Page 25 of 31

02/14/2024)

4
02/27/2024 (

‘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

EXEMPTION CLAIM AND HEARING REQUEST by Michael R. Capps. (kas)
(Entered: 02/28/2024)

02/29/2024

ANSWER to 170 Application for Writ of Continuing Garnishment by Security Ist
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 (Irr) (Entered: 03/04/2024)

03/19/2024

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

OBJECTION to Exemption Claim and 175 Hearing Request by USA as to Michael
R. Capps. (Sheedy, Kathryn) (Entered: 03/19/2024)

03/26/2024

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 (|

‘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

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

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

N OTION for Stay of Briefing by Charles Capps as to Michael R. Capps. (Knopp,
Ted) (Entered: 04/17/2024)

04/22/2024 (

RESPONSE by USA as to Michael R. Capps re 183 Motion for Stay of Restitution
Pending Appeal. (Attachments: # ] 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 283 Filed 04/21/25 Page 26 of 31

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: # ] 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 ({

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

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

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

PRELIMINARY RECORD ON APPEAL transmitted to 1OCCA as to Michael R.
Capps re 193 Notice of Appeal. (Attachments: # 1 Preliminary Packet)(ca) (Entered:
06/17/2024)

06/18/2024

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

ENTRY OF APPEARANCE on behalf of USA by Carrie Nicole Capwell. (Capwell,

~|-Carrie) (Entered: 06/18/2024)

OBJECTION to 171 Garnishment by United States of America to Security Ist Title,
LLC by Charles Capps as to Michael R. Capps. (Attachments: # 1 Exhibit)(Knopp,

25
Case 6:21-cr-10073-EFM Document 283 Filed 04/21/25 Page 27 of 31

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)

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 isa 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

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

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

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

(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 283

Filed 04/21/25 Page 28 of 31

—

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 (

/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)

\
SUPPLEMENTAL MEMORANDUM by Charles Capps as to Michael R. Capps per
210. (Knopp, Ted) (Entered: 09/20/2024)

09/20/2024

SUPPLEMENTAL BRIEFING by USA as to Michael R. Capps per 210. (Sheedy,
Kathryn) (Entered: 09/20/2024)

09/30/2024

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)

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 (

ENTRY OF APPEARANCE by attorney Ted E. Knopp on behalf of Duaglo, LLC.
| (Knopp, Ted) (Entered: 09/30/2024)

09/30/2024 (

VJOINT MOTION to Allow Intervention by Duaglo, LLC, Charles Capps as to
Michael R. Capps. (Knopp, Ted) (Entered: 09/30/2024)

10/07/2024 (

/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 (

)MOTION for Joinder Joint Motion for Distribution of Funds by Michael R. Capps.
(Capps, Michael) (Entered: 10/09/2024)

10/ tag

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)

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: # ] Exhibit A)(Sheedy, Kathryn) (Entered: 10/15/2024)

10/17/2024

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 isa TEXT ENTRY ONLY,
There is no.pdf document associated with this entry.) (em) (Entered: 10/21/2024)

10/24/2024

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 283

Filed 04/21/25 Page 29 of 31

Mandate Letter)(msb) (Entered: 10/24/2024)

10/27/2024

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 (

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)

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)

1 oe |

)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)

| MOTION for Garnishee Order ,Garnishee Security Ist Title by USA as to Michael R.

Capps. (Attachments: # ] Exhibit A —- Appellant's Opening Brief filed on October 26,
2024)(Sheedy, Kathryn) (Entered: 11/13/2024)

11/18/2024

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

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)

i

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
C ‘|| ‘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 283 Filed 04/21/25 Page 30 of 31

12/23/2024

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)

a 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

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

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

PRELIMINARY RECORD ON APPEAL transmitted to 1OCCA as to Michael R.
Capps re 239 Notice of Appeal. (Attachments: # 1 Preliminary Packet)(kmc)
(Entered: 12/31/2024)

12/31/2024

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

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

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 (

‘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 isa 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 283 Filed 04/21/25 Page 31 of 31

01/28/2025

ENTRY OF APPEARANCE on behalf of USA by Jared S. Maag (Maag, Jared)
(Entered: 01/28/2025)

01/31/2025

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

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

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

RESPONSE TO MOTION by Michael R. Capps re 254 MOTION (Capps, Michael)
(Entered: 02/08/2025)

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

R

Correspondence Received on Behalf of Defendant (per EFM). (ca) (Entered:
02/10/2025)

02/10/2025

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)

30


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