Minutes, Status Conference and Motions Hearing — United States v. Olamide Olatayo Bello (E.D. Tex., Dkt. 418)

Summary

Court minutes of a status conference and motions hearing on December 19, 2024 before District Judge Amos L. Mazzant, III, filed as Document 418 in the Eastern District of Texas, Sherman Division, in the case against Olamide Olatayo Bello. The minutes list Bello as appearing pro se, with Phillip Linder as standby counsel, and Sean Taylor for the government. They record that the case is specially set for trial for 1/13/25, that the court denied the motion at #309 and found that the defendant violated the conditions of release, and that the court denied numerous other numbered motions as moot or frivolous. They also state that the court advised Bello to begin preparing for trial and not file continual frivolous motions.

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“Minutes, Status Conference and Motions Hearing — United States v. Olamide Olatayo Bello (E.D. Tex., Dkt. 418).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-e-d-tex-no-4-23-cr-00136-dkt-418-e-d-tex-1bb293c9bb/, SHA-256 2611760269b32eff6dc0a167ced479048fdf6c0d816cbec4f1d01ce05b4d11a9.

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Case 4:23-cr-00136-ALM-BD Document 418 Filed 12/19/24 Page 1 of 6 PageID #:
2450
IN UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION

DATE: 12/19/2024

DISTRICT JUDGE COURT REPORTER: Chris Bickham
Amos L. Mazzant, III COURTROOM DEPUTY: Keary Conrad
United States of America
4:19-CV-373
v.

Olamide Olatayo Bello

ATTORNEYS FOR GOVERNMENT ATTORNEYS FOR DEFENDANT
Sean Taylor Pro Se (with standby counsel, Phillip Linder)

On this day, came the parties by their attorneys and the following proceedings were held in Sherman, TX:

TIME: MINUTES: Status Conference/Motion(s) hearing
1:30 p.m. Court in session. Court notes appearances.

The Court reviews and questions the defendant regarding his desire to w aive jury trial. Court advises of
2 other defendants that have requested a jury trial. Even if the Court allows him to consent it could still
be a jury trial because the Court will not separate the defendants. Defendant acknowledges that he
understands.
The Court advises the Defendant that he will allow the defendant to waive if no other co defendant goes
to trial but defendant is advised that if other defendants proceed the court w ill go for a jury trial. Case is
specially set for trial for 1/13/25.
#287 – motion for hearing – deny as moot – because Defendant has been given a hearing on the issue;
and its moot because the magistrate judge has issued a decision on the jurisdictional m atter.
#289 – speedy trial – Magistrate Judge Davis addressed in his R & R. Denied because addressed there;
and a trial date has been set; the speedy trial act has not been violated in any way in this case.
Objections to the R & R can be addressed at that time.
#293 - motion for hearing – frivolous motion – no merit; Court denied.

#294 – emergency pro se motions – denied as moot.

#307 – ex parte relief – denied as moot – The Court has given the defendant a hearing

#308 – strike - The Court is not going to reinstate those motions; motions were not properly filed
because of hybrid representation.
Case 4:23-cr-00136-ALM-BD Document 418 Filed 12/19/24 Page 2 of 6 PageID #:
CASE NO. 4:23CR136 2451
DATE:12/19/2024
PAGE 2 - PROCEEDINGS CONTINUED:

TIME: MINUTES: Status Conference/Motion(s) hearing
#309 – revoke pretrial release and revocation - A fter hearing argument from the Defendant and the
Government, the Court denies and finds that the defendant violated the conditions of release and his
remand to custody was appropriate.
#310 - denied. Defendant may object to findings of magistrate judge. In the Court’s view speedy trial
has not been violated and the case is specially set.
#311 - motion to dismiss - pretrial cruel punishment. Court hears from Defendant. The Court finds that
the Defendant is complaining of conditions at the jial and advises that he needs to pursue the grievance
process. The Court will make inquiry with the USM but that is not a basis and not sufficient to dism iss
the case. Court denies #311. Court advises defendant to prusue the grievance process.
Court hears from standby counsel Phillip Linder regarding printed records provided by the Government.
The Court advises that the Court cannot control the jail access to the library . The Court does not dictate
the rules to the facility.
#313 - withdraw linder as counsel - Court advises Defendant that Mr. Linder is standby counsel. The
Court advises that the Defendant has no right on whether or not he has standby counsel, the Court makes
that decision. The Defenant is advised that he does not have to consult w ith him; but the Court appoints
standby counsel. Defendant advises that this issue is resolved. The C ourt denies #313 as moot.
#314 - denied as moot.

#317 - denied. The issues raised in the R & R the Court will consider.

#319 - denied.

#321 - the Court advises the Defendant that there are limited issues for appeal. Court denies in the sense
that it has to be a non-frivilous issue for appeal. D efendant is advised that he can file an IFP request at
the end of the case; if the 5 th circuit institutes and thinks that they need me to decide if you can proceed
IFP; the motion is denied without prejudice.
#322 - denied as moot; if there are no other defendants going to trial the C ourt will sign an order
allowing the defendant to proceed without a jury. The Defendant has signed the consent. The C ourt will
hold until closer to trial.
#323 - frivolous motion; Court has already dealt with this. Court denies motion.

#324 - Court denied. It is up to the facility regarding access to the law library and items provided to the
cell of the Defendant. The Court will make an inquiry about the Defendant’s access generally but it is
not going to be a demand by the Court to allow access.
#328 - Court denied. The Defendant is advised to raise any objections to Judge Davis’ R & R.

#329 - Denied.
Case 4:23-cr-00136-ALM-BD Document 418 Filed 12/19/24 Page 3 of 6 PageID #:
CASE NO. 4:23CR136 2452
DATE:12/19/2024
PAGE 3 - PROCEEDINGS CONTINUED:

TIME: MINUTES: Status Conference/Motion(s) hearing
#330 - Denied.

#331 - improper joinder - The Court denies.

#332 - Court reviewed the pending indictment and the Government has alleged all the necessary
elements for the crime so the Court denies the motion.
#333 - Court denied. The Court finds the pretrial release was properly revoked.

#334 - Court reviewed the pending indictment and the Government has alleged all the necessary
elements for the crime so the Court denies the motion.
#335 - Court denied motion. No evidence that exculpatory evidence was destroyed.

#336 - the Government did nothing in violation of the law and there is no basis to dismiss or any kind of
delay. Court Denied.
#337 - Court reviewed the pending indictment and the Government has alleged all the necessary
elements for the crime so the Court denies the motion.
#338 - Court denied as moot. Defendant received a hearing on all pending motions.

#339 - Court denied. Court will make inquiry to the USM as to what the policies are regarding him
getting his medical records but the Court will not order the facility to do anything that violates their
policies.
#340 - regarding pro se representation. Court denied as moot. The motions were not properly appealed
to the District Court. The Defendant is representing himself and has a trial date. There is not a basis for
dismissal.
#341 - motion for summary judgment - denied. Not an appropriate motion to file

#342 -Court reviewed the pending indictment and the Government has alleged all the necessary elements
for the crime so the Court denies the motion.
#343 - Court denied motion as frivolous.

#345 - Court denied motion as frivolous.

#346 - Court denied as moot. Investigator appointed has reached out to the D efendant.

#349 - Court denied motion as frivolous.

#350 - Court denied motion as frivolous.
Case 4:23-cr-00136-ALM-BD Document 418 Filed 12/19/24 Page 4 of 6 PageID #:
CASE NO. 4:23CR136 2453
DATE:12/19/2024
PAGE 4 - PROCEEDINGS CONTINUED:

TIME: MINUTES: Status Conference/Motion(s) hearing
#351 - Court denied as moot. The Government was advised that a copy should be provided to the
Defendant in jail. The Court finds that there is no prejudice to the Defendant. The Court finds that there
was no harm to the Defendant.
#353, 354 - The Court notes that those motions are being handled by Magistrate Judge Davis.

#355 - Court denied.

#356 - Court denied as moot.

#357 - The Court notes that this motion is being handled by Magistrate Judge Davis.

#358 - Court will grant the motion to strike. The Court will consider the instructions during trial if we
have a jury trial. The Court finds that they are irrelevant if there is no jury trial.
#367- Court will take under advisement and the Court will enter an order.

#368 - Bill of Particulars - The indictment is insufficient. The Court denied.

#371 - Fratta right violation

#372 - Court denied the motion.

#373 - Court denied.

#374 - The Court accepts the factual correction. Court grants on the basis of correcting the error made
by the Defendant in his pleading.
#375 - Denied.

#382 - repetitive motion - Denied.

#383 - Denied.

#391 - Denied as moot. The Government has indicated that they will provide the defendant a copy in the
future. The Court finds that there was no prejudice to the Defendant.
#394 - Denied as moot.

#395 - The Court will wait for Judge Davis’ R & R

#396 -Court will grant the motion. The Court will consider the instructions during trial if we have a
jury trial. The Court finds that they are irrelevant if there is no jury trial.
Case 4:23-cr-00136-ALM-BD Document 418 Filed 12/19/24 Page 5 of 6 PageID #:
CASE NO. 4:23CR136 2454
DATE:12/19/2024
PAGE 5 - PROCEEDINGS CONTINUED:

TIME: MINUTES: Status Conference/Motion(s) hearing
#397 - not a remedy this Court does.

#398 - The Court will wait for Judge Davis’ R& R .

#397, 398, 399, #400 are not motions but the Court takes notice of those.

#411 - the Government will respond to that in due course.

#412 - the Government will respond in due course.

#414 - the Government will respond in due course. The Government will respond to the current pending
motions that were just filed.
#413 - The Court hears argument from Defendant and the Government. The Court finds that the
Defendant violated his conditions of release. Defendant requests to be released to prepare for trial. The
Court explains to the Defendant that he is in custody, rightfully so, and that the Court will discuss with
the USM with access, but will not change the jail policies. The Court denied.
Court discusses with Defendant his repeated filing of motions. Court advises Defendant that he should
begin to prepare for trial and not file continual frivolous m otions.
3:16 p.m. Defendant’s standby counsel advises the Court and Defendant that on 12/30 the investigator is taking
devices and will meet with the Defendant in the jail so that the Defendant can go through the devices.
3:19 p.m. Defendant requests the Court reconsider the issue of confinement.

3:20 p.m. The Court hears from AUSA Taylor regarding the Defendant’s access to discovery in the jail and
personal identifying information of 3rd parties. The Government requests that the 3 rd party information
be protected by the documents not being put in the possession of the D efendant.
3:22 p.m. The Court hears from AUSA Taylor regarding meet and confer obligations regarding the jury
instructions. The Court instructs the Government to prepare their jury instructions and the pro se
defendant will file his own jury instructions.
3:23 p.m. Court hears from AUSA Taylor that the Government has filed a notice under 9211 regarding the
admissibility of certain records when an affidavit is provided by records custodian. No opposition to the
authenticity of the records. A copy was provided to Mr. Bello by hand delivery today and all the
affidavits for each record were provided to the Defendant.
3:30 p.m. Court adjourned.

DAVID O'TOOLE, CLERK

BY: Keary Conrad
Case 4:23-cr-00136-ALM-BD Document 418 Filed 12/19/24 Page 6 of 6 PageID #:
CASE NO. 4:23CR136 2455
DATE:12/19/2024
PAGE 6 - PROCEEDINGS CONTINUED:

Courtroom Deputy Clerk

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