Last time I updated the federal docket was 10/5/2022 so after reviewing the update below, I have a better understanding of how Stallworth's federal trial rights contributed to the delay up until May 8, 2024 when the docket cites that his Appeal Record including all jury exhibits were returned.
Following Stallworth's sentencing on 3/3/2023, he was appointed counsel for appeal-- which Notice of Appeal was filed on 3/21/2023. On 4/10/2023, the Court Ordered that his federal sentenced would NOT run concurrent to his yet to be imposed State sentence at conviction!
On May 7, 2024, USCJ affirmed the US District Court decision per Curium Opinion.
Per MSM dated 6/18/24, not sure why it would takes more than a month for the State to acknowledge the Appeal record & all the exhibits returned that the prosecution alleges are still with the Feds. Huh? MOO
U.S. District Court
Northern District of Alabama (Southern)
CRIMINAL DOCKET FOR CASE #: 2:20-cr-00206-LSC-SGC-1
| Case title: USA v. Stallworth | Date Filed: 07/28/2020
Date Terminated: 03/07/2023 |
03/01/2023
143
MOTION to Appoint Counsel
for Appeal by Patrick Devone Stallworth. (Collins, Derrick) (Entered: 03/01/2023)
03/03/2023 Minute Entry for proceedings held before Judge L Scott Coogler: Sentencing held on 3/3/2023 for Patrick Devone Stallworth. SENTENCE: CBP for a term of LIFE as to Counts 1s and 2s, separately and to be served concurrently with each other. SRT 60 months as to Counts 1s and 2s, to be served concurrently with each other. No Fine. AF $200.00. Deft remanded to custody of USM. hrg adj (Court Reporter Teresa Roberson) (MEB2) (Entered: 03/03/2023)
03/03/2023
144
Writ of Habeas Corpus ad Prosequendum (issued 7/31/2020) Returned Executed by delivering dft Patrick Devone Stallworth to Jefferson County Jail on 3/3/2023. (KWC, ) (Entered: 03/03/2023)
03/03/2023
145
PRESENTENCE INVESTIGATION REPORT (Sealed) as to dft Patrick Devone Stallworth (Attachments: #
1 Addendum to PSR)(KBB) (Entered: 03/03/2023)
03/07/2023
146
JUDGMENT as to dft Patrick Devone Stallworth (1), CBP LIFE as to Counts 1s and 2s sep and concur w/each other; SRT 60 mos w/Spec Cond as to Counts 1s and 2s; No Fine; AF $200.00; Dft Remanded to Custody of USM; Counts 1, 2, Statistically Dismissed, Superseding Indictment Filed;. Signed by Judge L Scott Coogler on 3/7/2023. (cm USM, Financial, and FLU) (KBB) (Entered: 03/07/2023)
03/07/2023
147
Sealed Document- SOR as to dft Patrick Devone Stallworth (cm Derrick Collins and USA) (KBB) (Entered: 03/07/2023)
03/08/2023
149
MOTION to Alter Judgment
to Federal Sentence Running Concurrent with Yet-to be Imposed State Sentences by Patrick Devone Stallworth. (Collins, Derrick) (Entered: 03/08/2023)
03/09/2023 #150
TEXT ORDER as to Patrick Devone Stallworth; The USA is DIRECTED to file a Response to Defendant's
149 Motion to Alter Judgment to Federal Sentence Running Concurrent with Yet-to be Imposed State Sentences by Patrick Devone Stallworth within seven (7) calendar days from the entry date of this Order. Signed by Judge L Scott Coogler on 3/9/2023. (MEB2) (Entered: 03/09/2023)
03/09/2023
151
MOTION for Writ of Habeas Corpus ad prosequendum by USA as to Patrick Devone Stallworth. (Milner, M) (Entered: 03/09/2023)
03/09/2023 #152
TEXT ORDER granting
151 Motion for Writ of Habeas Corpus ad prosequendum as to Patrick Devone Stallworth (1). Signed by Magistrate Judge Staci G Cornelius on 3/9/2023. (KBB) (Entered: 03/09/2023)
03/09/2023 Writ of Habeas Corpus ad Prosequendum Issued to Jefferson County Jail, Birmingham, AL as to dft Patrick Devone Stallworth for Ex Parte Hearing on 3/10/2023, at 10:00 a.m., before Magistrate Judge Staci G. Cornelius. (KBB) (Entered: 03/09/2023)
03/13/2023
153
Writ of Habeas Corpus ad Prosequendum (issued 3/9/2023) Returned Executed by delivering dft Patrick Devone Stallworth to Jefferson County Jail on 3/10/2023. (KWC, ) (Entered: 03/13/2023)
03/15/2023
154
RESPONSE to by USA as to Patrick Devone Stallworth re
149 Motion to Alter Judgment (Milner, M) (Entered: 03/15/2023)
03/17/2023
155
REPLY TO RESPONSE to Motion by Patrick Devone Stallworth re
136 Response in Opposition,
149 MOTION to Alter Judgment
to Federal Sentence Running Concurrent with Yet-to be Imposed State Sentences (Collins, Derrick) (Entered: 03/17/2023)
03/21/2023
156
EXPARTE ORDER as to dft Patrick Devone Stallworth re
143 MOTION to Appoint Counsel; The court finds the defendant is indigent and incapable of retaining counsel for appeal. Accordingly, the defendant's motion (Doc.
143 ) is
GRANTED, and the Clerk is
DIRECTED to appoint counsel to represent the defendant on appeal. Mr. Collins is
RELIEVED of any further representation of the defendant related to this action. Signed by Magistrate Judge Staci G Cornelius on 3/21/2023. (KAB) (Entered: 03/21/2023)
03/21/2023 #157
ORDER APPOINTING COUNSEL FOR APPEAL as to Patrick Devone Stallworth; Perry Russell Steen appointed; Signed by Magistrate Judge Staci G Cornelius on 3/21/2023. (BST, ) (Entered: 03/21/2023)
03/21/2023
158
NOTICE OF APPEAL by Patrick Devone Stallworth (Steen, Perry) (Entered: 03/21/2023)
03/21/2023
159
Transmittal Letter to the Eleventh Circuit Court of Appeals as to dft Patrick Devone Stallworth re
158 Notice of Appeal - Final Judgment (KAB) (Entered: 03/21/2023)
03/21/2023
160
Transmission of Notice of Appeal and Docket Sheet as to dft Patrick Devone Stallworth to US Court of Appeals re
158 Notice of Appeal - Final Judgment (KAB) (Entered: 03/21/2023)
03/23/2023 USCA Case Number as to dftPatrick Devone Stallworth 23-10879-B for
158 Notice of Appeal - Final Judgment filed by Patrick Devone Stallworth. (KAB) (Entered: 03/23/2023)
03/24/2023
161
TRANSCRIPT REQUEST by Patrick Devone Stallworth (Steen, Perry) (Entered: 03/24/2023)
03/24/2023
162
Second Transmittal Letter to Eleventh Circuit Court of Appeals as to dft Patrick Devone Stallworth re
158 Notice of Appeal - Final Judgment (KBB) (Entered: 03/24/2023)
03/27/2023
163
TRANSCRIPT REQUEST by Patrick Devone Stallworth (Steen, Perry) (Entered: 03/27/2023)
03/28/2023
Pursuant to F.R.A.P. 11(c), the Clerk of the District Court for the Northern District of Alabama certifies that the record is complete for purposes of this appeal re:
158 Notice of Appeal - Final Judgment, Appeal No. 23-10879-B. The record on appeal is available electronically with the exception of? Sealed Government and Defense Exhibits presented at Jury Trial(mailed to USCA on 3/24/2023) (KAB) (Entered: 03/28/2023)
04/04/2023
164
Transcript of Sentencing as to dft Patrick Devone Stallworth for dates of 3/3/2023 before Judge L. Scott Coogler, re
158 Notice of Appeal - Final Judgment Court Reporter/Transcriber Teresa Roberson, Telephone number 205-278-2060. 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. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. a copy can be obtained at
http://www.alnd.uscourts.gov/local/court forms/transcripts/Transcript% 20Redaction%20Policy.pdf See Transcript Redaction Policy Redaction Request due 4/25/2023. Redacted Transcript Deadline set for 5/5/2023. Release of Transcript Restriction set for 7/3/2023. (Attachments: #
1 Certification Page)(KAB) (Entered: 04/04/2023)
04/04/2023
165
TRANSCRIPT REQUEST PART III NOTIFICATION THAT TRANSCRIPT HAS BEEN FILED IN DISTRICT COURT filed by T. Roberson as to dft Patrick Devone Stallworth for proceedings held on 3/3/2023 before Judge L. Scott Coogler, (KAB) (Entered: 04/04/2023)
04/10/2023
166
MEMORANDUM OPINION and Order as to dft Patrick Devone Stallworth re
149 MOTION to Alter Judgment
to Federal Sentence Running Concurrent with Yet-to be Imposed State Sentences;
The acts committed by Stallworth supporting his convictions for these federal crimes are more than deserving of the punishment that the Court imposed, independent and separate from the state-imposed murder charges. Accordingly, this Court utilized the discretion granted to it by the Sentencing Guidelines and the Supreme Courts decision in Booker, supra, and determined that, even if they are relevant conduct, the federal and state sentences shall run consecutive to each other. This Court was not required to impose a concurrent sentence, and it was allowed to impose a consecutive sentence upon consideration of the factors set forth in 18 U.S.C. §§ 3584 and 3553(a). For the aforementioned reasons, Stallworth's motion (doc. 149 ) is DENIED. Signed by Judge L Scott Coogler on 4/10/2023. (KAB) (Entered: 04/10/2023)
06/14/2023
167
Transcript of Jury Trial-Voir Dire filed as to dft Patrick Devone Stallworth for dates of 10/3/2022 before Judge L. Scott Coogler, re
158 Notice of Appeal - Final Judgment Court Reporter/Transcriber Lindy Fuller, Telephone number 205-278-2000 (Joe Musso). 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. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. a copy can be obtained at
http://www.alnd.uscourts.gov/local/court forms/transcripts/Transcript% 20Redaction%20Policy.pdf See Transcript Redaction Policy Redaction Request due 7/5/2023. Redacted Transcript Deadline set for 7/15/2023. Release of Transcript Restriction set for 9/12/2023. (KBB) (Entered: 06/14/2023)
08/23/2023
168
MOTION for Access to
105 Transcript by USA as to Patrick Devone Stallworth. (Milner, M) Modified on 8/23/2023 (MEB2). (Entered: 08/23/2023)
08/23/2023 #169
TEXT ORDER granting
168 Motion for Access to
105 SEALED Transcript as to Patrick Devone Stallworth; The Clerk of Court is DIRECTED to provide a copy of
105 SEALED Transcript to counsel for the United States of America and Defendant Patrick Devone Stallworth. Signed by Judge L Scott Coogler on 8/23/2023. (MEB2) (Entered: 08/23/2023)
05/07/2024
170
JUDGMENT of USCA as to dft Patrick Devone Stallworth before Wilson, Luck, and Black, USCJ, AFFIRMING the District Courts Decisions w/ Per Curium Opinion Attached; ISSUED AS MANDATE 5/7/2024 re 158 Notice of Appeal - Final Judgment (Attachments: #
1 USCA Opinion)(KAB) (Entered: 05/07/2024)
05/08/2024
171
Appeal Record Returned as to Patrick Devone Stallworth appeal #23-10879-B: re
158 Notice of Appeal - Final Judgment: all jury exhibits. (KWC, ) (Entered: 05/08/2024)
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