paul minor christmas furlough request 122210

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI JACKSON DIVISION UNITED STATES OF AMERICA VS. CRIMINAL NO. 3:03cr120 PAUL S. MINOR, JOHN H. WHITFIELD, OLIVER E. DIAZ, JR., JENNIFER DIAZ, and WALTER W. “WES” TEEL DEFENDANT PAUL S. MINOR’S MOTION FOR FURLOUGH COMES NOW Defendant Paul S. Minor and moves the Honorable Court for a furlough to be with his parents and family for Christmas. As grounds for this motion Defendant Minor would state the following: 1. Defendant Minor was transferred from the federal prison camp in Pensacola, Florida to the Madison County Detention Center to await resentencing on January 20, 2010. As the Court is aware, the Court of Appeals for the Fifth Circuit reversed Defendant Minor’s 18 U.S.C. § 666 federal bribery convictions on December 11, 2009. United States v. Whitfield, 590 F.3d 325 (5thCir. 2009). As part of the resentencing proceedings, Defendant Minor also has a motion to vacate his conviction and sentence on the remaining charges in light of the Supreme Court’s decision in Skilling v. United States, 130 S.Ct. 2896 (2010). 2. Defendant Minor has been incarcerated for almost four years with no overnight furlough. During his incarceration Defendant Minor has had one brief daytime guard accompanied visit with his wife Sylvia as she was in the last days of her battle with cancer. 3. In the spirit of Christmas, Defendant Minor humbly requests a furlough to allow him to be with his parents and family during Christmas. Case 3:03-cr-00120-HTW -JCS Document 806 Filed 12/22/10 Page 1 of 5

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Paul Minor's Christmas Furlough Request

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Page 1: Paul Minor Christmas Furlough Request 122210

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF MISSISSIPPI

JACKSON DIVISION

UNITED STATES OF AMERICA

VS. CRIMINAL NO. 3:03cr120

PAUL S. MINOR, JOHN H. WHITFIELD,

OLIVER E. DIAZ, JR., JENNIFER DIAZ,

and WALTER W. “WES” TEEL

DEFENDANT PAUL S. MINOR’S MOTION FOR FURLOUGH

COMES NOW Defendant Paul S. Minor and moves the Honorable Court for a furlough

to be with his parents and family for Christmas. As grounds for this motion Defendant Minor

would state the following:

1. Defendant Minor was transferred from the federal prison camp in Pensacola,

Florida to the Madison County Detention Center to await resentencing on January 20, 2010. As

the Court is aware, the Court of Appeals for the Fifth Circuit reversed Defendant Minor’s 18

U.S.C. § 666 federal bribery convictions on December 11, 2009. United States v. Whitfield, 590

F.3d 325 (5thCir. 2009). As part of the resentencing proceedings, Defendant Minor also has a

motion to vacate his conviction and sentence on the remaining charges in light of the Supreme

Court’s decision in Skilling v. United States, 130 S.Ct. 2896 (2010).

2. Defendant Minor has been incarcerated for almost four years with no overnight

furlough. During his incarceration Defendant Minor has had one brief daytime guard

accompanied visit with his wife Sylvia as she was in the last days of her battle with cancer.

3. In the spirit of Christmas, Defendant Minor humbly requests a furlough to allow

him to be with his parents and family during Christmas.

Case 3:03-cr-00120-HTW -JCS Document 806 Filed 12/22/10 Page 1 of 5

Page 2: Paul Minor Christmas Furlough Request 122210

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4. Defendant Minor’s parents, Mr. and Mrs. Bill Minor, live only twenty minutes

from the Madison County Detention Center in Canton, Mississippi. Defendant Minor requests

that his family be allowed to pick him up at the detention center and return him at an appointed

time.

5. There is no risk that Defendant Minor will flee; in fact, Defendant Minor is

awaiting resentencing and the court’s ruling on his motion to vacate the his sentence and

conviction.

WHEREFORE, Defendant Minor respectfully moves this Honorable Court to grant him a

furlough to be with his parents and family at his parents’ home during Christmas. Specifically,

Defendant Minor respectfully moves that his family be allowed to pick him up at the Madison

County Detention Center Christmas Eve morning and return him to the detention center at an

appointed time on December 26, 2010. Alternatively, Defendant Minor moves that his family be

allowed to pick him up at an appointed time on Christmas day and return him to the Madison

County Detention Center at an appointed time on Christmas day.

Respectfully Submitted,

/s/ Hiram Eastland, Jr.______

Hiram Eastland, Jr. (MSB #5294)

Eastland Law Offices, PLLC

307 Cotton Street

Greenwood, Mississippi 38930

Office: 662-453-1227

Fax: 662-453-2808

email: [email protected]

Chuck McRae, MSB #2804

416 East Amite Street

Jackson, MS 39201

Office: 601-944-1008

Fax: 866-236-7731

email: [email protected]

Case 3:03-cr-00120-HTW -JCS Document 806 Filed 12/22/10 Page 2 of 5

Page 3: Paul Minor Christmas Furlough Request 122210

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Theodore B. Olson,

admitted pro hac vice

David Debold,

admitted pro hac vice

Gibson, Dunn & Crutcher LLP

1050 Connecticut Ave., NW

Washington, DC 20036

Office: 202-955-8500

Fax: 202-467-0539

email: [email protected]

email: [email protected]

Attorneys for Defendant Paul S. Minor

Case 3:03-cr-00120-HTW -JCS Document 806 Filed 12/22/10 Page 3 of 5

Page 4: Paul Minor Christmas Furlough Request 122210

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CERTIFICATE OF SERVICE

I, Hiram C. Eastland, Jr., do hereby certify that I have this day served counsel opposite

with the above and foregoing Entry of Appearance via the Court’s ECF filing system which sent

notification of this filing to:

Office of the U.S. Attorney for the Southern District of Mississippi

Department of Justice

Washington, D.C.

Respectfully submitted on this the 22nd

day of December, 2010.

BY: /s/ Hiram C. Eastland, Jr.

Hiram C. Eastland, Jr., MSB# 5294

EASTLAND LAW OFFICES, PLLC

307 COTTON STREET

GREENWOOD, MS 38930

Office: (662) 453-1227

Fax: (662) 453-2808

Email: [email protected]

Case 3:03-cr-00120-HTW -JCS Document 806 Filed 12/22/10 Page 4 of 5

Page 5: Paul Minor Christmas Furlough Request 122210

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IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF MISSISSIPPI

JACKSON DIVISION

UNITED STATES OF AMERICA

VS. CRIMINAL NO. 3:03cr120

PAUL S. MINOR, JOHN H. WHITFIELD,

OLIVER E. DIAZ, JR., JENNIFER DIAZ,

and WALTER W. “WES” TEEL

ORDER

Upon consideration of Defendant Paul S. Minor’s Motion For a Furlough to be

with his family during Christmas, and any opposition thereto, the Court hereby ORDERS that

Defendant Paul S. Minor’s Motion For a Furlough is GRANTED.

Defendant Minor’s family may pick Defendant Minor up at the Madison County

Detention Center at _____ on December, ____, 2010, and must return him to the detention center

by _____ on December, ____, 2010.

SO ORDERED.

Henry T. Wingate

United States District Court Judge

PREPARED BY:

/s/ Hiram Eastland, Jr.

Hiram Eastland, Jr.

Attorney for Paul S. Minor

Case 3:03-cr-00120-HTW -JCS Document 806 Filed 12/22/10 Page 5 of 5