U.S.

District Court
Western District of Missouri (Kansas City)
CRIMINAL DOCKET FOR CASE #: 4:12-cr-00239-FJG-1
Date Filed: 08/07/2012
Date Terminated: 11/25/2013

Case title: USA v. Yust

Assigned to: Chief District Judge

Fernando J. Gaitan, Jr

Defendant (1)
Kylr C Yust
TERMINATED: 11/25/2013

represented by

Kylr C Yust
24748-045
EL RENO
FEDERAL CORRECTIONAL
INSTITUTION
Inmate Mail/Parcels
P.O. BOX 1500
EL RENO, OK 73036
PRO SE
Harold L. Holliday , III
The Holliday Law Firm
1102 Grand Boulevard
Suite 1600
Kansas City, MO 64106
(816) 213-5611
Fax: (816) 842-1614
Email: haroldholliday@gmail.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained
Stephen C Moss
Federal Public Defender's Office KCMO
818 Grand Avenue
Suite 300
Kansas City, MO 64106
816-471-8282

Fax: 816-471-8008
Email: steve_moss@fd.org
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Public Defender or
Community Defender Appointment

Pending Counts

Disposition

CONTROLLED SUBSTANCE SELL, DISTRIBUTE, OR

DISPENSE
(1)

The defendant pleaded guilty to1

of the Indictment.
IMPRISONMENT: The defendant
is hereby committed to the
custody of the United States
Bureau of Prisons to be
imprisoned for a total term of 45
Months. The defendant is
remanded to the custody of the
United States Marshal.
SUPERVISED RELEASE: Upon
release from imprisonment, the
defendant shall be on supervised
release for a term of 3 years.
STANDARD CONDITIONS OF
SUPERVISION. ADDITIONAL
CONDITIONS OF SUPERVISED
RELEASE. Special Assessment:
$100; Fine Waived; No
Restitution.

Highest Offense Level

(Opening)
Felony

Terminated Counts
None

Highest Offense Level

(Terminated)
None

Disposition

Complaints

Disposition

None

Plaintiff
USA

represented by

Catherine A. Connelly
United States Attorney's Office
Narcotics
400 E. 9th Street
5th Floor
Kansas City, MO 64106
(816)426-4339
Fax: (816)426-4328
Email:
catherine.connelly@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Lajuana M. Counts
United States Attorney's Office
400 E. 9th Street
5th Floor
Kansas City, MO 64106
(816)426-4127
Fax: (816)426-5186
Email: lajuana.counts@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Assistant US
Attorney

Entries
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Date Filed

08/07/2012

Docket Text
ORDER as to Kylr C Yust. This indictment shall be kept secret
until a defendant is in custody or has been given bail, and upon
completion of the issuance of the warrant of arrest, the Clerk shall
seal the indictment, and it shall remain sealed pending further
order of the Court. Signed by United States Magistrate Judge
Robert E Larsen. This is a docket entry only. No document is
attached. (Moore, Terri) (Entered: 08/08/2012)

08/07/2012

INDICTMENT as to Kylr C Yust (1) count(s) 1. (Attachments: # 1

Criminal Cover Sheet) (Moore, Terri) (Entered: 08/08/2012)

08/08/2012

ORDER REFERRING CASE to Magistrate Judge Robert E Larsen

as to Kylr C Yust. Signed on August 8, 2012 by Chief District
Judge Fernando J. Gaitan, Jr. (Moore, Terri) (Entered:
08/08/2012)

08/15/2012

NOTICE to the Court by USA Concerning Conflict Review. (Moore,

Terri) (Entered: 08/15/2012)

11/21/2012

11/21/2012

ORDER as to Kylr C Yust. A defendant having been arrested, it is

ordered that this indictment be unsealed, and then processed in
accordance with established procedure and law. Signed by United
States Magistrate Judge Robert E Larsen. This is a docket entry
only. No document is attached. (Moore, Terri) (Entered:
11/21/2012)
4

Minute Entry for proceedings held before Magistrate Judge Robert

E. Larsen: INITIAL APPEARANCE and ARRAIGNMENT as to Kylr
C Yust held on 11/21/2012. Defendant advised of the charge,
penalties, and his rights. Government is moving to detain; bail not
set. Affidavit of financial status not completed. Defendant stated he
has retained attorney Harold Holliday. Defendant remanded to the
custody of the U.S. Marshal. (Arraignment and Detention Hearing
set for 11/27/2012 at 1:30 PM in Courtroom 6D, Kansas City (REL)
before Magistrate Judge Robert E. Larsen). To order a transcript
of this hearing please contact Terri Moore, 816-512-5054. (Moore,
Terri) (Entered: 11/21/2012)

11/21/2012

ORDER AUTHORIZING TEMPORARY TRANSFER OF

CUSTODY ON CONSENT as to Kylr C Yust. Signed on November
21, 2012 by Magistrate Judge Robert E. Larsen.(Moore, Terri)
(Main Document 5 replaced on 11/21/2012) (Moore, Terri).
(Entered: 11/21/2012)

11/26/2012

NOTICE OF ATTORNEY APPEARANCE - Harold L. Holliday, III

appearing for Kylr C Yust. (Holliday, Harold) (Entered: 11/26/2012)

11/26/2012

MOTION for detention hearing by USA as to Kylr C Yust.

Suggestions in opposition/response due by 12/13/2012 unless
otherwise directed by the court. (Connelly, Catherine) (Entered:
11/26/2012)

11/26/2012

MOTION to continue detention hearing by USA as to Kylr C Yust.

Suggestions in opposition/response due by 12/13/2012 unless
otherwise directed by the court. (Connelly, Catherine) (Entered:
11/26/2012)

11/26/2012

ORDER granting 7 motion for detention hearing as to Kylr C. Yust

(1); granting 8 motion to continue detention hearing as to Kylr C.
Yust (1). Signed on 11/26/12 by Magistrate Judge Robert E.
Larsen. (Suroff, Rebecca) (Entered: 11/26/2012)

11/27/2012

10

ARREST WARRANT RETURNED EXECUTED on 11/21/2012 as

to Kylr C Yust. This document contains original signatures of non
attorneys and is being maintained in a paper file at the
court.(Martin, Jan) (Entered: 11/27/2012)

11/27/2012

11

Minute Entry for proceedings held before Magistrate Judge Robert

E. Larsen: ARRAIGNMENT as to Kylr C Yust (1) Count 1 held on
11/27/2012, DETENTION HEARING as to Kylr C Yust held on
11/27/2012. Defendant pleaded not guilty. This case is set on the
1/7/13 criminal trial docket. Defendant is released on a $10,000
unsecured bond signed by defendant and defendant's grandfather.
Defense shall file any pretrial motions within ten days from this
date; government responses due seven days after motion filed. In
lieu of a scheduling conference, counsel are to meet within two
weeks and submit Proposed Stipulations and Orders to chambers
for filing. If parties will not be ready for trial by the scheduled
docket, a motion for continuance for a date certain should be filed
as soon as possible. To order a transcript of this hearing please
contact Dorothy Myers, 816-512-5059. (Myers, Dorothy) (Entered:
11/28/2012)

11/27/2012

15

Unsecured surety BOND ENTERED as to Kylr C Yust in amount of

$10,000.00, cosigned by Alfred E. Yust. (Anderson-Porter, Sue)
(Entered: 12/26/2012)

11/27/2012

16

ORDER setting conditions of release as to Kylr C Yust. Defendant

released on a $10,000.00 unsecured surety bond, cosigned by
Alfred E. Yust. Signed on 11/27/12 by Magistrate Judge Robert E.
Larsen.(Anderson-Porter, Sue) (Entered: 12/26/2012)

12/17/2012

12

ORDER as to Kylr C Yust setting pretrial conference for 11:15

a.m., 12/26/12. Signed on 12/17/12 by Magistrate Judge Robert E.
Larsen.(Wilson, Carol) (Entered: 12/17/2012)

12/21/2012

13

NOTICE OF HEARING as to Kylr C Yust. This is the official notice

for this hearing. P
retrial Conference set for WEDNESDAY,
12/26/2012 11:15 AM in Courtroom 6D, Kansas City (REL) before
Magistrate Judge Robert E. Larsen.This is a TEXT ONLY ENTRY.
No document is attached.(Anderson-Porter, Sue) (Entered:
12/21/2012)

12/24/2012

14

First MOTION to continue p

re-trial conference and trial by Kylr C
Yust. Suggestions in opposition/response due by 1/10/2013 unless
otherwise directed by the court. (Holliday, Harold) (Entered:
12/24/2012)

12/26/2012

17

ORDER, this criminal action is removed from the joint criminal jury
trial docket commencing January 7, 2013. It is further ORDERED
that this criminal action is set for trial on the joint criminal jury trial
docket commencing March 18, 2013. Signed on December 26,
2012 by Chief District Judge Fernando J. Gaitan, Jr. (Wheeler,
LaTandra) (Entered: 12/26/2012)

12/26/2012

18

Minute Entry for proceedings held before Magistrate Judge Robert

E. Larsen: PRETRIAL CONFERENCE as to Kylr C Yust held on
12/26/2012. Parties present in person and with counsel. Pretrial
conference held. This case is probably not for trial. Counsel has
filed a motion to continue in this matter. To order a transcript of
this hearing please contact Dorothy Myers, 816-512-5059. (Myers,
Dorothy) (Entered: 01/10/2013)

02/20/2013

19

ORDER as to Kylr C Yust setting pretrial conference for 4:45 p.m.,

3/6/13. Signed on 2/20/13 by Magistrate Judge Robert E.
Larsen.(Wilson, Carol) (Entered: 02/20/2013)

02/27/2013

20

Second MOTION to continue by Kylr C Yust. Suggestions in

opposition/response due by 3/18/2013 unless otherwise directed
by the court. (Holliday, Harold) (Entered: 02/27/2013)

02/28/2013

21

ORDER granting motion to continue 2

0 . The case as to defendant
Kylr C Yust is continued to the Accelerated Jury Trial set for
5/28/2013, at 8:30 AM before Chief District Judge Fernando J.
Gaitan Jr. Signed on 2/28/13 by Chief District Judge Fernando J.
Gaitan, Jr. (Shawver, Marylynn) (Entered: 02/28/2013)

04/26/2013

22

NOTICE OF HEARING as to Kylr C Yust. This is the official notice

for this hearing. S
how Cause Hearing set for 4/30/2013 02:30 PM
in Courtroom 6D, Kansas City (REL) before Magistrate Judge
Robert E. Larsen.. Signed on 4/26/13 by Magistrate Judge Robert
E. Larsen.This is a TEXT ONLY ENTRY. No document is
attached.(Myers, Dorothy) (Entered: 04/26/2013)

04/29/2013

23

ORDER as to Kylr C Yust setting pretrial conference for 3:45 p.m.,

5/13/13. Signed on 4/29/13 by Magistrate Judge Robert E.
Larsen.(Wilson, Carol) (Entered: 04/29/2013)

04/30/2013

24

Minute Entry for proceedings held before Magistrate Judge Robert

E. Larsen: SHOW CAUSE HEARING as to Kylr C Yust held on
4/30/2013. Parties appear in person and with counsel. Defendant
stipulates to the violation report. The Court revokes defendant's
bond and defendant is remanded to the custodyof the U.S.
Marshal. To order a transcript of this hearing please contact
Dorothy Myers, 816-512-5774. (Myers, Dorothy) (Entered:
05/01/2013)

05/06/2013

25

NOTICE OF HEARING as to Kylr C Yust. This is the official notice

for this hearing. C
hange of Plea Hearing set for 5/24/2013, at 9:30
AM in Courtroom 7C, Kansas City (FJG) before Chief District
Judge Fernando J. Gaitan Jr... Signed on 5/6/13 by Chief District
Judge Fernando J. Gaitan, Jr.This is a TEXT ONLY ENTRY. No
document is attached.(Shawver, Marylynn) (Entered: 05/06/2013)

05/07/2013

26

ORDER to revoke bond as to Kylr C. Yust. Signed on 05/06/13 by

Magistrate Judge Robert E. Larsen.(Suroff, Rebecca) Modified on
5/8/2013 to reflect that copies of the certified Order were
forwarded to the USM. (Wheeler, LaTandra). (Entered:
05/07/2013)

05/13/2013

27

MOTION to continue by Kylr C Yust. Suggestions in

opposition/response due by 5/31/2013 unless otherwise directed
by the court. (Holliday, Harold) (Entered: 05/13/2013)

05/15/2013

28

ORDER granting defendant's motion to continue 2

7 . The case as
to defendant Kylr C Yust (1) is continued. Accelerated Jury Trial
continued to 7/8/2013 at 8:30 AM in Kansas City (FJG). Signed on

5/15/13 by Chief District Judge Fernando J. Gaitan, Jr. (Enss,

Rhonda) (Entered: 05/15/2013)
05/15/2013

29

NOTICE OF Cancellation of Change of Plea HEARING previously

set for 5/24/13 as to Kylr C Yust. This is the official notice for this
hearing. S
igned on 5/15/13 by Chief District Judge Fernando J.
Gaitan, Jr.This is a TEXT ONLY ENTRY. No document is
attached.(Enss, Rhonda) (Entered: 05/15/2013)

06/08/2013

30

ORDER as to Kylr C Yust setting pretrial conference for 6/26/13.

Signed on 6/7/13 by Magistrate Judge Robert E. Larsen.(Wilson,
Carol) (Entered: 06/08/2013)

06/10/2013

31

NOTICE OF HEARING as to Kylr C Yust. This is the official notice

for this hearing. C
hange of Plea Hearing set for 7/2/2013 at 11:00
AM in Courtroom 7C, Kansas City (FJG) before Chief District
Judge Fernando J. Gaitan Jr. Signed on 6/10/13 by Chief District
Judge Fernando J. Gaitan, Jr.This is a TEXT ONLY ENTRY. No
document is attached.(Enss, Rhonda) (Entered: 06/10/2013)

07/02/2013

32

Minute Entry for proceedings held before Chief District Judge

Fernando J. Gaitan, Jr.: CHANGE OF PLEA HEARING as to Kylr
C Yust held on 7/2/2013 - Plea entered by Kylr C Yust (1) Guilty to
Count 1. To order a transcript of this hearing please contact Gayle
Wambolt, 816-512-5641. (Enss, Rhonda) (Entered: 07/02/2013)

09/18/2013

NOTICE OF DOCKET MODIFICATION. A modification has been

made to delete the document filed on 09/17/13 as Document No.
33 - MOTION for extension of time to file objections to
Presentence Investigation Report by Kylr C Yust. Suggestions in
opposition/response due by 10/4/2013 unless otherwise directed
by the court. (Holliday, Harold) - T
he motion has a proposed
order attached. Per Administrative Procedures any proposed
orders are to be emailed to the Courtroom Deputy in Word
format. This is a text entry only - no document is attached.
(McDowell, Shelly) (Entered: 09/18/2013)

09/18/2013

33

MOTION for extension of time to file objections to Presentence

Investigation Report by Kylr C Yust. Suggestions in
opposition/response due by 10/7/2013 unless otherwise directed
by the court. (Holliday, Harold) (Entered: 09/18/2013)

09/18/2013

34

MOTION for extension of time to file objections to Presentence

Investigation Report by Kylr C Yust. Suggestions in
opposition/response due by 10/7/2013 unless otherwise directed
by the court. (Holliday, Harold) (Entered: 09/18/2013)

09/18/2013

35

OBJECTION TO PRESENTENCE INVESTIGATION REPORT by

Kylr C Yust (Holliday, Harold) (Entered: 09/18/2013)

10/08/2013

36

ORDER finding as moot 33 and 34 defendant's MOTIONS for

extension of time to file objections to Presentence Investigation
Report as to Kylr C Yust (1). The Court notes defendant's
objections were filed 9/18/13. Signed on 10/8/13 by Chief District
Judge Fernando J. Gaitan, Jr. T
his is a TEXT ONLY ENTRY. No
document is attached.(Enss, Rhonda) (Entered: 10/08/2013)

10/17/2013

38

PRETRIAL MEMORANDUM OF LAW IN SUPPORT OF

DEFENDANT'S POSITION REGARDING SENTENCING by Kylr C
Yust (Holliday, Harold) (Entered: 10/17/2013)

10/21/2013

39

NOTICE OF HEARING as to Kylr C Yust. This is the official notice

for this hearing. S
entencing is set for 11/20/2013, at 9:30 AM in
Courtroom 7C, Kansas City (FJG) before Chief District Judge
Fernando J. Gaitan Jr. **OPTIONAL SENTENCING
MEMORANDUM DUE FIFTEEN (15) DAYS BEFORE HEARING
(11/5/13). Mandatory response due five (5) days thereafter.
Counsel who plan to argue variance under G
all v. U.S. should
submit a memo outlining factors which support the variance;
mandatory response required. Failure to timely file may result in
case being removed from docket. Memos are limited to twelve (12)
pages and one (1) memo per party unless a motion for leave to
exceed is granted in advance.**. Signed on 10/21/13 by Chief
District Judge Fernando J. Gaitan, Jr.This is a TEXT ONLY
ENTRY. No document is attached.(Shawver, Marylynn) (Entered:
10/21/2013)

10/28/2013

40

**AMENDED** NOTICE OF HEARING as to Kylr C Yust. This is

the official notice for this hearing. S
entencing is set for 11/22/2013,
at 10:00 AM in Courtroom 7C, Kansas City (FJG) before Chief
District Judge Fernando J. Gaitan Jr. * *OPTIONAL SENTENCING
MEMORANDUM DUE FIFTEEN (15) DAYS BEFORE HEARING
(11/7/13). MANDATORY RESPONSE DUE FIVE (5) DAYS
THEREAFTER. Counsel who plan to argue variance under
Gall v. U.S. should submit a memo outlining factors which
support the variance; mandatory response required. Falure to
timely file may result in case being removed from docket.
Memos are limited to twelve (12) pages and one (1) memo per
party unless a motion for leave to exceed is granted in
advance. Signed on 10/28/13 by Chief District Judge Fernando
J. Gaitan, Jr.This is a TEXT ONLY ENTRY. No document is
attached.(Shawver, Marylynn) (Entered: 10/28/2013)

11/08/2013

41

MOTION for extension of time to file objections to Presentence

Investigation Report by USA as to Kylr C Yust. Suggestions in
opposition/response due by 11/25/2013 unless otherwise directed
by the court. (Connelly, Catherine) (Entered: 11/08/2013)

11/08/2013

42

OBJECTION TO PRESENTENCE INVESTIGATION REPORT by

USA as to Kylr C Yust (Connelly, Catherine) (Entered: 11/08/2013)

11/12/2013

43

ORDER granting 41 MOTION for extension of time to file

objections to Presentence Investigation Report as to Kylr C Yust
(1). Signed on 11/12/13 by Chief District Judge Fernando J.
Gaitan, Jr.This is a TEXT ONLY ENTRY. No document is
attached.(Shawver, Marylynn) (Entered: 11/12/2013)

11/12/2013

44

NOTICE of filing o
bjections to the goverments motion fo rthe
extension of time to file objections to the psr by Kylr C Yust re 41
MOTION for extension of time to file objections to Presentence
Investigation Report (Holliday, Harold) (Entered: 11/12/2013)

11/15/2013

45

PRETRIAL MEMORANDUM in support of defendant's position

regarding sentencing and withdrawal of objections reagarding to
the psr by Kylr C Yust (Holliday, Harold) (Entered: 11/15/2013)

11/19/2013

47

SENTENCING MEMORANDUM by USA as to Kylr C Yust

(Connelly, Catherine) (Entered: 11/19/2013)

11/22/2013

48

Minute Entry for proceedings held before Chief District Judge

Fernando J. Gaitan, Jr: SENTENCING held on 11/22/2013 for Kylr
C Yust (1). To order a transcript of this hearing please contact
Gayle Wambolt, 816-512-5641. (Wheeler, LaTandra) (Entered:
11/25/2013)

11/25/2013

49

JUDGMENT and COMMITMENT as to Kylr C Yust (1), Count(s) 1,

The defendant pleaded guilty to1 of the Indictment.
IMPRISONMENT: The defendant is hereby committed to the
custody of the United States Bureau of Prisons to be imprisoned
for a total term of 45 Months. The defendant is remanded to the
custody of the United States Marshal. SUPERVISED RELEASE:
Upon release from imprisonment, the defendant shall be on
supervised release for a term of 3 years. STANDARD
CONDITIONS OF SUPERVISION. ADDITIONAL CONDITIONS
OF SUPERVISED RELEASE. Special Assessment: $100; Fine
Waived; No Restitution. Signed on November 25, 2013 by Chief
District Judge Fernando J. Gaitan, Jr.(Wheeler, LaTandra)
(Entered: 11/25/2013)

02/05/2014

50

JUDGMENT RETURNED executed as to Kylr C Yust on

1/21/2014. This document contains original signatures of non
attorneys and is being maintained in a paper file at the
court.(Houston, Kiambu) (Entered: 02/05/2014)

11/14/2014

51

Motion to reduce sentence pursuant to 2014 Drug Guidelines

Amendment 782 by Kylr C Yust. (Attachments: # 1
Envelope)(Travis, Kendra) (Entered: 11/14/2014)

11/14/2014

52

ADMINISTRATIVE ORDER transferring case and appointing

Federal Public Defender as to Kylr C Yust. Case reassigned to
Judge Brian C. Wimes for the limited purpose of processing claims
of sentence reduction under the amended 2014 Drug Guidelines.
Upon completion of that assigned task, the case shall
automatically revert to the sentencing judge. Signed on 11/14/14
by Chief District Judge Greg Kays.(Lock, Tania) (Entered:
11/14/2014)

10/02/2015

53

ORDER denying 5
1 motion to reduce sentence pursuant to 2014
Drug Guidelines Amendment 782 as to Kylr C Yust (1) Signed on
10/01/2015 by District Judge Brian C. Wimes. (Wells, Claudia)
(Entered: 10/02/2015)

10/02/2015

54

ELIGIBILITY REPORT (Sealed) as to Kylr C Yust. (Wells, Claudia)

(Entered: 10/02/2015)

09/02/2016

56

ORDER MODIFYING Conditions of Supervised Release as to Kylr

C Yust. Signed on 9/2/2016 by District Judge Fernando J. Gaitan,
Jr.(Shawver, Marylynn) (Entered: 09/02/2016)