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Justice Thomas M. Rose has some ‘splain’n to do

Judge Thomas M Rose docket entires delaying Roshawn Winburn's prison date [1]If Judge Thomas M. Rose wants to continue to be considered a distinguished jurist, he needs to explain to the public why Roshawn Winburn hasn’t already spent 6 measly months in the slammer.

If I stole groceries from Kroger to feed my family in Dayton, I’d have been in prison faster, for longer, than Roshawn Winburn.

Winburn was a well paid City of Dayton official who was indicted as part of the “Culture of Corruption” circus launched by the DOJ, FBI and the Ohio Attorney General on April 30, 2019. Winburn had accepted bags of cash from a disreputable FBI confidential informant in order to help award contracts to a company that Winburn was in the midst of partnering with so he could get a nice piece of that public tax dollar pie that tastes so sweet. Proof that Winburn is privileged- I can’t even find his mugshot online.

He didn’t go to trial. He plead guilty. In Monopoly, it’s called, “Go to jail, go directly to jail, do not pass go, do not collect $200.” But, for this shitbird criminal, who could afford to hire the best lawyers in town, he’s been free as a lark, spending time with his family, and getting delay after delay on his report date to Club Fed at Ashland KY.

Winburn was supposed to report to prison on Monday, January 10, 2022- the same day that the Higgins trial is supposed to start. Winburn isn’t on the witness list for this, so that’s not the excuse for delaying again.

Here’s a quote that Justice Rose should know- “Justice delayed is justice denied.” When Rose decided to send another one of the shitbirds, former Dayton City Commissioner Joey D Williams- it was years after he’d committed the crime of accepting a bribe in office. And, the FBI had allowed him to keep working as a Bank President making north of a quarter million a year in addition to his commission salary of $50K a year. The FBI and the DOJ allowed, and abetted this criminal in running for re-election to the  Dayton City Commission- with a deal that would require him to abdicate office if re-elected, and then delayed even longer before publicly humiliating this “pillar of the community” – this pious putz, who thought it was OK to send public dollars to the same CI- in exchange for a new patio enclosure on his house. Williams went to prison promptly, after his long negotiated deal- and was supposed to go for a year. Yet, Williams got out after serving only 3 months- and then goes on to open a restaurant with a liquor license- despite his being a convicted felon. What’s wrong with this picture?

Does Rose actually have any power to enforce the law against the criminally corrupt local Democratic Party Machine- or is he another cog in it? Don’t give me that he was appointed by George Bush as an excuse for his bad behavior, the local judges all serve lifetime appointments thanks to a cozy deal between the local political parties.

When Rose had Brian Higgins in his court- and wanted to send him for a psychiatric evaluation, he didn’t give him a cushy report date- Higgins was handcuffed and escorted out of the court straight to the Montgomery County Jail, then the Hamilton County Jail, and then to OKC, and finally to Chicago- where what was supposed to be a 45 day max evaluation, took 68 days. Higgins did 68 days in prison- without being found guilty. Winburn, has spent a year and a half jerking off at home.

The public deserve a better explanation of what Rose means when he says he’s delaying the report date “For good cause” – because it sure looks like someone is getting preferential treatment.

U.S. District Court
Southern District of Ohio (Dayton)
CRIMINAL DOCKET FOR CASE #: 3:18-cr-00119-TMR-1

Case title: USA v. Winburn Date Filed: 09/10/2018Date Terminated: 07/29/2020

Assigned to: Judge Thomas M. Rose
Defendant (1)
Roshawn Winburn
TERMINATED: 07/29/2020
represented by David Carr Greer
Bieser, Greer & Landis – 3
Suite 400
6 N Main Street
Dayton, OH 45402
937-223-3277
Fax: 937-223-6339
Email: [email protected]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: RetainedDavid Paul Williamson
Bieser, Greer & Landis, LLP
6 North Main Street
Suite 400
Dayton, OH 45402-1908
937-223-3277
Fax: 937-223-6339
Email: [email protected]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: RetainedThomas W. Anderson
Federal Public Defender
1 South Main Street
Fifth Third Center, Suite 490
Dayton, OH 45402
937-225-7687
Email: [email protected]
TERMINATED: 06/03/2019
Designation: Public Defender or Community Defender Appointment
Pending Counts Disposition
18 U.S.C. §§ 1343 & 1346 – Honest services wire fraud
(1-3)
DISMISSED
18 U.S.C. § 666 – Corruptly soliciting a bribe
(4)
USBOP six (6) months; Two (2) years Supervised Release with Special Conditions; $100 Special Assessment; $8500 Restitution
18 U.S.C. § 666 – Corruptly soliciting a bribe
(5)
DISMISSED
18 U.S.C. § 100l(a)(2) – Making a false statement
(6)
DISMISSED
Highest Offense Level (Opening)
Felony
Terminated Counts Disposition
None
Highest Offense Level (Terminated)
None
Complaints Disposition
None

Plaintiff
USA represented by Brent Tabacchi
United States Attorney’s Office
200 W Second Street
Room 602
Dayton, OH 45402
937-225-2910
Email: [email protected]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

 

Date Filed # Docket Text
01/06/2022 44 [2] ENTRY GRANTING UNOPPOSED MOTION FOR EXTENSION OF VOLUNTARY SURRENDER DATE as to Roshawn Winburn (1). (USMS) Signed by Judge Thomas M. Rose on 1/6/2022. (ep) (Entered: 01/06/2022)
01/03/2022 43 [3] Joint MOTION to Continue Delay Execution of Sentence by Roshawn Winburn. (Williamson, David) (Entered: 01/03/2022)
08/31/2021 42 [4] ENTRY GRANTING MOTION 41 [5] TO DELAY EXECUTION OF SENTENCE AND RESETTING VOLUNTARY SURRENDER DATE as to Roshawn Winburn (1). (USMS) Signed by Judge Thomas M. Rose on 8/30/21. (ep) (Entered: 08/31/2021)
08/30/2021 41 [5] MOTION Delay Report Date from September 6, 2021 to January 10, 2022 by USA as to Roshawn Winburn. (Tabacchi, Brent) (Entered: 08/30/2021)
03/16/2021 39 [6] ENTRY GRANTING MOTION 38 [7] TO DELAY EXECUTION OF SENTENCE AND RESETTING VOLUNTARY SURRENDER DATE as to Roshawn Winburn (1). Signed by Judge Thomas M. Rose on 3/16/21. (ep) (Entered: 03/16/2021)
03/14/2021 38 [7] Third MOTION to Delay Report Date by USA as to Roshawn Winburn. (Tabacchi, Brent) (Entered: 03/14/2021)
12/17/2020 36 [8] ENTRY GRANTING MOTION TO DELAY EXECUTION OF SENTENCE 35 [9] AND RESETTING VOLUNTARY as to Roshawn Winburn (1). USMS. Signed by Judge Thomas M. Rose on 12/17/20. (ep) (Entered: 12/17/2020)
12/16/2020 35 [9] Second MOTION to Delay Report Date by USA as to Roshawn Winburn. (Tabacchi, Brent) (Entered: 12/16/2020)
11/09/2020 34 [10] Notice of Satisfaction of Judgment (Paid in Full) by Roshawn Winburn (Hamilton, Bethany) (Entered: 11/09/2020)
09/14/2020 33 [11] ENTRY AND ORDER GRANTING MOTION TO DELAY EXECUTION OF SENTENCE 32 [12] AND RESETTING VOLUNTARY SURRENDER DATE as to Roshawn Winburn (1). Signed by Judge Thomas M. Rose on 9/14/20. (ep) (Entered: 09/14/2020)
09/11/2020 32 [12] First MOTION Request To Delay Report Date by USA as to Roshawn Winburn. (Tabacchi, Brent) (Entered: 09/11/2020)
07/29/2020 30 [13] JUDGMENT as to Roshawn Winburn (1), Count(s) 1-3, 5, 6, DISMISSED; Count(s) 4, USBOP six (6) months; Two (2) years Supervised Release with Special Conditions; $100 Special Assessment; $8500 Restitution Signed by Judge Thomas M. Rose on 7/29/20. (ep) (Entered: 07/29/2020)
07/29/2020 29 [14] Minute Entry for proceedings held before Judge Thomas M. Rose: Sentencing held on 7/29/2020 for Roshawn Winburn (1). Defendant appeared with Counsel. Waiver of Appearance filed prior to hearing and acknowledge in open court. As to Count 4, the Court ORDERS the Defendant be remanded to the United States Bureau of Prisons for a term of six (6) months; two (2) years Supervised Release with Special Conditions; $100 Special Assessment; and $8500 Restitution. The Court recommends that the Defendant be accorded all allowable presentence credit for time spent incarcerated on said offense and be incarcerated at a facility as close to the Dayton, Ohio area consistent with his security status. Voluntary Surrender. Defendant’s right of appeal explained an understood.Count(s) 1-3, 5, 6, DISMISSED. (Court Reporter: Mary Schweinhagen) (ep) (Entered: 07/29/2020)
07/24/2020 28 [15] WAIVER of Right to Appear in Person by Roshawn Winburn. (Williamson, David) (Entered: 07/24/2020)
07/24/2020 27 [16] SENTENCING MEMORANDUM by Roshawn Winburn (Williamson, David) (Entered: 07/24/2020)
07/24/2020 26 [17] SENTENCING MEMORANDUM by USA as to Roshawn Winburn (Tabacchi, Brent) (Entered: 07/24/2020)
04/27/2020 NOTICE OF HEARING as to Roshawn Winburn: Pursuant to General Order 20-08, Sentencing HAS BEEN RESET for 7/29/2020 at 10:30 AM in Courtroom 2 – Dayton before Judge Thomas M. Rose. (ep) (Entered: 04/27/2020)
02/11/2020 25 [18] SENTENCING HEARING NOTICE AND ORDER as to Roshawn Winburn: Sentencing set for 5/21/2020 AT 10:30 AM in Courtroom 2 – Dayton before Judge Thomas M. Rose. Any Sentencing Memorandum must be filed no later than seven (7) business days following the final disclosure of the presentence investigation report. If the other party opposes the SentencingMemorandum, the opposing party shall file a Response to Sentencing Memorandum no later than five (5) business days following the receipt of the Sentencing Memorandum. If the Court desiresany further memoranda or a continuation of the sentencing hearing, the parties will be so notified. Signed by Judge Thomas M. Rose on 2/11/20. (ep) (Entered: 02/11/2020)
02/11/2020 24 [19] Presentence Report Disclosure Notification received as to Roshawn Winburn. Report to be completed by Amy Shamp. Presentence Investigation Report due by 4/28/20. (ep) (Entered: 02/11/2020)
02/11/2020 23 [20] Minute Entry for proceedings held before Judge Thomas M. Rose: Change of Plea Hearing as to Roshawn Winburn held on 2/11/2020. Plea entered by Roshawn Winburn (1) Guilty as to Count 4. Sentencing set for Thursday, May 21, 2020 at 10:30 am in Courtroom 2 before Judge Thomas M. Rose. Defendant continued on bond as previously ordered by the Court. (Court Reporter: Mary Schweinhagen) (ep) (Entered: 02/11/2020)
02/11/2020 Minute Entry for proceedings held before Judge Thomas M. Rose:In Chambers Conference as to Roshawn Winburn held on 2/11/2020 (ep) (Entered: 02/11/2020)
02/11/2020 22 [21] PLEA AGREEMENT as to Roshawn Winburn, STATEMENT OF FACTS as to Roshawn Winburn (Tabacchi, Brent) (Entered: 02/11/2020)
02/11/2020 NOTICE OF HEARING as to Roshawn Winburn: Change of Plea Hearing set for 2/11/2020 at 1:30 PM in Courtroom 2 – Dayton before Judge Thomas M. Rose. (ep) (Entered: 02/11/2020)
10/11/2019 21 [22] ORDER granting 20 [23] Motion to Continue as to Roshawn Winburn: Final Pretrial Conference set for 2/11/2020 at 1:30 PM in Courtroom 2 – Dayton before Judge Thomas M. Rose. Jury Trial set for 2/24/2020 at 9:00 AM in Courtroom 2 – Dayton before Judge Thomas M. Rose. The delay occasioned by this continuance shall be deemed an excusable delay pursuant to the provisions to 18 U.S.C.§3161(h)(7)(A) in computing time from indictment to trial under the Speedy Trial Act. Signed by Judge Thomas M. Rose on 10/11/19. (ep) (Entered: 10/11/2019)
10/11/2019 Minute Entry for proceedings held before Judge Thomas M. Rose: Pretrial Conference as to Roshawn Winburn held on 10/11/2019 and Motion Hearing as to Roshawn Winburn held on 10/11/2019 re 20 [23] MOTION to Continue filed by Roshawn Winburn. Defendant appeared with Counsel. No objection by the Government. The Court finds that within the factual and legal confines of this case, the ends of justice outweigh the interests of the public and defendant’s in a speedy trial, pursuant to 18 U.S.C. § 3161(h)(7)(A)and GRANTS said motion. Jury Trial set for Monday, February 24, 20120 at 9:00 am in Courtroom 2 before Judge Thomas M. Rose. Final Pretrial Conference set for Tuesday, February 11, 2020 at 1:30 pm. Order to issue. Defendant continued on bond as previously ordered by the Court. (Court Reporter: Mary Schweinhagen) (ep) (Entered: 10/11/2019)
10/11/2019 20 [23] MOTION to Continue by Roshawn Winburn. (Williamson, David) (Entered: 10/11/2019)
09/30/2019 NOTICE OF HEARING as to Roshawn Winburn: Final Pretrial Conference / Motion Hearing HAS BEEN RESET for 10/11/2019 at 9:30 AM in Courtroom 2 – Dayton before Judge Thomas M. Rose. (ep) (Entered: 09/30/2019)
06/04/2019 NOTICE OF HEARING as to Roshawn Winburn: Final Pretrial Conference set for 10/1/2019 at 10:30 AM in Courtroom 2 – Dayton before Judge Thomas M. Rose. Jury Trial set for 10/15/2019 at 9:00 AM in Courtroom 2 – Dayton before Judge Thomas M. Rose. (ep) (Entered: 06/04/2019)
06/04/2019 19 [24] ORDER GRANTING 18 [25] MOTION TO CONTINUE as to Roshawn Winburn: The delay occasioned by this continuance shall be deemed an excusable delaypursuant to the provisions to 18 U.S.C. §3161(h)(7)(A) in computing time from indictment to trialunder the Speedy Trial Act. Signed by Judge Thomas M. Rose on 6/4/19. (ep) (Entered: 06/04/2019)
06/04/2019 Minute Entry for proceedings held before Judge Thomas M. Rose: Motion Hearing as to Roshawn Winburn held on 6/4/2019 re 18 [25] MOTION Continuance filed by Roshawn Winburn. Defendant appeared with Counsel. no objection by the Government. Jury Trial reset to Tuesday, October 15, 2019 at 9:00 am in Courtroom 2 before Judge Thomas M. Rose. Final Pretrial Conference set for Tuesday, October 1, 2019 at 10:30 am. Order to issue. Defendant continued on bond as previously ordered by the Court. (Court Reporter: Mary Schweinhagen) (ep) (Entered: 06/04/2019)
06/03/2019 18 [25] MOTION Continuance by Roshawn Winburn. (Williamson, David) (Entered: 06/03/2019)
05/16/2019 17 [26] SCHEDULING ORDER as to Roshawn Winburn: Discovery due by 5/20/2019. Motions due by 5/31/2019. Final Pretrial Conference set for 6/4/2019 at 9:30 AM in Courtroom 2 – Dayton before Judge Thomas M. Rose. Jury Trial set for 6/24/2019 at 9:00 AM in Courtroom 2 – Dayton before Judge Thomas M. Rose. Unless a motion to continue has been filed or some other action or motion under 18 U.S.C. § 3161(h) (1) thru (8) has occurred, that would exclude the computing of time within which trial must commence, the parties are required to fully comply with the requirements and deadlines contained in this order. Signed by Judge Thomas M. Rose on 5/16/19. (ep) (Entered: 05/16/2019)
05/16/2019 Minute Entry for proceedings held before Judge Thomas M. Rose: Pretrial Conference as to Roshawn Winburn held on 5/16/2019. Scheduling Order to issue. (ep) (Entered: 05/16/2019)
05/09/2019 16 [27] NOTICE OF ATTORNEY APPEARANCE: David Paul Williamson appearing for Roshawn Winburn (Williamson, David) (Entered: 05/09/2019)
05/09/2019 15 [28] NOTICE OF ATTORNEY APPEARANCE: David Carr Greer appearing for Roshawn Winburn (Greer, David) (Entered: 05/09/2019)
05/09/2019 NOTICE OF HEARING as to Roshawn Winburn: Pretrial Conference HAS BEEN RESET FOR 5/16/2019 at 1:30 PM (TIME CHANGE ONLY) in Chambers before Judge Thomas M. Rose. (ep) (Entered: 05/09/2019)
04/30/2019 14 [29] ORDER Setting Conditions of Release as to Roshawn Winburn: Defendant released on Own Recognizance bond. Signed by Magistrate Judge Michael J. Newman on 4/30/2019. (dm) (Entered: 04/30/2019)
04/30/2019 Minute Entry for proceedings held before Magistrate Judge Michael J. Newman: Defendant Roshawn Winburn appeared pursuant to arrest for an Arraignment on Indictment held on 4/30/2019. FA completed and approved and FPD, Thomas Anderson, appointed. Rights and penalties explained and understood. Defendant entered a plea of Not Guilty as to counts 1,2,3,4,5, and 6. Pretrial Conference set for 5/16/2019 at 2:30 PM in Chambers before Judge Thomas M. Rose. Bond conditions read on the record and signed by the Court and the Defendant. Defendant to be released on Own Recognizance bond immediately after Court. (Recorded By: CourtSmart, record number: MJN-4/30/2019) (dm) (Entered: 04/30/2019)
04/30/2019 13 [30] ORDER APPOINTING FEDERAL PUBLIC DEFENDER Thomas W. Anderson for Roshawn Winburn. Signed by Magistrate Judge Michael J. Newman on 4/30/2019. (dm) (Entered: 04/30/2019)
04/30/2019 12 [31] CJA 23 Financial Affidavit by Roshawn Winburn. (dm) (Entered: 04/30/2019)
04/30/2019 9 [32] Arrest Warrant Returned Executed on 4/30/2019 in case as to Roshawn Winburn. (srb) (Entered: 04/30/2019)
04/30/2019 NOTATION ORDER granting 8 [33] Motion to Unseal Case as to Roshawn Winburn (1). Signed by Judge Thomas M. Rose on 4/30/19. (ep) (Entered: 04/30/2019)
04/29/2019 8 [33] MOTION to Unseal Case by USA as to Roshawn Winburn. (Tabacchi, Brent) (Entered: 04/29/2019)
09/10/2018 5 [34] INDICTMENT as to Roshawn Winburn (1) count(s) 1-3, 4-5, 6. (pb) (Entered: 09/10/2018)
09/10/2018 2 [35] ORDER granting 1 [36] Motion to Seal Case as to Roshawn Winburn (1). Signed by Judge Thomas M. Rose on 9/10/18. (pb) (Entered: 09/10/2018)
09/10/2018 1 [36] MOTION to Seal Case by USA as to Roshawn Winburn. (pb) (Entered: 09/10/2018)

 

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[…] On the federal side of things, Roshawn Winburn, formerly City of Dayton business and technical assistance administrator, who was in cahoots with Commissioner Joey D. Williams and Brian Higgins in a plan to start winning bids for demolition contracts set up by a dishonorably discharged Army Veteran (Mike Marshall) who was a Confidential Informant for the FBI who had set up a sham company, United Demolition that had already under performed on city contracts. The new company, to be headed by Higgins, was to be called Airborne, and was going to use his disabled veteran status to move to the front of the line, never happened. Winburn was caught on tape taking a bag of cash and should have been in prison already, but, despite only facing a measly 6 month sentence, Judge Rose decided to give him yet another hall pass for a report date (probably because this whole “Culture of Corruption” investigation still isn’t done- and another shoe is about to drop). Here’s the link to his last hall pass. […]