Federal Judges

Magistrate Judge Julie Hampton Releases Convicted Felon n’ Human Trafficker on $500 Deposit

The indictment alleges that Kendall Radley attempted to smuggle two Hondurans illegally into USA, found in trunk of car by border agents.

United States v. Radley

(2:24-mj-00076)

District Court, S.D. Texas

Magistrate Judge Julie K Hampton

FEB 6, 2024 | REPUBLISHED BY LIT: MAR 5, 2025
MAR 5, 2025

Above is the date LIT Last updated this article.

Kendall Radley has been on bond for a year with no movement on the criminal case.

Minute Entry for proceedings held before Magistrate Judge Julie K Hampton:

PRELIMINARY EXAMINATION & DETENTION HEARING as to Kendall Joseph Radley held on 2/28/2024 Defendant waives preliminary hearing in open court. Defense counsel requests the Court set bond.

Government does not oppose bond.

Court sets bond: $30,000 Bond / $500 cash deposit.

The defendant must not violate federal state, or local law while on bond.

Pretrial Supervision in Houston Division Maintain or actively seek employment.

Resume or commence an educational program.

If receiving disability benefits, provide proof to the U.S. Probation Office.

Obtain no passport.

Travel restricted to Houston Division with permission to travel to Corpus Christi for court related matters.

Outside travel to be pre-approved by the U.S. Probation Office.

Avoid all contact with co-defendant, victims or potential victims.

Submit to a mental health evaluation and/or participate in a mental health treatment program as directed by the U.S. Probation Office.

Refrain from possessing a firearm, destructive device, or other dangerous weapons.

Refrain from excessive use of alcohol.

Refrain from use or unlawful possession of a narcotic drug or other controlled substance unless prescribed by a licensed medical practitioner.

You shall not use or consume products containing or marketed as containing Cannabidiol (CBD) Submit to any alcohol/drug testing as directed by the U.S. Probation Office. Participate in a program of inpatient or outpatient substance abuse therapy and counseling as directed by the U.S. Probation Office.

Report Contact with Law Enforcement.

Defendant agrees to attend all scheduled material witness depositions.

Defendant agrees and stipulates that failure to attend scheduled deposition constitutes a knowing forfeiture of the defendant’s right to be present during the deposition and amounts to a knowing waiver and forfeiture of the defendant’s right to challenge, on any ground, the admissibility of any and all of the deposition testimony at trial and/or sentencing hearing.

Appearances:

John Marck, AUSA;

Kristen Langford f/Defendant;

USPO: Alyssa Barrera;

USM: Deputy Quintanilla.

(Digital # 10:30-10:33) (ERO: Martin Solis) (Interpreter: not used)

Deft remanded to custody.

(SashaOzuna, 2)

Modified on 2/28/2024

(SashaOzuna, 2).

Financial Affidavit – CJA23 (Sealed)

In The

Court of Appeals
For The

First District of Texas

NO. 01-12-00899-CR NO. 01-12-00900-CR

KENDALL J. RADLEY, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 178th District Court Harris County, Texas

Trial Court Cause Nos. 1233857 & 1233858

SEP 5, 2013 | REPUBLISHED BY LIT: MAR 5, 2025
MAR 5, 2025

Above is the date LIT Last updated this article.

MEMORANDUM OPINION

Appellant, Kendall J. Radley, pleaded guilty, without an agreed recommendation, to two felony offenses of aggregate theft, one of property valued at more than $100,000 but less than $200,000, and one of property valued at more than $200,000.

The trial court found appellant guilty of both offenses and assessed punishment at 12 years’ confinement for each offense, to run concurrently.

The trial court certified that appellant has the right to appeal. Appellant timely filed notices of appeal.

Appellant’s appointed counsel on appeal has filed a motion to withdraw, along with an Anders brief stating that the record presents no reversible error and therefore the appeal is without merit and is frivolous.

See Anders v. California, 386 U.S. 738, 87 S. Ct. 1396 (1967).

Counsel’s brief meets the Anders requirements by presenting a professional evaluation of the record and supplying us with references to the record and legal authority.

See Anders, 386 U.S. at 744, 87 S. Ct. at 1400; see also High v. State, 573 S.W.2d 807, 812–13 (Tex. Crim. App. 1978).

Counsel indicates that he has thoroughly reviewed the record and that he is unable to advance any grounds of error that warrant reversal.

See Anders, 386 U.S. at 744, 87 S. Ct. at 1400; Mitchell v. State, 193 S.W.3d 153, 155 (Tex. App.—Houston [1st Dist.] 2006, no pet.).

Counsel has informed us that he has delivered a copy of the brief to appellant and informed him of his right to examine the appellate record and to file a response.

See In re Schulman, 252 S.W.3d 403, 408 (Tex. Crim. App. 2008).

Appellant has not filed a pro se response.

We have independently reviewed the entire record in this appeal, and we conclude that no reversible error exists in the record, that there are no arguable grounds for review, and that therefore the appeal is frivolous.

See Anders, 386 U.S. at 744, 87 S. Ct. at 1400 (emphasizing that reviewing court—and not counsel— determines, after full examination of proceedings, whether appeal is wholly frivolous);

Garner v. State, 300 S.W.3d 763, 767 (Tex. Crim. App. 2009)

(reviewing court must determine whether arguable grounds for review exist);

Bledsoe v. State, 178 S.W.3d 824, 826–27 (Tex. Crim. App. 2005) (same);

Mitchell, 193 S.W.3d at 155

(reviewing court determines whether arguable grounds exist by reviewing entire record).

An appellant may challenge a holding that there are no arguable grounds for appeal by filing a petition for discretionary review in the Court of Criminal Appeals.

See Bledsoe, 178 S.W.3d at 827 & n.6.

We affirm the judgment of the trial court in each appeal and grant counsel’s motions to withdraw.1

Attorney Bob Wicoff must immediately send the notice required by Texas Rule of Appellate Procedure 6.5(c) and file a copy of that notice with the Clerk of this Court.

See TEX. R. APP. P. 6.5(c).

PER CURIAM

1                  Appointed counsel still has a duty to inform appellant of the result of this appeal and that he may, on his own, pursue discretionary review in the Texas Court of Criminal Appeals.

See Ex Parte Wilson, 956 S.W.2d 25, 27 (Tex. Crim. App. 1997).

Panel consists of Justices Jennings, Brown, and Huddle.

Do not publish. TEX. R. APP. P. 47.2(b).

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Magistrate Judge Julie Hampton Releases Convicted Felon n’ Human Trafficker on $500 Deposit
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