Date: 08-03-2018

Case Style:

Case Number: 1:17-cr-00270-CCE

Judge:

Court: United States District Court for the Middle District of North Carolina (Guilford County)

Plaintiff's Attorney: Erica H. Pencak and JoAnna G. McFadden

Defendant's Attorney: Gregory Davis and Mireille Clough - FPD

Description: Greensboro, NC - North Carolina Man Sentenced to Prison for Role in Multi-State Dog Fighting Prosecution

A North Carolina man was sentenced on July 31, 2018 to one year and one day in prison to be followed by three years of supervised release for his role in dog fighting activities, announced Acting Assistant Attorney General Jeffrey H. Wood of the Justice Department’s Environment and Natural Resources Division, U.S. Attorney Matthew G.T. Martin for the Middle District of North Carolina and Special Agent in Charge Bethanne M. Dinkins for the U.S. Department of Agriculture’s Office of Inspector General.

On Jan. 12, Brexton Redell Lloyd, 54, of Eagle Springs, North Carolina, pleaded guilty to one felony count of conspiracy and two felony counts of possession and training a dog intended for use in an animal fighting venture, contrary to the animal fighting provisions of the federal Animal Welfare Act.

According to documents filed with the court, Lloyd participated with Justin “Jay” Love and others in a multi-state dog fighting conspiracy. These documents describe Lloyd and Love’s attempt to set up a dog fight between Lloyd and an unknown opponent in October 2015 and Lloyd’s breeding and training activities. Court documents further note that last year, federal agents seized 13 pitbull-type dogs from Lloyd’s residence. Ten of the dogs were secured outdoors by excessive chains, wearing thick collars, and positioned so that each dog was out of reach of any other dog. The other dogs were housed individually in pens. The water in the dogs’ bowls was frozen. Two of the four adult dogs seized exhibited scars consistent with dog fighting, and a third adult dog had four fractured teeth. In addition to the dogs, agents seized items related to training dogs for dog fighting purposes, including: a spring pole, a dog harness, and a hanging scale. Agents also seized veterinary supplies, including intravenous fluids, intravenous administration sets stated for “Veterinary Use Only,” injectable and other antibiotics, a 100-count package of syringes, blood-clotting medications such as Blood Stop Powder, and a skin stapler.

“Animal cruelty like the conduct in this case has no place in a civilized society,” said Acting Assistant Attorney General Wood. “Yesterday’s sentencing sends a strong message that we are bringing to justice those who engage in illegal dog fighting and that anyone who engages in this conduct does so at the risk of significant jail time.”

“Dog fighting isn’t entertainment, it’s organized crime, and it has no place in our society,” said United States Attorney Matthew G.T. Martin for the Middle District of North Carolina. Martin added, “I thank our law enforcement partners at the Department of Agriculture, the Federal Bureau of Investigation, the Moore County Sheriff’s Office, and the N.C. State Highway Patrol for their exceptional coordination in bringing this defendant to justice.”

“The provisions of the Animal Welfare Act were designed to protect animals from being used in illegal fighting ventures, which often entail other forms of criminal activity involving drugs, firearms and gambling,” said Special Agent in Charge Dinkins for USDA OIG. “Together with the Department of Justice, animal fighting is an investigative priority for USDA OIG, and we will work with our law enforcement partners to investigate and assist in the criminal prosecution of those who participate in animal fighting ventures.”

This case is part of Operation Grand Champion, a coordinated effort across numerous federal judicial districts to combat organized dog fighting. The phrase “Grand Champion” is used by dog fighters to refer to a dog with more than five dog fighting “victories.” To date, over one hundred dogs have been rescued as part of Operation Grand Champion, and either surrendered or forfeited to the government. The Humane Society of the United States assisted with the care of the dogs seized by federal law enforcement.

This case was investigated by USDA OIG and FBI, with assistance from the Moore County Sheriff’s Office and the North Carolina Highway Patrol.

Charges:

18:371 Conspiracy
(1)
18:371 Conspiracy - Animal fighting
(1s)
7:2156(b) and 18:49(a) Possess dog for fighting venture
(2-14)
7:2156(b) and 18:49(a) Possess dogs for animal fighting
(2s-12s) DISMISSED
7:2156(b) and 18:49(a) Possess dogs for animal fighting
(13s)
7:2156(b) and 18:49(a) Possess dogs for animal fighting
(14s) DISMISSED

Docket entries:

Date Filed # Docket Text
07/31/2017 1 SEALED INDICTMENT as to BREXTON REDELL LLOYD (1) count(s) 1, 2-14. (Daniel, J) (Entered: 07/31/2017)
08/01/2017 3 ARREST Warrant Issued in case as to BREXTON REDELL LLOYD. (Daniel, J) (Entered: 08/01/2017)
08/29/2017 4 SEALED SUPERSEDING INDICTMENT as to BREXTON REDELL LLOYD (1) count(s) 1s, 2s-14s. (Sheets, Jamie) (Entered: 08/29/2017)
09/28/2017 Arrest of BREXTON REDELL LLOYD in the EASTERN DISTRICT OF NORTH CAROLINA. (Daniel, J) (Entered: 09/28/2017)
09/28/2017 Case unsealed by United States Magistrate Judge ROBERT T. NUMBERS, II in the EASTERN DISTRICT OF NORTH CAROLINA as to BREXTON REDELL LLOYD. (Daniel, J) (Entered: 09/28/2017)
09/28/2017 6 SEALED FINANCIAL AFFIDAVIT by BREXTON REDELL LLOYD. (Daniel, J) (Entered: 09/28/2017)
09/28/2017 7 Rule 5 Documents Received from the EASTERN DISTRICT OF NORTH CAROLINA as to BREXTON REDELL LLOYD. (Attachments: # 1 EDNC Order Appointing FPD, # 2 EDNC Rule 5 Waiver, # 3 EDNC Docket Sheet)(Daniel, J) (Entered: 09/28/2017)
09/28/2017 Oral Motion Re: Detention by USA in the EASTERN DISTRICT OF NORTH CAROLINA as to BREXTON REDELL LLOYD. (Daniel, J) (Entered: 09/28/2017)
09/29/2017 8 ARREST Warrant Returned Executed on 9/28/2017 in case as to BREXTON REDELL LLOYD. (Daniel, J) (Entered: 09/29/2017)
09/29/2017 Case as to BREXTON REDELL LLOYD, to MAG/JUDGE JOI ELIZABETH PEAKE for appointment of counsel. (Garrett, Kim) (Entered: 09/29/2017)
09/29/2017 Email notification on 9/29/2017 to USA, USPT, USM and AFPD Greg Davis re: Arraignment/Detention Hearing set for 10/5/2017 02:30 PM in Winston-Salem Courtroom #3 before MAG/JUDGE JOI ELIZABETH PEAKE. (Garrett, Kim) (Entered: 09/29/2017)
10/02/2017 9 ORDER signed by Magistrate Judge Joi Elizabeth Peake on 10/02/2017 appointing Assistant Federal Public Defender, Gregory Davis, to represent defendant BREXTON REDELL LLOYD in this action. ***Attorney GREGORY DAVIS for BREXTON REDELL LLOYD added. (Coyne, Michelle) (Entered: 10/02/2017)
10/04/2017 10 SEALED Pretrial Service Report. UPON COMPLETION OF THE DETENTION HEARING, ANY PAPER COPIES OF THE PRETRIAL SERVICES REPORT SHALL BE RETURNED TO THE PROBATION OFFICE by Plaintiff USA, Defendant BREXTON REDELL LLOYD. (Thompson-Graves, Jennifer) (Entered: 10/04/2017)
10/05/2017 11 Minute Entry for proceedings held before MAG/JUDGE JOI ELIZABETH PEAKE: ARRAIGNMENT AND DETENTION HEARING as to BREXTON REDELL LLOYD (1) Count 1s,2s-14s held on 10/5/2017. (see Exhibit/Witness List). Defendant(s) pleads NOT GUILTY to all charges. For the reasons stated from the bench, the Government's oral motion for detention is DENIED; The Government agrees to conditions of release and the defendant is ordered Released on 10/6/2017; Order setting Conditions of Release forthcoming. (AUSA JoAnna McFadden and Erica Pencak, Trial Attorney, Environmental Crimes Section; Counsel for defendant AFPD Gregory Davis; Proceedings Recorded) (Kemp, Donita) (Entered: 10/05/2017)
10/05/2017 12 ***Deadlines Extended***SCHEDULING ORDER as to BREXTON REDELL LLOYD Signed by John S. Brubaker, Clerk, U. S. District Court, on 9/11/2017. Motions due 10/18/2017. Responses due 10/25/2017. Hearing on any motions at 9:30 a.m. on 11/6/2017 in Greensboro. Plea Agreements, if any, due no later than 12:00 noon 11/2/2017. Change of Plea Hearing at 9:30 a.m. on 11/6/2017 in Greensboro. Counsel to notify U. S. Attorney's Office of any scheduling conflicts no later than 10/30/2017. Jury Trial set for 9:30 a.m., 11/13/2017, in Greensboro unless otherwise instructed by the Court. (Kemp, Donita) (Entered: 10/05/2017)
10/05/2017 Oral ORDER by MAG/JUDGE JOI ELIZABETH PEAKE on 10/5/2017 denying the Government's Oral Motion for Detention as to BREXTON REDELL LLOYD.(Kemp, Donita) (Entered: 10/05/2017)
10/05/2017 13 ORDER Setting Conditions of Release for BREXTON REDELL LLOYD. Signed by MAG/JUDGE JOI ELIZABETH PEAKE on 10/5/2017. (cc: PTS/USPO,USMO) (Kemp, Donita) (Entered: 10/05/2017)
10/05/2017 14 Appearance Bond Entered as to BREXTON REDELL LLOYD (1) 10,000.00 unsecured bond. (cc: PTS) (Kemp, Donita) (Entered: 10/05/2017)
10/17/2017 15 MOTION to Continue Trial and Extend Motion Deadline by BREXTON REDELL LLOYD. Response to Motion due by 11/7/2017 (Attachments: # 1 Text of Proposed Order)(DAVIS, GREGORY) (Entered: 10/17/2017)
10/19/2017 Motion Submission as to BREXTON REDELL LLOYD re: 15 MOTION to Continue Trial and Extend Motion Deadline, to CHIEF JUDGE WILLIAM L. OSTEEN, JR. (Welch, Kelly) (Entered: 10/19/2017)
10/20/2017 16 ORDER as to BREXTON REDELL LLOYD (1) signed by CHIEF JUDGE WILLIAM L. OSTEEN, JR on 10/20/2017, that Defendant's Motion to Continue (Doc. 15 ) is GRANTED and that the trial of this matter is continued to January 8, 2018. FURTHER that the period of time from November 13, 2017, up to and including January 8, 2018, is hereby excluded from the provisions of Title 18, United States Code, Section 3161. FURTHER that the time for filing pretrial motions is continued to the deadlines set for the January 2018 Criminal Term. signed by CHIEF JUDGE WILLIAM L. OSTEEN, JR on 10/20/2017. (Butler, Carol) (Entered: 10/20/2017)
01/08/2018 17 PLEA AGREEMENT as to BREXTON REDELL LLOYD. (Butler, Carol) (Entered: 01/08/2018)
01/09/2018 18 Factual Basis Document as to BREXTON REDELL LLOYD filed on 1/9/2018 (MCFADDEN, JOANNA) (Entered: 01/09/2018)
01/11/2018 Minute Entry for proceedings held before JUDGE CATHERINE C. EAGLES: AUSA Joanna McFadden present for Government and AFPD Greg Davis present as counsel for defendant. CHANGE OF PLEA HEARING held on 1/11/2018. Defendant present on bond. Defendant placed under oath and advised of rights/charges/penalties; Court reviews the plea agreement; Court finds the defendant competent to enter a guilty plea; Factual Basis Hearing held and Court adjudges BREXTON LLOYD (1) GUILTY on Counts 1s, 11s and 13s. Remaining Counts 2s-12s and 14s to be dismissed at sentencing. Court orders the preparation of a Presentence Report. Sentencing set for 3/29/2018 at 2:00 PM in Greensboro Courtroom #3 before JUDGE CATHERINE C. EAGLES. Oral motion by defense counsel to modify 13 Order Setting Conditions of Release to remove location monitoring device see 13 7(q) and 7(p(2) to authorize welfare checks as needed on Geneva Lloyd without pre-approval of probation officer Court GRANTS oral motion. (Court Reporter Lori Russell.) (Sanders, Marlene) (Entered: 01/11/2018) (Entered: 01/11/2018)
01/11/2018 Case as to BREXTON REDELL LLOYD reassigned to JUDGE CATHERINE C. EAGLES. UNASSIGNED no longer assigned to the case. (Sanders, Marlene) (Entered: 01/11/2018)
01/11/2018 19 STANDARD ORDER for criminal cases proceeding before JUDGE CATHERINE C. EAGLES. (Sanders, Marlene) (Entered: 01/11/2018)
02/16/2018 20 SEALED Draft Presentence Investigation Report as to BREXTON REDELL LLOYD. Per LCrR32.2, the parties shall notify the probation officer of initial objections or corrections/modifications to the presentence report by 3/2/2018. Pleadings related to sentencing factors are due by 3/9/2018. (White, Nicole) (Entered: 02/16/2018)
03/01/2018 21 MOTION to Continue Sentencing by USA as to BREXTON REDELL LLOYD. Response to Motion due by 3/22/2018 (MCFADDEN, JOANNA) (Entered: 03/01/2018)
03/01/2018 Motion Submission as to BREXTON REDELL LLOYD re 21 MOTION to Continue Sentencing to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene) (Entered: 03/01/2018)
03/02/2018 22 ORDER signed by Judge Catherine C. Eagles on 03/02/2018 GRANTING 21 Motion to Continue Sentencing as to BREXTON REDELL LLOYD (1). Defendant's sentencing is continued to a date to be set by the Court. Objections to the pre-sentence report are due March 7, 2018, with pleadings due March 19, 2018. (Coyne, Michelle) (Entered: 03/02/2018)
03/07/2018 23 SEALED Response to Draft PSR - NOTICE TO PROBATION AND OPPOSING COUNSEL ONLY as to BREXTON REDELL LLOYD. (MCFADDEN, JOANNA) (Entered: 03/07/2018)
03/19/2018 24 MOTION to Continue Filing Deadline by USA as to BREXTON REDELL LLOYD. (MCFADDEN, JOANNA) (Entered: 03/19/2018)
03/19/2018 Motion Submission as to BREXTON REDELL LLOYD re 24 MOTION to Continue Filing Deadline to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene) (Entered: 03/19/2018)
03/19/2018 25 ORDER as to BREXTON REDELL LLOYD (1), signed by JUDGE CATHERINE C. EAGLES on 3/19/2018, that the Government's motion for an extension of time is GRANTED, and the filing deadline for position papers is extended to March 26, 2018. (Butler, Carol) (Entered: 03/19/2018)
03/26/2018 26 (SEALED) POSITION PAPER RE SENTENCING FACTORS - NOTICE TO THE COURT AND OPPOSING COUNSEL ONLY as to BREXTON REDELL LLOYD (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit)(MCFADDEN, JOANNA) (Entered: 03/26/2018)
03/26/2018 27 NOTICE of Manual Filing Exhibit 5 SEALED in paper form with the Clerk's Office by Defendant BREXTON REDELL LLOYD (MCFADDEN, JOANNA) (Entered: 03/26/2018)
03/28/2018 28 NOTICE of Rescheduling: Sentencing RESET for 7/19/18 at 2:00 PM in Greensboro Courtroom #3 before JUDGE CATHERINE C. EAGLES. (Sanders, Marlene) (Entered: 03/28/2018)
04/02/2018 29 NOTICE OF ATTORNEY SUBSTITUTION MIREILLE P. CLOUGH is substituted as counsel for dft BREXTON REDELL LLOYD. Attorney GREGORY DAVIS terminated. (CLOUGH, MIREILLE) (Entered: 04/02/2018)
04/09/2018 30 SEALED PRESENTENCE INVESTIGATION REPORT - REVISED as to BREXTON REDELL LLOYD. (Steele, Anita) (Entered: 04/09/2018)
07/09/2018 31 SEALED PRESENTENCE INVESTIGATION REPORT - FINAL as to BREXTON REDELL LLOYD. (White, Nicole) (Entered: 07/09/2018)
07/10/2018 32 (SEALED) POSITION PAPER RE SENTENCING FACTORS - NOTICE TO THE COURT AND OPPOSING COUNSEL ONLY as to BREXTON REDELL LLOYD (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(CLOUGH, MIREILLE) (Entered: 07/10/2018)
07/11/2018 33 (SEALED) AMENDED POSITION PAPER RE SENTENCING FACTORS - NOTICE TO THE COURT AND OPPOSING COUNSEL ONLY as to BREXTON REDELL LLOYD (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(CLOUGH, MIREILLE) (Entered: 07/11/2018)
07/16/2018 34 SEALED USPO Sentencing Memorandum as to BREXTON REDELL LLOYD as to Brexton Redell Lloyd. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit)(MCFADDEN, JOANNA) (Entered: 07/16/2018)
07/18/2018 35 Additional Attachments to Main Document re 33 SEALED Position Paper Re Sentencing Factors - NOTICE TO THE COURT AND OPPOSING COUNSEL ONLY (Attachments: # 1 Exhibit A)(CLOUGH, MIREILLE) (Entered: 07/18/2018)
07/19/2018 36 Minute Entry for proceedings held before JUDGE CATHERINE C. EAGLES: Case called for Sentencing for BREXTON LLOYD. Defendant present on bond. AUSA Joanna McFadden and DOJ attorney ERICA PENCAK present for Government and AFPD Mireille Clough present as counsel for defendant. Contested proceeding. (see witness and exhibit list) Sentencing continued until 8/2/18 at 2:00 p.m., in Greensboro, Courtroom 3. (Court Reporter Lori Russell.) (Sanders, Marlene) (Sanders, Marlene). (Entered: 07/20/2018)
07/20/2018 Set Hearings as to BREXTON REDELL LLOYD: Sentencing continued to 8/2/2018 at 2:00 PM in Greensboro Courtroom #3 before JUDGE CATHERINE C. EAGLES. (Sanders, Marlene) (Entered: 07/20/2018)

Outcome: 08/01/2018 37 TRANSCRIPT of Proceedings as to BREXTON REDELL LLOYD, re: Sentencing Hearing, for the date of 07/19/2018 before Judge Catherine C. Eagles, Court Reporter Lori Russell, Telephone number 336-734-2547. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.

NOTICE RE: REDACTION OF TRANSCRIPTS: The parties have 5 business days to file a Notice of Intent to Request Redaction and 21 calendar days to file a Redaction Request. If no notice is filed, this transcript will be made electronically available to the public without redaction after 90 calendar days. Transcript may be viewed at the court public terminal or purchased through the court reporter before the 90 day deadline. After that date it may be obtained through PACER.
Redaction Request due 8/27/2018. Redacted Transcript Deadline set for 9/7/2018. Release of Transcript Restriction set for 11/2/2018. (Russell, Lori) (Entered: 08/01/2018)
08/02/2018 Minute Entry for proceedings held before JUDGE CATHERINE C. EAGLES: AUSA Joanna McFadden present for Government and AFPD Mireille Clough present as counsel for defendant. Defendant present on bond. Sentencing as to BREXTON REDELL LLOYD held on 8/2/2018 for BREXTON REDELL LLOYD (1), on Counts 1s, 11s and 13s. Counts 2s-12s and 14s DISMISSED. Defendant to self report to the designated facility or the United States Marshal for the Middle District of North Carolina on 10/3/18 at 10:00 a.m. (Court Reporter Lori Russell.) (Sanders, Marlene) (Entered: 08/02/2018)

Plaintiff's Experts:

Defendant's Experts:

Comments: