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12-3049 - USA v. Plachy


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12-3049 - USA v. Plachy
July 26, 2012
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MEMORANDUM AND ORDER granting 21 defendant's unopposed motion to extend deadline as to Nicholas H. Plachy (1). Pretrial motions and briefs shall be filed on or before August 27, 2012. Trial of this case is continued pending resolution of any pretrial motions filed. The time between today's date and August 27, 2012, shall be deemed excludable time in any computation of time under the requirements of the Speedy Trial Act. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
September 10, 2012
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FINDINGS, RECOMMENDATION, AND ORDER to the Honorable John M. Gerrard, that the MOTION to Suppress Statements23 be denied in all respects as to defendant Nicholas H. Plachy. Counsel are given ten days from the date the transcript is available to counsel for reading in the clerk's office in which to file objections to this recommendation. Trial of this matter is set to commence at 9:00 a.m., October 16, 2012 before the Honorable John M. Gerrard in Courtroom 1, United States Courthouse and Federal Building, 100 Centennial Mall North, Lincoln, Nebraska. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
October 4, 2012
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MEMORANDUM AND ORDER - IT IS ORDERED: Defendant's motion to continue, (filing no. 37), is granted, in part. The trial of this case is set to commence before the Honorable John M. Gerrard, in Courtroom 1, United States Courthouse, Lincoln, Nebraska at 9:00 a.m. on November 27, 2012, or as soon thereafter as the case may be called, for a duration of four (4) trial days. Jury selection will be held at commencement of trial. Accordingly, the additional time arising as a result of the granting of the motion, the time between today's date and November 27, 2012, shall be deemed excludable time in any computation of time under the requirements of the Speedy Trial Act as to Nicholas H. Plachy. Ordered by Magistrate Judge Cheryl R. Zwart. ( TCL )
October 11, 2012
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RECUSAL ORDER - IT IS ORDERED: The undersigned Judge recuses himself from the above-captioned case. Chief Judge Laurie Smith Camp is asked to reassign this case as to defendant Nicholas H. Plachy. Ordered by Judge John M. Gerrard. (TCL )
November 5, 2012
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MEMORANDUM AND ORDER - THEREFORE, IT IS ORDERED: The magistrate judge's findings and recommendation, Filing No. 34 and Filing No. 36, are adopted. The defendant's motion to suppress, Filing No. 23, is denied. The objections of the defendant, Filing No. 39, are overruled as to Nicholas H. Plachy. Ordered by Judge Joseph F. Bataillon. ( TCL )
December 5, 2012
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ORDER of Detention pending hearing as to defendant Nicholas H. Plachy. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
January 15, 2013
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PRELIMINARY ORDER OF FORFEITURE - IT IS THEREFORE ORDERED, ADJUDGED AND DECREED as follows: The United States' Motion for Issuance of Preliminary Order of Forfeiture 64 is hereby sustained. Based upon the Forfeiture Allegation of the Indictment and the Defendant's plea of guilty, the United States is hereby authorized to seize the following properties: 1. One HP laptop computer, Pavilion D7, serial number 4CA0312DJY; 2. One black generic desktop computer with Cooler Master Case; 3. One Dell Dimension 8400 desktop computer, service tag number 9970R51; 4. One white Gateway TBR3500 desktop computer, serial number 0015048216; 5. One black Seagate Free Agent Pro external hard drive, serial number 5QD0ZBJH; 6. One black Seagate Free Agent Xtreme external hard drive, serial number 2GER6H3Y; 7. Thirty-eight DVD's, in sleeves; 8. One black hard case with 11 DVD's; 9. One blue and silver Nikon CoolPix 2500 camera with memory card and blue and green case; 10. Five handwritten pages of notes of file information; 11. Printed picture from website; 12. Eleven media discs; 13. One ziplock bag, labeled "unknown content," containing 20 media discs;14. One black i-phone, model number A1332; 15. One black thumb drive with Nebraska Press Association label;16. One black SanDisk 2 gb thumb drive;17. One Sony memory stick Pro Duo 4gb card; and 18. One blue Sony memory Stick Duo 128 mb card. The Defendant's interest in said properties is hereby forfeited to the United States for disposition in accordance with the law, subject to the provisions of 18 U.S.C. § 2253. The aforementioned properties is to be held by the United States in its secure custody and control. Upon adjudication of all third-party interests, this Court will enter a Final Order of Forfeiture pursuant to 18 U.S.C. § 2253, in which all interests will be addressed as to Nicholas H. Plachy. Ordered by Judge Joseph F. Bataillon. (1 Certified copy to USM)( TCL )
January 31, 2013
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MEMORANDUM AND ORDER granting 67 Defendant's Motion to Withdraw as Attorney and granting 68 Defendant's Motion to Appoint Counsel as to Nicholas H. Plachy (1). Sean J. Brennan is hereby withdrawn as counsel, and he shall promptly notify the defendant of the entry of this order. Ordered by Magistrate Judge Cheryl R. Zwart. (Copy to FPD)(JAB)
March 28, 2013
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FINAL ORDER OF FORFEITURE - IT IS THEREFORE ORDERED, ADJUDGED AND DECREED as follows: The Plaintiff's Motion for Final Order of Forfeiture 86 is hereby sustained. All right, title and interest in and to the following properties, held by any person or entity, are hereby forever barred and foreclosed: 1. One HP laptop computer, Pavilion D7, serial number 4CA0312DJY; 2. One black generic desktop computer with Cooler Master Case; 3. One Dell Dimension 8400 desktop computer, service tag number 9970R51; 4. One white Gateway TBR3500 desktop computer, serial number 0015048216; 5. One black Seagate Free Agent Pro external hard drive, serial number 5QD0ZBJH; 6. One black Seagate Free Agent Xtreme external hard drive, serial number 2GER6H3Y; 7. Thirty-eight DVD's, in sleeves; 8. One black hard case with 11 DVD's; 9. One blue and silver Nikon CoolPix 2500 camera with memory card and blue and green case; 10. Five handwritten pages of notes of file information; 11. Printed picture from website; 12. Eleven media discs; 13. One ziplock bag, labeled "unknown content," containing 20 media discs; 14. One black i-phone, model number A1332; 15. One black thumb drive with Nebraska Press Association label; 16. One black SanDisk 2 gb thumb drive; 17. One Sony memory stick Pro Duo 4gb card; and 18. One blue Sony memory Stick Duo 128 mb card. The aforementioned properties described above, be, and the same hereby are, forfeited to the United States of America. The United States is directed to dispose of said properties in accordance with law as to Nicholas H. Plachy. Ordered by Judge Joseph F. Bataillon. (1 Certified copy to USM)( TCL )
May 8, 2013
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MEMORANDUM OPINION as to defendant Nicholas H. Plachy. A Judgment and Commitment in conformity with this sentencing memorandum will issue this date. Ordered by Judge Joseph F. Bataillon. (TCL)