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09-293 - USA v. Tanke


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09-293 - USA v. Tanke
October 15, 2009
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STIPULATION and ORDER signed by Senior Judge Edward J. Garcia on 10/13/09: Status Conference RESET for 11/20/2009 at 10:00 AM in Courtroom 8 (EJG) before Senior Judge Edward J. Garcia. Excludable started as to Thomas Tanke: T-4 Start: 10/15/09 Stop: 11/20/09. (Kaminski, H)
November 23, 2009
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STIPULATION and ORDER signed by Senior Judge Edward J. Garcia on 11/19/09 the Status Conference reset for 12/16/09 at 10:00 AM in Courtroom 8 (EJG) before Senior Judge Edward J. Garcia. Excludable started as to Thomas Tanke: T4 Start: 11/23/09 Stop: 12/16/09. (Becknal, R)
December 16, 2009
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STIPULATION and ORDER signed by Senior Judge Edward J. Garcia on 12/15/09 ORDERING the Status Conference reset for 2/26/10 at 10:00 AM in Courtroom 8 (EJG) before Senior Judge Edward J. Garcia. Excludable started as to Thomas Tanke: T4 Start: 12/16/09 Stop: 2/26/10. (Becknal, R)
February 23, 2010
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STIPULATION and ORDER signed by Senior Judge Edward J. Garcia on 2/22/2010 GRANTING 18 Stipulation and Proposed Order - CR; Status Conference set for 4/23/2010 at 10:00 AM in Courtroom 8 (EJG) before Senior Judge Edward J. Garcia.), Excludable started as to Thomas Tanke: T4 Start: 2/22/2010 Stop: 4/23/2010. (Matson, R)
April 20, 2010
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STIPULATION and ORDER signed by Senior Judge Edward J. Garcia on 4/19/10 ORDERING Status Conference CONTINUED to 6/25/2010 at 10:00 AM in Courtroom 8 (EJG) before Senior Judge Edward J. Garcia; time is EXCLUDED pursuant to Local Code N and T4 from the filing of this stipulation until 6/25/10. (Carlos, K)
June 24, 2010
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STIPULATION and ORDER signed by Senior Judge Edward J. Garcia on 6/23/10: Status Conference continued to 8/27/2010 at 10:00 AM in Courtroom 8 (EJG) before Senior Judge Edward J. Garcia. Excludable started as to Thomas Tanke: XT-4 Start: 6/24/10 Stop: 8/27/10. (Kaminski, H)
August 26, 2010
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ORDER as to Thomas Tanke granting 25 Stipulation To Continue signed by Senior Judge Edward J. Garcia on 8/26/2010. Status Conference reset for 10/29/2010 at 10:00 AM in Courtroom 8 (EJG) before Senior Judge Edward J. Garcia. T4 Excludable started as to Thomas Tanke: Start: 8/27/2010 Stop: 10/29/2010. (Narcisse, M)
January 25, 2012
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ORDER as to Thomas Tanke signed by Senior Judge Edward J. Garcia on 1/25/2012 ORDERING that Judgment and Sentencing is CONTINUED to 4/20/2012 at 10:00 AM in Courtroom 8 (EJG) before Senior Judge Edward J. Garcia. (Zignago, K.)
April 2, 2012
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ORDER signed by Senior Judge Edward J. Garcia on 4/2/12 ORDERING the Sentencing hearing CONTINUED to 5/18/2012 at 10:00 AM in Courtroom 8 (EJG) before Senior Judge Edward J. Garcia. (Kastilahn, A)
July 16, 2012
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JUDGMENT and COMMITMENT as to Thomas Tanke signed by Senior Judge Edward J. Garcia on July 13, 2012. (Lydon, C)
May 8, 2014
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STIPULATION and ORDER 106 for Re-Sentencing on Remand after Appeal signed by Senior Judge William B. Shubb on 5/8/2014. For the reasons set forth in attached Stipulation of parties, the Court hereby RE-SENTENCES defendant Thomas Tanke on remand from Appeal to same sentence previously imposed except that Court orders (1) restitution ordered payable to Michael Burkhardt, Chapter 7 Trustee for Azteca Construction be reduced from $136,518.02 to $89,951.43; and (2) Judgment be amended to reflect interest on restitution is WAIVED. All other aspects of sentence imposed by U.S. District Judge Edward J. Garcia on 7/6/2012 shall remain the same. Clerk directed to issue an Amended Judgment reflecting these two changes. (Marciel, M)
May 12, 2014
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AMENDED JUDGMENT and COMMITMENT as to Thomas Tanke signed by Senior Judge William B. Shubb on 5/12/2014. (Kirksey Smith, K)
July 31, 2014
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ORDER signed by Magistrate Judge Kendall J. Newman on 7/31/14 ORDERING that Movants motion for proceed in forma pauperis 110 is GRANTED; The Clerk of the Court is directed to re-serve a copy of the May 8, 2014 stipulation and order 107 on movant; The motion for appointment of counsel 111 is DENIED without prejudice; and within 30 days from the date of this order, movant shall file his traverse or reply to respondents opposition. (Dillon, M)
July 31, 2014
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ORDER as to Thomas Tanke signed by Magistrate Judge Kendall J. Newman on 7/31/14 ORDERING that Movants request for leave to file its request for seal and Excerpts of Records Volume II under seal is granted; and once these documents are emailed to [email protected], the Clerk of the Court is directed to file such documents under seal. (Dillon, M)
September 1, 2016
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ORDER signed by Senior Judge William B. Shubb on 08/31/16 ORDERING that the government's opposition to the 127 Motion for Stay is due 09/30/16; any reply is due 10/21/16 and then the court will then take the motion under submission and will inform the parties if oral argument or further proceedings are necessary. (Benson, A)
September 1, 2016
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ORDER signed by Magistrate Judge Kendall J. Newman on 9/1/16 as to Thomas Tanke ORDERING that the Government's 115 Request is GRANTED. (Dillon, M)
October 26, 2016
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 10/26/2016 RECOMMENDING movant Thomas Tanke's 109 Motion to Vacate, Set Aside or Correct Sentence under 28 U.S.C. 2255 be denied; and the Clerk be directed to close the companion civil case no. 2:14-cv-1243 WBS KJN. Referred to William B. Shubb; Objections due within 14 days. (Yin, K)
December 8, 2016
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[VACATED see Order 139] ORDER ADOPTING FINDINGS and RECOMMENDATIONS signed by Senior Judge William B. Shubb on 12/7/16 as to Thomas Tanke ADOPTING in FULL 132 Findings and Recommendations; DENYING 109 Motion to Vacate - 2255. The court declines to issue the certificate of appealability referenced in 28 U.S.C. § 2253. The Clerk of the Court is directed to close the companion civil case, No. 2:14-cv 1243 WBS KJN. (Washington, S) Modified on 1/30/2017 (Washington, S).
December 9, 2016
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ORDER signed by Senior Judge William B. Shubb on 12/9/2016 DENYING as moot 127 Defendant's Motion for a stay in adjustment to Restitution payment schedule. (Kirksey Smith, K)
January 30, 2017
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ORDER signed by Senior Judge William B. Shubb on 1/30/2017 GRANTING 138 Motion for Reconsideration and VACATING 133 Order Adopting Findings and Recommendations. Plaintiff is given thirty (30) days from the date of this Order to file objections to the 132 Findings and Recommendations of the Magistrate Judge. (Washington, S)
February 22, 2017
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ORDER signed by Senior Judge William B. Shubb on 2/21/17 as to Thomas Tanke: The Clerk is ordered to send a copy of Findings and Recommendations (Docket No. 132) by certified mail to defendant. Defendant shall have sixty (60) days from the date of this Order to file any objections to the Findings and Recommendations. Defendant's request that the court reconsider its prior ruling re the appointment of counsel with respect to defendant's motion to vacate under 28 U.S.C. § 2255 (Docket No. 117) is DENIED. (Kaminski, H)
May 5, 2017
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ORDER signed by Senior Judge William B. Shubb on 05/04/17 ORDERING the Clerk to RE-SERVE by certified mail the 132 F&Rs to Thomas Tanke at 323 Settlers Home Dr., Cedar Park, TX 78613. Defendant has 60 days to file Objections to the F&Rs. As previously ordered by the court in its 141 02/22/17 Order, defendant's request that the court reconsider its prior ruling regarding the appointment of counsel with respect to defendant's motion to vacate is DENIED. (Benson, A)
July 12, 2017
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ORDER ADOPTING 132 FINDINGS and RECOMMENDATIONS signed by Senior Judge William B. Shubb on 07/11/17 as to Thomas Tanke ORDERING that Defendant's 109 Motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. § 2255 is DENIED. The court DECLINES to issue a COA; Clerk to close the related civil case in this matter (No. 2:14-CV-1243 WBS KJN). (Benson, A)
October 12, 2017
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ORDER SUBSTITUTING SUCCESSOR TRUSTEE signed by Senior Judge William B. Shubb on 10/12/2017 as to Thomas Tanke ORDERING restitution ordered payable to Susan Smith, Chapter 7 Trustee for Azteca Construction, in lieu of Michael Burkhart, in the amounts specified according to 108 Judgment and Commitment, and the list of victims maintained by the Financial Unit. This order does not alter or change the total restitution amount. (cc Finance) (Washington, S)