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07-008 - USA v. Zellars


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07-008 - USA v. Zellars
April 26, 2007
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RECOMMENDED DISPOSITION OF MOTION TO SUPPRESS as to Randall Thomas Zellars re 25 MOTION to Suppress: Court recommends that District Court deny the Motion to Suppress filed by Dft. Court directs parties to 28:636(b)(1) for appeal rights concerning recommendation. By agreement of counsel, w/in 5 days after being served w/ copy of this recommended decision, any party may serve and file written objections to any or all portions for consideration, de novo, by District Ct, w/ any written responses thereto being filed w/in 5 days. **Objections to R&R due by 5/3/2007**. Signed by Judge Robert E. Wier. (JMB)cc: COR, USM, USP
May 1, 2007
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MEMORANDUM OPINION AND ORDER as to Randall Thomas Zellars re 24 MOTION to Dismiss Indictment filed by Randall Thomas Zellars,, 17 MOTION to Revoke Order of Detention filed by Randall Thomas Zellars: Zellars' Motion to Dismiss the Indictment 24 and Motion to Revoke the Order of Detention 17 are DENIED. Motions terminated as to Randall Thomas Zellars: . Signed by Judge Danny C. Reeves. (JMB)cc: COR, USM, USP THIS ORDER IS AMENDED BY ORDER 61 ENTERED ON 5/31/07 Modified on 5/31/2007 (Brock, Jacqueline).
May 24, 2007
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ORDER denying 25 deft's Motion to Suppress as to Randall Thomas Zellars (1); adopting and incorporating the 52Magistrate Judge's Report and Recommendations as to Randall Thomas Zellars (1), and deft's objections 55 to Mag.'s R&R are overruled.. Signed by Judge Danny C. Reeves. (SWA)cc: COR,USM,USP
May 31, 2007
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MEMORANDUM OPINION AND ORDER as to Randall Thomas Zellars re 59 FIRST MOTION for Reconsideration re 53 Memorandum Opinion, Order by USA filed by USA: 1) Govt's Mt for Reconsideration 59 is GRANTED. Inasmuch as it requests this Court to determine whether Zellars' prior conviction constitutes a predicate offense for the Sec. 922(g)(1) charge as a matter of law; however, the motion is DENIED inasmuch as it requests the Court to find that Zellars' prior conviction is a felony offense of violence under Ohio law; and 2) The Court's Order dated May 1, 2007 is AMENDED in accordance w/ this Memo Opinion and Order. In particular, the Court finds that Zellars has not had his rights restored under Ohio law. Therefore, his prior conviction pursuant to O.R.C. Sec. 2907.10 does constitute a predicate offense for the 922(g)(1) charge as a matter of law. Motions terminated as to Randall Thomas Zellars: . Signed by Judge Danny C. Reeves. (JMB)cc: COR, USM, USP
April 25, 2008
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MEMORANDUM OPINION AND ORDER as to Randall Thomas Zellars re 83 MOTION for Release from Custody filed by Randall Thomas Zellars: Dft Randall Thomas Zellars' mt for release pending appeal 83 is DENIED. Motions terminated as to Randall Thomas Zellars: 83 MOTION for Release from Custody filed by Randall Thomas Zellars.. Signed by Judge Danny C. Reeves on 4/25/2008. (JMB)cc: COR,USM,USP