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03-3056 - USA v. Sandoval et al


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03-3056 - USA v. Sandoval et al
July 31, 2006
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MEMORANDUM AND ORDER that defendant's 2255 motion (filing 117) is denied; Defendant's motion for appointment of counsel and to proceed in forma pauperis (filing 120) is denied without prejudice, as moot; and Judgment shall be entered by separate document as to Angel Abarca Sandoval (1). Signed by Judge Richard G. Kopf on 7/31/2006. (CS, )
July 31, 2006
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JUDGMENT - Pursuant to the court's memorandum and order 122 filed this date,IT IS ORDERED that judgment is entered for the United States and against thedefendant, providing that the defendant shall take nothing, and that the motion to vacate, set aside or correct the defendant's sentence under 28 U.S.C. 2255 (filing 117) is denied on the merits as to defendant Angel Abarca Sandoval. Signed by Judge Richard G. Kopf on 7/31/2006. (CS, )
April 26, 2007
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MEMORANDUM AND ORDER - A certificate of appealability shall not issue in this case. In response to the clerk's inquiry filing 127 the defendant mayproceed in forma pauperis on appeal. The clerk of the court shall transmit a copy of this memorandum and order to the United States Court of Appeals for the Eighth Circuit as to defendant(s) Angel Abarca Sandoval. Ordered by Judge Richard G. Kopf. Order mailed to defendant. (GJG, )
June 26, 2007
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ORDER - Pursuant to the mandate of the United States Court of Appeals for the Eighth Circuit 134, IT IS ORDERED that this matter is referred to Magistrate Judge Piester to conduct an evidentiary hearing on Defendant's claim that he is entitled to the benefit of the prison mailbox rule as to defendant(s) Angel Abarca Sandoval. Ordered by Judge Richard G. Kopf. Copy of this order to Magistrate Judge Piester. (GJG, )
June 28, 2007
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ORDER regarding Order Setting Hearing or Trial 136 as to defendant(s) Angel Abarca Sandoval. The Federal Public Defender for the District of Nebraska is appointed to represent the above named defendant on his ยง 2255 motion, filing 117 regarding the issue of whether the defendant is entitled to the benefit of the prison mailbox rule regarding the filing of a certificate of appealability. The Federal Public Defender shall forthwith provide the court with a draft appointment order (CJA Form 20) bearing the name and other identifying information of the CJA Panel attorney identified to represent the defendant in accordance with the Criminal Justice Act Plan for this district. Ordered by Magistrate Judge David L. Piester. Copy to Karen Burks.(GJG, )
July 26, 2007
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ORDER On the court's own motion. The evidentiary hearing that was set for July 31 is continued to August 6, 2007 at 1:30 p.m. before the undersigned magistrate judge in Courtroom 2, United States Courthouse and Federal Building, 100 Centennial Mall North, Lincoln, Nebraska. The United States Marshal shall produce the defendant for the hearingas to defendant(s) Angel Abarca Sandoval. Evidentiary Hearing set for 8/6/2007 01:30 PM in Courtroom 2 (Lincoln) before Magistrate Judge David L. Piester. Ordered by Magistrate Judge David L. Piester. Copy sent via U.S. Mail to defendant at the address listed on the docket sheet. Certified Copy to USM. (GJG, )
August 6, 2007
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MEMORANDUM AND ORDER The Application for Certificate of Appealability, filing140 Exhibit A, is deemed timely filed. The clerk shall refer the Application for Certificate of Appealability to the Hon. Richard G. Kopf, United States DistrictJudge, for consideration as to defendant(s) Angel Abarca Sandoval. Ordered by Magistrate Judge David L. Piester.(GJG, )
August 14, 2007
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MEMORANDUM AND ORDER as to defendant Angel Abarca Sandoval. This matter is before the court on remand from the United States Court of Appeals for the Eighth Circuit(07-2020). Pursuant to the Court of Appeals' mandate, Magistrate Judge Piester has conducted an evidentiary hearing on the defendant's claim that he is entitled to the benefit of the prison mailbox rule, and has determined that the defendant effectively filed an application for a certificate of appealability in this court on September 20, 2006. IT IS ORDERED that: 1. That a certificate of appealability shall not issue in this case; and 2. The clerk of the court shall transmit a copy of this memorandum and order, together with a copy of Judge Piester's memorandum and order entered on August 6, 2007 (filing 144), to the United States Court of Appeals for the Eighth Circuit. Ordered by Judge Richard G. Kopf. (Copies batch printed to 8th Circuit as directed. Copy mailed to defendant.)(JAB)
September 7, 2007
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MEMORANDUM AND ORDER - In response to the clerk's memo filing 150, because Defendant's notice of appeal filing 149 appears timely, no excusable neglect ruling will be made; and The clerk of the court shall process Defendant's appeal and transmit a copy of this memorandum and order to the United States Court of Appeals for the Eighth Circuit as to defendant Angel Abarca Sandoval. Ordered by Judge Richard G. Kopf.(GJG, )
September 7, 2007
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ORDER permitting defendant to proceed on appeal in forma pauperis regarding Notice of Appeal to USCA149 as to defendant Angel Abarca Sandoval. Ordered by Judge Richard G. Kopf.(GJG, )
November 19, 2008
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ORDER as to defendant Angel Abarca Sandoval. Pursuant to NECrimR 55.1(g), counsel for defendant shall either 1) withdraw the following exhibits previously submitted in this matter within 15 calendar days of the date of this order, or 2) show cause why the exhibits should not be destroyed. Ordered by Judge Richard G. Kopf. (JAB)