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04-3004 - USA v. Timmerman


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04-3004 - USA v. Timmerman
April 21, 2005
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REPORT, RECOMMENDATION AND ORDER recommending to Judge Kopf that he accept the guilty plea and any written plea agreement; if any party desires to object to this report and recommendation they shall do so no later than 10 calendar days as to defendant(s) Dennis C. Timmerman signed by Magistrate Judge David L. Piester on 4/21/2005. (SED)
May 5, 2005
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ORDER as to Dennis C. Timmerman. It is ordered that: (1) The report and recommendation 60 is accepted. (2) The defendant is found guilty. The plea is accepted. The court decides that the plea of guilty is knowing, intelligent, voluntary, and that there is a factual basis for the plea. (3) If there is a plea agreement, I defer acceptance of the plea agreement until the time of sentencing pursuant to Rule 11(c)(3). Unless otherwise stated at the time of sentencing, the plea agreement will be deemed accepted upon the pronouncement of the judgment and sentence. (4) This case shall proceed to sentencing. Signed by Judge Richard G. Kopf on 5/5/2005. (KLL, )
June 16, 2005
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ORDER as to defendant Dennis C. Timmerman. It is ordered that Defendant Timmerman's sentencing before the undersigned United States district judge is continued to 1:00 p.m. on Monday, July 18, 2005, in Courtroom No. 1, United States Courthouse and Federal Building, 100 Centennial Mall North, Lincoln, Nebraska. Since this is a criminal case, the defendant shall be present unless excused by the court.***Sentencing reset to 7/18/2005 01:00 PM in Courtroom 1 (Lincoln) before Judge Richard G. Kopf. Signed by Judge Richard G. Kopf on 6/16/2005. (KLL, )
June 21, 2005
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ORDER as to Dennis C. Timmerman. It is ordered that Defendant Timmerman's motion to extend deadline 65 is granted. The defendant shall have until on or before June 30, 2005, to file his sentencing statement and motion for departure. The defendant's sentencing remains scheduled on July 18, 2005, at 1:00 p.m. Signed by Judge Richard G. Kopf on 6/21/2005. (KLL, )
July 5, 2005
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TENTATIVE FINDINGS OF FACT regarding Third Revised Presentence Investigation Report and Addendum as to defendant Dennis C. Timmerman. It is ordered that: (1) The defendant's motion for downward departure 69 (asserting that the court should depart from the career offender category) will be taken up at sentencing.(2) The undersigned is tentatively inclined to believe that it should depart downward to ameliorate to a limited degree the impact of the career offender status on the defendant's advisory Guideline sentence. To be specific, the undersigned is inclined to depart downward to the total offense level that would have existed but for the career offender enhancement; that is, depart downward to total offense level 33 from total offense level 34. The undersigned is also inclined to depart downward from criminal history category VI to criminal history category V. If the court so departs, the custodial, advisory Guideline range would become 210 to 262 months in prison rather than 262 to 327 months in prison. The undersigned is tentatively persuaded to depart because of the old age of the burglary convictions and the fact that they were committed close in time to one another. Those factors suggest that these burglary convictions are slightly less predictive of recidivism than the convictions of typical career offenders. However, the undersigned does not believe that a further departure is warranted given the nature and circumstances of this crime. (3) The parties are herewith notified that my tentative findings are that the presentence report is otherwise correct in all respects. ETC.Signed by Judge Richard G. Kopf on 7/5/2005. (KLL, ) Modified on 7/11/2005 to change reference to filing no.(KLL, ).
July 11, 2005
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ORDER as to defendant Dennis C. Timmerman. The defendant's objections to presentence report 68 will be resolved at sentencing. ***Evidentiary hearing and sentencing are reset to 12:30-1:30 p.m. on 7/18/2005 12:30 PM in Courtroom 1 (Lincoln) before Judge Richard G. Kopf. Signed by Judge Richard G. Kopf on 7/11/2005. (KLL, )
July 20, 2005
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JUDGMENT signed by District Judge Richard G. Kopf on 7/20/2005 as to Dennis C. Timmerman (1); On plea of guilty to Count I of the Superseding Indictment, defendant is sentenced to the custody of the Bureau of Prisons for a term of 210 months, followed by 5 years of Supervised Release with special conditions, $1,849.67 restitution, and $100 special assessment; On motion of the government, Count II of the Superseding Indictment is dismissed; Criminal Case Terminated as to defendant Dennis C. Timmerman (4 certified copies forwarded to U.S. Marshal). (BMH)
August 1, 2005
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ORDER permitting the defendant to proceed on appeal in forma pauperis regarding Notice of Appeal to USCA 81 as to defendant Dennis C. Timmerman. Signed by Judge Richard G. Kopf on 8/1/2005. (CS, )
February 14, 2007
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ORDER TO WITHDRAW EXHIBITS OR TO SHOW CAUSE WHY EXHIBITS SHOULD NOT BE DESTROYED as to defendant(s) Dennis C. Timmerman. Pursuant to NECivR 79.1(f) or NECrimR 55.1(g), counsel for defendants, Dennis C. Timmerman, shall either 1) withdraw the following exhibits previously submitted in this matter within 10 business days of the date of this order, or 2) show cause why the exhibits should not be destroyed: Exhibit number(s): 101 and 102; Hearing type(s): Evidentiary hearing; Date of hearing(s): 7/8/2004. If counsel fails to withdraw these exhibits as directed or to show cause why the exhibits should not be destroyed, the clerk's office is directed to destroy the listed exhibits without further notice to the parties or order from the court. Ordered by Judge Richard G. Kopf.(GJG, )
February 14, 2007
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ORDER regarding government's exhibits in this case are to be returned to the United States attorney for appropriate disposition regarding motion to suppress hearing held on 3/9 to 3/10/04 and sentencing hearing held 7/18/05 as to defendant Dennis C. Timmerman. Ordered by Judge Richard G. Kopf.(CCB)
February 9, 2016
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ORDER that the Federal Public Defender David R. Stickman's motion to withdraw asattorney (filing no. 110) is granted. The defendant's motion for a reduction of sentence (filing no. 101) is denied. See filing no. 108. The Clerk of Court shall send a copy of this order and filing no. 108 to the defendant at his last known address. Ordered by Senior Judge Richard G. Kopf. (Copies mailed as directed to pro se party) (LAC)
April 15, 2016
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ORDER that the government shall file an answer and a responsive brief no later than June 15, 2016 as to defendant Dennis C. Timmerman. Ordered by Senior Judge Richard G. Kopf. (LAC)
June 21, 2016
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ORDER that this case is held in abeyance until further order of this court. Counsel shall promptly advise me when the United States Court of Appeals for the Eighth Circuit or the United States Supreme Court decides one way or the other whether the Johnson decision applies to a case (i) where the underlying criminal action was final before Johnson was decided and (ii) that involves a challenge to the "residual clause" of U.S.S.G. § 4B1.2(a)(2) based upon Johnson as to defendant Dennis C. Timmerman. Ordered by Senior Judge Richard G. Kopf. (LAC)
March 22, 2017
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ORDER that the defendant's motion to dismiss (filing no. 121) is granted and the defendant's motion to vacate under 28 U.S.C. § 2255 (filing no. 113) is dismissed without prejudice as to defendant Dennis C. Timmerman. Ordered by Senior Judge Richard G. Kopf. (LAC)