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04-3078 - USA v. Gutierrez et al


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04-3078 - USA v. Gutierrez et al
June 14, 2005
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ORDER granting 80 Motion to Seal as to Laura Gutierrez (1). Signed by Magistrate Judge David L. Piester on 6/14/2005. (GJG, )
June 14, 2005
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ORDER granting 82 Motion as to Continue Trial Laura Gutierrez (1). Signed by Magistrate Judge David L. Piester on 6/14/2005. (GJG, )
June 30, 2005
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ORDER granting defendant's 85 Motion to File Under Seal as to Laura Gutierrez (1). Signed by Magistrate Judge David L. Piester on 6/30/2005. (CS, )
June 30, 2005
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ORDER granting Defendant's 87 Motion for Issuance of Subpoena Duces Tecum in Forma Pauperis as to Laura Gutierrez (1). Signed by Magistrate Judge David L. Piester on 6/30/2005. (Certified Copy to USM) (CS, )
August 15, 2005
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ORDER granting 92 Motion to Seal as to Laura Gutierrez (1). Signed by Magistrate Judge David L. Piester on 8/15/2005. (GJG, )
August 24, 2005
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ORDER granting defendant's 97 Motion to File Under Seal as to Laura Gutierrez (1). Signed by Magistrate Judge David L. Piester on 8/24/2005. (CS, )
August 31, 2005
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ORDER re: "reasonable doubt" standard at sentencing, and the clerk shall file this Memorandum and Order in all pending criminal cases; as to defendant(s) Laura Gutierrez, Heather Marie Techau. Signed by Judge Richard G. Kopf on 8/31/2005. (PSM, )ORDER re: "reasonable doubt" standard at sentencing, and the clerk shall file this Memorandum and Order in all pending criminal cases; as to defendant(s) Laura Gutierrez, Heather Marie Techau. Signed by Judge Richard G. Kopf on 8/31/2005. (PSM, )
September 8, 2005
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ORDER as to defendant Laura Gutierrez. It is ordered that: (1) This case, insofar as it concerns this defendant, is removed from the trial docket based upon the request of the defendant. (2) A hearing on the defendant's anticipated plea of guilty is scheduled before the undersigned United States district judge on the 26th day of October, 2005, at the hour of 1:00 p.m., in Courtroom No. 1, United States Courthouse and Federal Building, 100 Centennial Mall, North, Lincoln, Nebraska. (3) On or before the date set for the plea proceeding, counsel for plaintiff and for defendant shall provide to the assigned probation officer their respective versions of the offense for purposes of preparing the presentence investigation report. (4) For this defendant, the time between today's date and the hearing on the anticipated plea of guilty is excluded for purposes of computing the limits under the Speedy Trial Act. See 18 U.S.C. sec. 3161(h)(1)(I)&(h)(8)(A)(B).***Change of Plea Hearing set for 10/26/2005 01:00 PM in Courtroom 1 (Lincoln) before Judge Richard G. Kopf; XT excludable started 9/8/2005-10/26/2005; termed 9/19/2005 trial date. Signed by Judge Richard G. Kopf on 9/8/2005. (KLL, )
October 26, 2005
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ORDER as to defendant Laura Gutierrez. ***Change of Plea Hearing reset to 11/8/2005 01:00 PM in Courtroom 1 (Lincoln) before Judge Richard G. Kopf. XT excludable started 10/26/2005-11/8/2005. Signed by Judge Richard G. Kopf on 10/26/2005. (KLL, )
January 12, 2006
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ORDER as to Laura Gutierrez. It is ordered that: (1) The defendant's motion to continue deadline for filing downward departure motions 118 is granted; (2) The defendant's downward departure motion and supplemental brief shall be filed no later than 1/20/2006, and the court's tentative findings will be delayed until then. Signed by Judge Richard G. Kopf on 1/12/2006. (KLL, )
January 23, 2006
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ORDER as to Laura Gutierrez. It is ordered that the defendant's motion to continue deadline for filing downward departure motions 121 1/20/2006 to 1/25/2006 is granted. Signed by Judge Richard G. Kopf on 1/23/2006. (KLL, )
January 26, 2006
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ORDER as to defendant Laura Gutierrez. It is ordered that: (1) Defendant Gutierrez's oral motion to continue sentencing is granted. (2) An evidentiary hearing on safety valve issues only will be held on Friday March 3, 2006, from 12:00 noon to 1:30 p.m., before the undersigned United States District Judge, in Courtroom No. 1, Robert V. Denney Federal Building and United States Courthouse, Lincoln, Nebraska. Since this is a criminal case, the defendant shall be present unless excused by the court. (3) Sentencing is continued until further order of the court. ***Evidentiary Hearing set for 3/3/2006 12:00 PM in Courtroom 1 (Lincoln) before Judge Richard G. Kopf. Signed by Judge Richard G. Kopf on 1/26/2006. (KLL, )
January 27, 2006
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TENTATIVE FINDINGS OF FACT regarding Presentence Investigation Report and Addendum as to defendant Laura Gutierrez. It is ordered that: (1) The defendant's motion for a status conference 123 is granted. The court and counsel conducted such a status conference in chambers on 1/26/2006. (2) The defendant's objection to lack of the safety-valve 119 will be resolved at a 1.5 hour evidentiary hearing on 3/3/2006, starting at 12:00 noon. (3) The defendant's motion for downward departure and variance 124 regarding family ties, mental and emotional problems and combination of factors will be resolved at hearing to be scheduled following resolution of the safety-valve issue. (4) The parties are herewith notified that my tentative findings are that the presentence report is otherwise correct in all respects. Signed by Judge Richard G. Kopf on 1/27/2006. (KLL, )
February 7, 2006
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ORDER that defendant Techau's motion to appoint Korey Reiman as her counsel (filing 129) in relation to the defendant being a witness is granted. The Federal Public Defender shall provide Mr. Reiman with a CJA voucher as to Heather Marie Techau (2). Signed by Judge Richard G. Kopf on 2/7/2006. (Copy to FPD) (CS, )
February 27, 2006
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ORDER as to defendant Heather Marie Techau. It is ordered that: (1) Counsel for the government shall notify the court when the motion for reduction in sentence pursuant to Rule 35(b) 132 is ripe for decision. The motion shall not be decided until counsel for the government certifies that the motion is ripe;(2) Counsel for the defendant, if previously appointed pursuant to the Criminal Justice Act, is reappointed to represent the defendant for purposes of the Rule 35(b) motion. If retained, counsel for the defendant remains as counsel for the defendant until the Rule 35(b) motion is resolved or until given leave to withdraw; (3) The Federal Public Defender shall provide CJA counsel with a new voucher; (4) The Clerk of the Court shall provide a copy of this order to counsel for the government and counsel for the defendant. The undersigned's judicial assistant will provide a copy to the Federal Public Defender.Signed by Judge Richard G. Kopf on 2/27/2006. (KLL, )
March 9, 2006
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ORDER as to defendant Heather Marie Techau. It is ordered that: (1) The government's request for hearing pursuant to Federal Rule of Criminal Procedure 35(b) 141 is granted. (2) A hearing on the government's motion for reduction of sentence pursuant to Rule 35(b) 132 has been set before the undersigned United States district judge at 1:15 p.m., Tuesday, March 28, 2006, in Courtroom No. 1, United States Courthouse and Federal Building, 100 Centennial Mall North, Lincoln, Nebraska. (3) The United States Marshal is directed to return the defendant to the district for the hearing.***Rule 35(b) Motion Hearing set for 3/28/2006 01:15 PM in Courtroom 1 (Lincoln) before Judge Richard G. Kopf. Signed by Judge Richard G. Kopf on 3/9/2006. (KLL, )
March 29, 2006
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AMENDED JUDGMENT in a Criminal Case on Motion of the Government After Initial Sentencing as to defendant Heather Marie Techau (2). Count 1, the defendant's term of imprisonment is reduced from the original sentence to a term of twenty-six (26) months, followed by 5 years supervised release with special conditions, and pay a $100 special assessment(PAID); Count 2 of the indictment is dismissed on the motion of the United States as to this defendant only. Signed by Judge Richard G. Kopf on 3/29/2006, sentence imposed on 3/28/2006. (4 CC to USM) (JAR)
May 26, 2006
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MEMORANDUM AND ORDER that the defendant's motion for departure 124 is granted for the reasons stated herein but is otherwise denied as to Laura Gutierrez. Signed by Judge Richard G. Kopf on 5/26/2006. (CCB)
May 30, 2006
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JUDGMENT as to Laura Gutierrez (1) - Defendant pleaded guilty to Count I of the Indictment and is committed to the Bureau of Prisons for a term of Time Served, followed by 5 years supervised release with special conditions, and pay $100 Special Assessment as to defendant Laura Gutierrez. Signed by Judge Richard G. Kopf on 5/30/2006. (4 Certified Copies to USM) (CS, )