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04-3097 - USA v. Oceguera-Jacinto et al


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04-3097 - USA v. Oceguera-Jacinto et al
May 23, 2005
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TENTATIVE FINDINGS OF FACT regarding Presentence Investigation Report as to defendant Esequiel Quinonez-Bojorques. It is ordered that: (1) The undersigned will consult and follow the Guidelines to the extent permitted and required by United States v. Booker, 125 S. Ct. 738 (2005). In this regard, the undersigned gives notice that, unless otherwise ordered, he will (a) give the advisory Guidelines substantial weight; (b) resolve all factual disputes relevant to sentencing by the greater weight of the evidence and without the aid of a jury; (c) impose upon the government the burden of proof on all Guideline-enhancements; (d) impose upon the defendant the burden of proof on all Guideline-mitigators; (e) depart from the advisory Guidelines, if appropriate, using pre-Booker departure theory; and (f) in cases where a departure using pre-Booker departure theory is not warranted, deviate or vary from the Guidelines only when there is a plainly superior, principled reason which justifies a sentence different than that called for by application of the advisory Guidelines. (2) The government's objection to paragraphs 6 and 60 of the presentence investigation report 55 will be resolved at sentencing.(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 5/23/2005. (KLL, )
June 8, 2005
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ORDER granting 57 Motion to Seal as to Esequiel Quinonez-Bojorques (2). Signed by Magistrate Judge David L. Piester on 6/8/2005. (GJG, )
June 10, 2005
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ORDER regarding 60 Motion as to Esequiel Quinonez-Bojorques (2). IT IS THEREFORE ORDERED that pursuant to NECrimR49.3(c) and (d), the Clerk shall file plaintiff's motion under seal. Signed by Magistrate Judge David L. Piester on 6/10/2005. (GJG, )
June 13, 2005
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ORDER as to Esequiel Quinonez-Bojorques. It is ordered that: (1) The defendant's motion to continue sentencing 59 is granted; (2) The defendant's sentencing is continued to Friday, July 15, 2005, at 12:30 p.m., before the undersigned United States District Judge, 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. Signed by Judge Richard G. Kopf on 6/13/2005. (KLL, )
June 15, 2005
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ORDER as to Esequiel Quinonez-Bojorques. It is ordered that Mr. Priamos is directed to file a motion to withdraw as soon as possible and this matter will proceed to sentencing with Mr. Reiman as sole defense counsel. The sealed motion 60 is granted as provided herein. Signed by Judge Richard G. Kopf on 6/15/2005. (KLL, )
July 7, 2005
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ORDER granting 64 Motion to Seal as to Esequiel Quinonez-Bojorques (2). Signed by Magistrate Judge David L. Piester on 7/7/2005. (GJG, )
July 7, 2005
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ORDER granting 66 Motion to withdraw as co-counsel as to Esequiel Quinonez-Bojorques (2). Signed by Magistrate Judge David L. Piester on 7/7/2005. (GJG, )
July 18, 2005
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JUDGMENT signed by District Judge Richard G. Kopf on 7/18/2005 as to Esequiel Quinonez-Bojorques (2); On a plea of guilty to Count I of the Indictment, defendant is sentenced to the custody of the Bureau of Prisons for a term of 151 months, followed by 5 years of supervised release with special conditions, and $100 special assessment (paid); Criminal Case Terminated as to defendant Esequiel Quinonez-Bojorques (4 certified copies forwarded to U.S. Marshal). (BMH)
July 17, 2006
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ORDER as to defendant Esequiel Quinonez-Bojorques. 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) 81 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 7/17/2006. (KLL, )
January 6, 2010
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ORDER as to defendant Esequiel Quinonez-Bojorques. It is ordered that: (1)The government's request for hearing 83 is granted.(2)A hearing on the government's motion for reduction of sentence pursuant to Rule 35(b) 81 has been set before the undersigned United States district judge on February 5, 2010, at 2:00 p.m., in Courtroom No. 1, United States Courthouse and Federal Building, 100 Centennial Mall North, Lincoln, Nebraska.(3)At the request of the defendant through his counsel, the defendant will participate in the hearing by telephone.(4)The Marshal is directed not to return the defendant to the district.(5)The defendant is held to have waived his right to be present. Ordered by Judge Richard G. Kopf. (KLL, )
March 16, 2010
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ORDER as to defendant Esequiel Quinonez-Bojorques. It is ordered that:(1)A hearing on the government's motion for reduction of sentence pursuant to Rule 35(b) 81 has been set before the undersigned United States district judge at Tuesday, March 30, 2010, at 1:00 p.m., in Courtroom No. 1, United States Courthouse and Federal Building, 100 Centennial Mall North, Lincoln, Nebraska.(2)At the request of the defendant through his counsel, and with the agreement of the government, the defendant may be absent from the hearing on the Rule 35 motion.(3)The Marshal is directed not to return the defendant to the district.(4)The defendant is held to have waived his right to be present. Ordered by Judge Richard G. Kopf. (KLL, )