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04-3099 - USA v. Vyhnalek et al


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04-3099 - USA v. Vyhnalek et al
May 27, 2005
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ORDER as to defendants Robert Vyhnalek, Rose Vyhnalek and Richard Crawford. A status conference pursuant to FRCrP 17.1 is set for June 6, 2005 at 9:30 a.m. before the undersigned in courtroom 2, United States Courthouse and Federal Building, 100 Centennial Mall North, Lincoln, Nebraska. Counsel for the parties shall be present. Defendants may, but are not required to be present. Rule 17.1 Hearing set for 6/6/2005 09:30 AM in Courtroom 2 (Lincoln) before Magistrate Judge David L. Piester. Signed by Magistrate Judge David L. Piester on 5/27/2005. (JAR)ORDER as to defendants Robert Vyhnalek, Rose Vyhnalek and Richard Crawford. A status conference pursuant to FRCrP 17.1 is set for June 6, 2005 at 9:30 a.m. before the undersigned in courtroom 2, United States Courthouse and Federal Building, 100 Centennial Mall North, Lincoln, Nebraska. Counsel for the parties shall be present. Defendants may, but are not required to be present. Rule 17.1 Hearing set for 6/6/2005 09:30 AM in Courtroom 2 (Lincoln) before Magistrate Judge David L. Piester. Signed by Magistrate Judge David L. Piester on 5/27/2005. (JAR)ORDER as to defendants Robert Vyhnalek, Rose Vyhnalek and Richard Crawford. A status conference pursuant to FRCrP 17.1 is set for June 6, 2005 at 9:30 a.m. before the undersigned in courtroom 2, United States Courthouse and Federal Building, 100 Centennial Mall North, Lincoln, Nebraska. Counsel for the parties shall be present. Defendants may, but are not required to be present. Rule 17.1 Hearing set for 6/6/2005 09:30 AM in Courtroom 2 (Lincoln) before Magistrate Judge David L. Piester. Signed by Magistrate Judge David L. Piester on 5/27/2005. (JAR)
June 1, 2005
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ORDER granting [] Oral Motion to continue status conference as to Robert Vyhnalek (1), Rose Vyhnalek (2), Richard Crawford (3). The status conference will be held before the undersigned in courtroom 2, United States Courthouse and Federal Building, 100 Centennial Mall North, Lincoln, Nebraska on June 9, 2005 at 1:00 p.m. Signed by Magistrate Judge David L. Piester on 6/1/2005. (GJG, )ORDER granting [] Oral Motion to continue status conference as to Robert Vyhnalek (1), Rose Vyhnalek (2), Richard Crawford (3). The status conference will be held before the undersigned in courtroom 2, United States Courthouse and Federal Building, 100 Centennial Mall North, Lincoln, Nebraska on June 9, 2005 at 1:00 p.m. Signed by Magistrate Judge David L. Piester on 6/1/2005. (GJG, )ORDER granting [] Oral Motion to continue status conference as to Robert Vyhnalek (1), Rose Vyhnalek (2), Richard Crawford (3). The status conference will be held before the undersigned in courtroom 2, United States Courthouse and Federal Building, 100 Centennial Mall North, Lincoln, Nebraska on June 9, 2005 at 1:00 p.m. Signed by Magistrate Judge David L. Piester on 6/1/2005. (GJG, )
June 9, 2005
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MEMORANDUM AND ORDER as to defendant(s) Robert Vyhnalek, Rose Vyhnalek, Richard Crawford. Trial of this matter is set to commence at 9:00 a.m., September 12, 2005, for a duration of eight days before the Honorable Richard G. Kopf in Courtroom 1, United States Courthouse and Federal Building, 100 Centennial Mall North, Lincoln, Nebraska. Jury selection will be held at commencement of trial. Jury Trial set for 9/12/2005 09:00 AM in Courtroom 1 (Lincoln) before Judge Richard G. Kopf. Signed by Magistrate Judge David L. Piester on 6/9/2005. (GJG, )MEMORANDUM AND ORDER as to defendant(s) Robert Vyhnalek, Rose Vyhnalek, Richard Crawford. Trial of this matter is set to commence at 9:00 a.m., September 12, 2005, for a duration of eight days before the Honorable Richard G. Kopf in Courtroom 1, United States Courthouse and Federal Building, 100 Centennial Mall North, Lincoln, Nebraska. Jury selection will be held at commencement of trial. Jury Trial set for 9/12/2005 09:00 AM in Courtroom 1 (Lincoln) before Judge Richard G. Kopf. Signed by Magistrate Judge David L. Piester on 6/9/2005. (GJG, )MEMORANDUM AND ORDER as to defendant(s) Robert Vyhnalek, Rose Vyhnalek, Richard Crawford. Trial of this matter is set to commence at 9:00 a.m., September 12, 2005, for a duration of eight days before the Honorable Richard G. Kopf in Courtroom 1, United States Courthouse and Federal Building, 100 Centennial Mall North, Lincoln, Nebraska. Jury selection will be held at commencement of trial. Jury Trial set for 9/12/2005 09:00 AM in Courtroom 1 (Lincoln) before Judge Richard G. Kopf. Signed by Magistrate Judge David L. Piester on 6/9/2005. (GJG, )
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) Robert Vyhnalek, Rose Vyhnalek, Richard Crawford. 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) Robert Vyhnalek, Rose Vyhnalek, Richard Crawford. 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) Robert Vyhnalek, Rose Vyhnalek, Richard Crawford. Signed by Judge Richard G. Kopf on 8/31/2005. (PSM, )
September 8, 2005
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ORDER as to defendant Robert Vyhnalek, Rose Vyhnalek, Richard Crawford. It is ordered that: (1) This case, insofar as it concerns these defendants, is removed from the trial docket based upon the request of the defendants. (2) A hearing on the defendants' anticipated pleas of guilty is scheduled before Magistrate Judge Piester on the 20th day of September, 2005, at the hour of 2:30 p.m., in Courtroom No. 2, 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 defendants shall provide to the assigned probation officer their respective versions of the offense for purposes of preparing the presentence investigation report. (4) For these defendants, the time between today's date and the hearing on the anticipated pleas 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). ***As to all three defendants, Change of Plea Hearing set for 9/20/2005 02:30 PM in Courtroom 2 (Lincoln) before Magistrate Judge David L. Piester; XT excludable started 9/8/2005-9/20/2005; termed 9/12/2005 trial date. Signed by Judge Richard G. Kopf on 9/8/2005. (KLL, )ORDER as to defendant Robert Vyhnalek, Rose Vyhnalek, Richard Crawford. It is ordered that: (1) This case, insofar as it concerns these defendants, is removed from the trial docket based upon the request of the defendants. (2) A hearing on the defendants' anticipated pleas of guilty is scheduled before Magistrate Judge Piester on the 20th day of September, 2005, at the hour of 2:30 p.m., in Courtroom No. 2, 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 defendants shall provide to the assigned probation officer their respective versions of the offense for purposes of preparing the presentence investigation report. (4) For these defendants, the time between today's date and the hearing on the anticipated pleas 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). ***As to all three defendants, Change of Plea Hearing set for 9/20/2005 02:30 PM in Courtroom 2 (Lincoln) before Magistrate Judge David L. Piester; XT excludable started 9/8/2005-9/20/2005; termed 9/12/2005 trial date. Signed by Judge Richard G. Kopf on 9/8/2005. (KLL, )ORDER as to defendant Robert Vyhnalek, Rose Vyhnalek, Richard Crawford. It is ordered that: (1) This case, insofar as it concerns these defendants, is removed from the trial docket based upon the request of the defendants. (2) A hearing on the defendants' anticipated pleas of guilty is scheduled before Magistrate Judge Piester on the 20th day of September, 2005, at the hour of 2:30 p.m., in Courtroom No. 2, 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 defendants shall provide to the assigned probation officer their respective versions of the offense for purposes of preparing the presentence investigation report. (4) For these defendants, the time between today's date and the hearing on the anticipated pleas 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). ***As to all three defendants, Change of Plea Hearing set for 9/20/2005 02:30 PM in Courtroom 2 (Lincoln) before Magistrate Judge David L. Piester; XT excludable started 9/8/2005-9/20/2005; termed 9/12/2005 trial date. Signed by Judge Richard G. Kopf on 9/8/2005. (KLL, )
September 19, 2005
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ORDER - The joint oral motion of counsel is granted. The change of plea is continued to October 6, 2005 at 3:00 p.m. For these defendants, 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. section 3161(h)(1)(I)&(h)(8)(A)(B) as to Robert Vyhnalek (1), Rose Vyhnalek (2), Richard Crawford (3). Signed by Magistrate Judge David L. Piester on 9/19/2005. (GJG, )ORDER - The joint oral motion of counsel is granted. The change of plea is continued to October 6, 2005 at 3:00 p.m. For these defendants, 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. section 3161(h)(1)(I)&(h)(8)(A)(B) as to Robert Vyhnalek (1), Rose Vyhnalek (2), Richard Crawford (3). Signed by Magistrate Judge David L. Piester on 9/19/2005. (GJG, )ORDER - The joint oral motion of counsel is granted. The change of plea is continued to October 6, 2005 at 3:00 p.m. For these defendants, 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. section 3161(h)(1)(I)&(h)(8)(A)(B) as to Robert Vyhnalek (1), Rose Vyhnalek (2), Richard Crawford (3). Signed by Magistrate Judge David L. Piester on 9/19/2005. (GJG, )
November 4, 2005
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ORDER as to defendant Robert Vyhnalek, Rose Vyhnalek, Richard Crawford. It is ordered that: (1) The court advises each of the defendants that they have a right to independent counsel. If such a defendant cannot afford counsel, independent counsel will be appointed at no cost to the defendant. (2) At the time of sentencing, and before I decide whether to accept the plea agreements, I will conduct a hearing pursuant to Federal Rule of Criminal Procedure 44 to determine whether the defendants should be permitted to proceed with the same lawyer. (3) Prior to the time of sentencing, defense counsel shall meet in person and separately with each defendant. At that meeting, defense counsel shall advise each client of the provisions of this order, the defendant's right to independent counsel and the appointment of counsel by the court at no cost to the defendant, and the risks of joint representation. At the time of sentencing, and for each defendant, counsel shall affirmatively state on the record that he has complied with this directive. Signed by Judge Richard G. Kopf on 11/4/2005. (KLL, )ORDER as to defendant Robert Vyhnalek, Rose Vyhnalek, Richard Crawford. It is ordered that: (1) The court advises each of the defendants that they have a right to independent counsel. If such a defendant cannot afford counsel, independent counsel will be appointed at no cost to the defendant. (2) At the time of sentencing, and before I decide whether to accept the plea agreements, I will conduct a hearing pursuant to Federal Rule of Criminal Procedure 44 to determine whether the defendants should be permitted to proceed with the same lawyer. (3) Prior to the time of sentencing, defense counsel shall meet in person and separately with each defendant. At that meeting, defense counsel shall advise each client of the provisions of this order, the defendant's right to independent counsel and the appointment of counsel by the court at no cost to the defendant, and the risks of joint representation. At the time of sentencing, and for each defendant, counsel shall affirmatively state on the record that he has complied with this directive. Signed by Judge Richard G. Kopf on 11/4/2005. (KLL, )ORDER as to defendant Robert Vyhnalek, Rose Vyhnalek, Richard Crawford. It is ordered that: (1) The court advises each of the defendants that they have a right to independent counsel. If such a defendant cannot afford counsel, independent counsel will be appointed at no cost to the defendant. (2) At the time of sentencing, and before I decide whether to accept the plea agreements, I will conduct a hearing pursuant to Federal Rule of Criminal Procedure 44 to determine whether the defendants should be permitted to proceed with the same lawyer. (3) Prior to the time of sentencing, defense counsel shall meet in person and separately with each defendant. At that meeting, defense counsel shall advise each client of the provisions of this order, the defendant's right to independent counsel and the appointment of counsel by the court at no cost to the defendant, and the risks of joint representation. At the time of sentencing, and for each defendant, counsel shall affirmatively state on the record that he has complied with this directive. Signed by Judge Richard G. Kopf on 11/4/2005. (KLL, )
December 14, 2005
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TENTATIVE FINDINGS OF FACT regarding Presentence Investigation Report as to defendant Richard Crawford. It is ordered that the parties are herewith notified that my tentative findings are that the presentence report is correct in all respects.Signed by Judge Richard G. Kopf on 12/14/2005. (KLL, )
December 14, 2005
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TENTATIVE FINDINGS OF FACT regarding Presentence Investigation Report and Addendum as to defendant Robert Vyhnalek. It is ordered that: (1) The defendant's objection 54 to role enhancement and conflict with plea agreement will be resolved at sentencing. (2) 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 12/14/2005. (KLL, )
December 14, 2005
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TENTATIVE FINDINGS OF FACT regarding Presentence Investigation Report and Addendum as to defendant Rose Vyhnalek. It is ordered that: (1) The defendant's objection 55 to role in the offense and conflict with plea agreement will be resolved at sentencing; (2) 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 12/14/2005. (KLL, )
January 4, 2006
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JUDGMENT as to Richard Crawford (3). Indictment is dismissed on the motion of the United States as to this Defendant only. Defendant pleaded guilty to Count I of the Information and is hereby sentenced to probation for a term of 5 years; Special Assessment of $25 (PAID), Fine in the amount of $5,000 and Resitution of $20,000 as to defendant(s) Richard Crawford. Restitution is hereby ordered to be paid jointly and severally with co-defendants. CERTIFIED COPY TO USM. Signed by Judge Richard G. Kopf on 1/4/2006. (GJG, ) Modified on 1/4/2006 to add Joint and Several information regarding restitution(GJG, ).
January 4, 2006
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JUDGMENT as to Robert Vyhnalek (1). Indictment dismissed on the motion of the United States as to this Defendant only. Defendant pleaded guilty to Count I of the Information and is hereby sentenced to probation for a term of 5 years; $25 Special Assessment; Fine in the amount of $12,500 and restitution of $20,000 as to defendant(s) Robert Vyhnalek. Restitution is hereby ordered to be paid jointly and severally with co-defendants. CERTIFIED COPY TO USM. Signed by Judge Richard G. Kopf on 1/4/2006. (GJG, ) Modified on 1/5/2006 to reflect fine is in the amount of $12,500 (CCB).
January 4, 2006
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JUDGMENT as to Rose Vyhnalek (2). Defendant pleaded guilty to Count I of the Indictment and is hereby sentenced to probation for a term of 5 years; $100 Special Assessment (PAID); Fine in the amount of $12,500 and Restitution of $20,000. Restitution is hereby ordered to be paid jointly and severally with co-defendants; Count(s) 2-19, 20-21, Dismissed on the motion of the United States as to defendant(s) Rose Vyhnalek. CERTIFIED COPY TO USM. Signed by Judge Richard G. Kopf on 1/4/2006. (GJG, ) Modified on 1/5/2006 to reflect fine is in the amount of $12,500 (CCB).
January 5, 2006
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AMENDED JUDGMENT (Correction of Sentence for Clerical Mistake) as to defendant Richard Crawford (3): Defendant pleaded guilty to Count I of the Information and is hereby sentenced to probation for a term of 5 years and ordered to pay a Special Assessment of $25 (PAID), a Fine in the amount of $5,000, and Resitution of $20,000. Restitution is hereby ordered to be paid jointly and severally with co-defendants. Original Indictment is dismissed on motion of the government as to this defendant only. Signed by Judge Richard G. Kopf on 1/5/2006, sentence imposed on 12/27/2005. (4 CC to USM) (JAR)