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04-3107 - USA et al v. Garcia et al


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04-3107 - USA et al v. Garcia et al
May 3, 2005
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ORDER granting 45 Motion to Continue Trial as to Diana Stenson (2). Trial of this matter is continued to 9:00 a.m., July 5, 2005 for a duration of four 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. The deadline for filing pretrial motions is extended for 30 days. The additional time arising as a result of the granting of the motion shall be deemed excludable time in any computation of time under the requirements of the Speedy Trial Act. Signed by Judge Magistrate David L. Piester on 5/3/2005. (JAR)
May 4, 2005
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ORDER granting 47 Motion to Seal as to Stacey V. Burling (3). Signed by Magistrate Judge David L. Piester on 5/4/2005. (GJG, )
May 9, 2005
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ORDER granting 51 Motion as to Stacey V. Burling. It is ordered that: (1) The defendant's motion for issuance of subpoenas in forma pauperis 51 is granted; (2) As to the subpoenas requested in filing 51, the defendant is relieved of any obligation to pay for the costs of said subpoenas; the witness fees, travel expenses and subsistence will be paid by the United States; and the subpoenas shall be served by the United States Marshal Service. Signed by Judge Richard G. Kopf on 5/9/2005. (KLL, )
June 6, 2005
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ORDER that all exhibits offered by counsel shall be withdrawn from the clerk by the attorney who offered the exhibits no later than ten days as to defendant Stacey V. Burling. Signed by Judge Richard G. Kopf on 6/6/2005. (CCB )
June 9, 2005
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JUDGMENT as to Stacey V. Burling (3), Count(s) 1. Defendant pleaded guilty to Count I of the Indictment and is hereby committed to United States Bureau of Prisons to be imprisoned for a term of forty-six (46) months; 5 years Supervised Release with Special Conditions; $100 Special Assessment as to defendant(s) Stacey V. Burling. 5 CERTIFIED COPIES TO USM. Signed by Judge Richard G. Kopf on 6/9/2005. (GJG, )
June 10, 2005
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MEMORANDUM AND ORDER granting the Oral Motion. This case, insofar as it concerns this defendant, is removed from the trial docket. A hearing on the defendant's anticipated plea of guilty is scheduled before Magistrate Judge Piester on the 20th day of June, 2005 at the hour of 2:30 p.m. 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 as to Defendant Diana Stenson (2). See 18 U.S.C. sec. 3161(h)(1)(I)&(h)(8)(A)(B). Signed by Magistrate Judge David L. Piester on 6/10/2005. (GJG, )
June 20, 2005
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REPORT, RECOMMENDATION AND ORDER recommending to Judge Kopf that he accept the guilty plea and consider 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 Diana Stenson signed by Magistrate Judge David L. Piester on 6/20/2005. (SED)
July 12, 2005
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ORDER as to Diana Stenson. It is ordered that: (1) The report and recommendation 74 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 7/12/2005. (KLL, )
August 29, 2005
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TENTATIVE FINDINGS OF FACT regarding Revised Presentence Investigation Report and Addendum as to defendant Diana Stenson. It is ordered that: (1) The defendant's objection to criminal history 79 and the government's objection 78 to paragraphs 36, 37, 74, 78, 91 and 92 of the PSR 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 8/29/2005. (KLL, )
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) Juan Garcia, Diana Stenson, Stacey V. Burling. 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) Juan Garcia, Diana Stenson, Stacey V. Burling. 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) Juan Garcia, Diana Stenson, Stacey V. Burling. Signed by Judge Richard G. Kopf on 8/31/2005. (PSM, )
September 7, 2005
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JUDGMENT as to Diana Stenson (2). Count(s) 1, Defendant pleaded guilty to Count I of the Indictment and is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a term of seventy (70) months. Term to run concurrent with the undischarged term of imprisonment imposed in the U.S. District Court for the Western District of Texas (El Paso, TX) Case #EP-04-CR-1879KC(1); 5 years Supervised Release with Special Conditions; $100 Special Assessment. Count(s) 2, Dismissed on the Motion of the United States as to this Defendant only as to defendant(s) Diana Stenson. 4 Certified Copies to USM. Signed by Judge Richard G. Kopf on 9/7/2005. (GJG, )
June 5, 2006
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ORDER as to defendant Stacey V. Burling. 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) 90 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 6/5/2006. (KLL, )
December 21, 2006
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ORDER as to defendant Stacey V. Burling. It is ordered that: (1) The government's request for hearing 93 is granted; (2) A hearing on the government's motion for reduction of sentence pursuant to Rule 35(b) 90 has been set before the undersigned United States district judge on Friday, January 19, 2007, at 1:30 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 her 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 her right to be present.***Rule 35(b) Motion Hearing set for 1/19/2007 01:30 PM in Courtroom 1 (Lincoln) before Judge Richard G. Kopf. Ordered by Judge Richard G. Kopf.(KLL, )
January 19, 2007
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AMENDED JUDGMENT (Reduction of Sentence) as to Stacey V. Burling (3). Defendant pleaded guilty to Count I of the Indictment and the defendant's sentence of imprisonment is reduced from the original sentence to a term of twenty-three (23) months; five (5) years of Supervised Release with Special Conditions; $100 Special Assessment (PAID)as to defendant(s) Stacey V. Burling. Ordered by Judge Richard G. Kopf. 4 Certified Copies to USM.(GJG, )
February 20, 2007
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ORDER as to defendant Diana Stenson. ***Rule 35(b) Motion Hearing set for 3/8/2007 12:30 PM in Courtroom 1 (Lincoln) before Judge Richard G. Kopf. The defendant will participate by telephone.Ordered by Judge Richard G. Kopf.(KLL, )
March 7, 2007
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ORDER as to defendant Diana Stenson. It is ordered that the defendant's unopposed motion to continue Rule 35 hearing 102 is granted. ***Rule 35(b) Motion Hearing reset to 3/27/2007 01:00 PM in Courtroom 1 (Lincoln) before Judge Richard G. Kopf. Ordered by Judge Richard G. Kopf.(KLL, )
March 27, 2007
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AMENDED JUDGMENT (Reduction of Sentence) as to Diana Stenson (2), Count 1 of the indictment. Defendant's sentence of imprisonment is reduced from the original sentence of 70 months to a sentence of time served followed by 5 years Supervised Release with Special Conditions; $100 Special Assessment. Count 2 was dismissed on the Motion of the United States as to defendant Diana Stenson. Ordered by Judge Richard G. Kopf on 3/27/07. 4 certified copies to USM.(CCB)
June 26, 2008
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ORDER APPOINTING COUNSEL - James R. Kozel appointed as counsel as to defendant Juan Garcia as ordered by Judge Richard G. Kopf. (SED)
June 26, 2008
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ORDER of Detention pending trial as to defendant Juan Garcia as ordered by Judge Richard G. Kopf. (SED)
July 14, 2008
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ORDER granting 121 Plaintiff's Motion to extend deadline to accomplish Rule 16 discovery as to Juan Garcia (1). Ordered by Magistrate Judge David L. Piester. ( CAR)
August 18, 2008
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ORDER granting 124 Motion to Continue Trial as to Juan Garcia (1). Jury Trial continued to 10/6/2008 09:00 AM in Courtroom 1 - Lincoln before Judge Richard G. Kopf. Time between August 18, 2008 and October 6, 2008 shall be deemed excludable time in any computation of time under the requirements of the Speedy Trial Act. Ordered by Magistrate Judge David L. Piester. (JAB)
October 30, 2008
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ORDER as to defendant Juan Garcia. On the court's own motion, and to accommodate a change in the court's calendar, IT IS ORDERED that Defendant Garcia's sentencing is continued to Wednesday, December 17, 2008, 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. The defendant shall be present unless excused by the court. Ordered by Judge Richard G. Kopf. (KLL, )
December 5, 2008
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TENTATIVE FINDINGS OF FACT regarding Revised Presentence Investigation Report as to defendant Juan Garcia. It is ordered that:... (2) There are no disputed matters regarding the presentence report and the proper computation of the advisory Guidelines ranges.(3)Except to the extent (if at all) that I have sustained an objection or granted a motion or reserved an issue for later resolution in the preceding paragraph, the parties are herewith notified that my tentative findings are that the presentence report is correct in all respects. ETC. Ordered by Judge Richard G. Kopf. (KLL, )
December 18, 2008
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JUDGMENT as to defendant Juan Garcia (1). Defendant pleaded guilty to Count I of the Indictment and is committed to the Bureau of Prisons for 87 months; 5 years supervised release with special conditions; $100 special assessment. Ordered by Judge Richard G. Kopf. (4 Certified copies to USM)(JAB)