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04-3132 - USA v. Deollos


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04-3132 - USA v. Deollos
April 20, 2005
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ORDER granting 11 Motion to Continue as to Christopher E. Deollos Sr. (1). Trial is continued to 9:00 a.m., June 13, 2005, for a duration of five 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 ends of justice will be served by granting such a motion, and outweigh the interests of the public and the defendant in a speedy trial, and the additional time arising as a result of the granting of the motion, the time between April 20, 2005 and June 13, 2005 shall be deemed excludable time in any computation of time under the requirements of the Speedy Trial Act, for the reason that the parties require additional time to adequately prepare the case, taking into considerationdue diligence of counsel, the novelty and complexity of the case, and the fact that the failure to grant additional time might result in a miscarriage of justice. 18 U.S.C. 3161(h)(8)(A) & (B). Signed by Magistrate Judge David L. Piester on 4/20/2005. (CS, )
June 8, 2005
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ORDER as to defendant Christopher E. Deollos, Sr. 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 Magistrate Judge Piester on the 20th day of July, 2005, at the hour of 11:30 a.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 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 7/20/2005 11:30 AM in Courtroom 2 (Lincoln) before Magistrate Judge David L. Piester; XT excludable started 6/8/2005-7/20/2005; termed 6/13/2005 trial date. Signed by Judge Richard G. Kopf on 6/8/2005. (KLL, )
July 20, 2005
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REPORT, RECOMMENDATION AND ORDER - It is recommended to Judge Richard G. Kopf that he accept the guilty plea and any written plea agreement. It is ORDERED that if any party desires to object to this report and recommendation, they shall do so no later than 10 calendar days following the date of this report and recommendation, as to defendant Christopher E. Deollos, Sr. Signed by Magistrate Judge David L. Piester on 7/20/2005. (CS, )
August 2, 2005
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ORDER as to Christopher E. Deollos Sr. It is ordered that: (1) The report and recommendation 20 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 8/2/2005. (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) Christopher E. Deollos, Sr. Signed by Judge Richard G. Kopf on 8/31/2005. (PSM, )
September 29, 2005
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TENTATIVE FINDINGS OF FACT regarding Revised Presentence Investigation Report as to defendant Christopher E. Deollos, Sr. It is ordered that: (1) The parties had no objections to the presentence report; (2) The defendant has submitted a motion for departure 27 28 because the defendant claims he was not promptly brought to federal court on federal drug charges despite the fact that he was in state custody on unrelated charges and the government knew of his incarceration. Among other things, he claims that had he been brought promptly to federal court he could have provided more timely information to the government on the federal drug charges and that information would have resulted in a departure motion from the government for substantial assistance. As a remedy, he seeks a credit reducing his federal sentence by the amount of time he has already served on the unrelated state sentence and the imposition of a concurrent sentence on the undischarged portion of the unrelated state charges. That motion will be resolved at sentencing with a brief evidentiary hearing. At the evidentiary hearing, the government shall be prepared to present the reasons for any delay in bringing the defendant to federal court on the federal drug charges; (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 9/29/2005. (KLL, )
October 6, 2005
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MEMORANDUM AND ORDER that the plaintiff's motion to continue sentencing (filing 30 in 4:04CR3132) is granted. The evidentiary hearing and sentencing in the above-captioned cases scheduled for Friday, October 7, 2005, are continued until further order of the court. Counsel for both parties are directed to contact Kris Leininger, judicial assistant for the undersigned United States district judge, on Tuesday, October 11, 2005, to reschedule the defendant's sentencing as to Christopher E. Deollos Sr. (1). Signed by Judge Richard G. Kopf on 10/6/2005. (CS, )
October 11, 2005
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ORDER as to defendant Christopher E. Deollos, Sr. ***Sentencing reset to 11/7/2005 12:30 PM in Courtroom 1 (Lincoln) before Judge Richard G. Kopf. Signed by Judge Richard G. Kopf on 10/11/2005. (KLL, )
November 8, 2005
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JUDGMENT signed by District Judge Richard G. Kopf on 11/8/2005 as to Christopher E. Deollos, Sr. (1); Defendant pleaded guilty to Count I of the Indictment and is sentenced to the custody of the Bureau of Prisons for a term of 292 months to run concurrent with the conviction in Lancaster County District Court, Case No. CR04-515, followed by 5 years of supervised release with special conditions, and $100 special assessment; Criminal Case Terminated (4 certified copies to U.S. Marshal). (BMH)
November 15, 2006
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ORDER as to defendant Christopher E. Deollos, Sr. It is ordered that: (1) A hearing on the government's motion for reduction of sentence pursuant to Rule 35(b)42 has been set before the undersigned United States district judge on Monday, November 27, 2006, 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, the defendant will participate in the hearing by telephone. (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. (5) 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. (6) The Federal Public Defender shall provide CJA counsel with a new voucher. (7) 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.***Rule 35(b) Motion Hearing set for 11/27/2006 01:00 PM in Courtroom 1 (Lincoln) before Judge Richard G. Kopf. Ordered by Judge Richard G. Kopf.(KLL, )
November 28, 2006
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AMENDED JUDGMENT as to Christopher E. Deollos, Sr. (1) - Government's Motion 42 for Reduction of Sentence pursuant to Rule 35(b) is granted. Defendant's sentence of imprisonment is reduced from the original sentence to a term of 168 months to run concurrent with the conviction in Lancaster County District Court, Case No. CR04-515, followed by 5 years of supervised release with special conditions, and $100 special assessment as to defendant Christopher E. Deollos, Sr. Ordered by Judge Richard G. Kopf. (4 Certified copies to USM) (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) Christopher E. Deollos, Sr. Pursuant to NECivR 79.1(f) or NECrimR 55.1(g), counsel for defendant, Christopher E. Deolloes, Sr., shall either 1) withdraw the following exhibits previously submitted in thismatter within 10 business days of the date of this order, or 2) show cause why the exhibits should not be destroyed: Exhibit number(s): 100; Hearing type(s): Sentencing hearing; Date of hearing(s): 11/7/2005. 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, )
April 22, 2015
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ORDER REDUCING SENTENCE - USSC Amendment as to defendant Christopher E. Deollos, Sr. The defendant's previously imposed sentence of imprisonment of 168 months is reduced to 136 months. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to defendant)(SLP)
November 7, 2016
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ORDER that this case is closed and supervision is terminated as to defendant Christopher E. Deollos, Sr. Ordered by Senior Judge Richard G. Kopf. (KLF)