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04-3143 - USA v. Wilhelmi


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04-3143 - USA v. Wilhelmi
May 3, 2005
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ORDER granting defendant's Oral Motion to continue as to Darryl G. Wilhelmi Jr. (1). The plea hearing is continued to June 2, 2005 at 9:00 a.m. before the undersigned. Defendant orally waived his right to a speedy trial and the court therefore finds that 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 shall be deemed excludable time in any computation of time under the requirements of the Speedy Trial Act. Signed by Magistrate Judge David L. Piester on 5/3/2005. (JAR)
June 2, 2005
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ORDER granting Oral Motion as to Darryl G. Wilhelmi Jr. (1). The change of plea hearing is continued from today to June 21, 2005 at 1:30 p.m. in Courtroom 2, United States Courthouse and Federal Building, 100 Centennial Mall North,Lincoln, Nebraska. 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. Signed by Magistrate Judge David L. Piester on 6/2/2005. (JAR)
July 7, 2005
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REPORT, RECOMMENDATION, and ORDER to Judge Richard G. Kopf that: he accept the guilty plea and find the defendant guilty of the crime to which the defendant tendered a guilty plea; and he not accept the plea agreement at this time, but rather that he consider the Rule 11(c)(1)(C) agreement at sentencing as to defendant Darryl G. Wilhelmi, Jr. Signed by Magistrate Judge David L. Piester on 7/7/2005. (JAR)
July 22, 2005
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ORDER as to Darryl G. Wilhelmi Jr. It is ordered that: (1) The report and recommendation 39 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 7/22/2005. (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) Darryl G. Wilhelmi, Jr. Signed by Judge Richard G. Kopf on 8/31/2005. (PSM, )
September 12, 2005
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ORDER as to Darryl G. Wilhelmi Jr. It is ordered that the defendant's motion to continue hearing and to change residence 45 is denied. Signed by Judge Richard G. Kopf on 9/12/2005. (KLL, )
September 12, 2005
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TENTATIVE FINDINGS OF FACT regarding Presentence Investigation Report as to defendant Darryl G. Wilhelmi, Jr. It is ordered that the parties are herewith notified that my tentative findings are that the presentence report is correct in all respects; etc.Signed by Judge Richard G. Kopf on 9/12/2005. (KLL, )
September 28, 2005
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JUDGMENT as to defendant Darryl G. Wilhelmi, Jr. (1): Upon guilty plea to Count 1 of the Indictment, the defendant is committed to the custody of the United States Bureau of Prisons to be imprisoned for a term of one hundred thirty-five (135) months, followed by 5 years of Supervised Release and pay a $100.00 Special Assessment(PAID). Criminal Case Terminated. Signed by Judge Richard G. Kopf on 9/28/2005, sentence imposed on 9/23/2005. (4 CC to USM) (JAR)
November 6, 2006
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ORDER as to defendant Darryl G. Wilhelmi, Jr. 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) 55 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. Ordered by Judge Richard G. Kopf.(KLL, )
June 18, 2008
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ORDER as to defendant Darryl G. Wilhelmi, Jr. It is ordered that: (1) The government's request for hearing 57 is granted. (2) The hearing on the government's motion for reduction of sentence pursuant to Rule 35(b) 55 has been set before the undersigned United States district judge on Tuesday, September 9, 2008, at 1:00 p.m., 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. Ordered by Judge Richard G. Kopf. (KLL, )
September 9, 2008
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AMENDED JUDGMENT as to defendant Darryl G. Wilhelmi, Jr. (1). Government's motion (filing 55) for reduction of sentence pursuant to Rule 35(b) is granted. The defendant's sentence of imprisonment is reduced from the original sentence to a term of Time Served; 5 years of Supervised Release;$100.00 Special Assessment(PAID). Ordered by Judge Richard G. Kopf. (1 Certified copy to USM)(JAB)