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05-3002 - USA v. Erving


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05-3002 - USA v. Erving
April 29, 2005
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ORDER granting defendant's unopposed 17 Motion to Continue as to Roosevelt Erving Jr. (1). The defendant shall file any pretrial motions in the above captioned matter no later than Friday, May 27, 2005. This Court further findsthat, based upon the showing set forth in defendant's motion, the ends of justice will be served by extending the deadline for filing pretrial motions. Further, that taking such action outweighs the best interests of the public and the defendant in a speedy trial. Accordingly, the time from April 29, 2005, until May 27, 2005, shall be excluded from any speedy trial calculation pursuant to 18 U.S.C. 3161(h)(8)(A). Signed by Magistrate Judge David L. Piester on 4/29/2005. (CS, )
June 1, 2005
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ORDER granting 19 Motion to Continue as to Roosevelt Erving Jr. (1). The defendant shall file any pretrial motions in no later than July 15, 2005. The time from June 1, 2005, until July 15, 2005, shall be excluded from any speedy trial calculation pursuant to 18 U.S.C. sec. 3161(h)(8)(A). Signed by Magistrate Judge David L. Piester on 6/1/2005. (GJG, )
July 15, 2005
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ORDER granting 22 Motion to Continue Deadline for Filing Pretrial Motions as to Roosevelt Erving Jr. (1). Defendant shall file any pretrial motions in the above captioned matter no later than August 15, 2005. This Court further finds that, based upon the showing set forth in defendant's motion, the ends of justice will be served by extending the deadline for filing pretrial motions. Accordingly, the time from July 15, 2005, until August 15, 2005, shall be excluded from any speedy trial calculation. Signed by Magistrate Judge David L. Piester on 7/15/2005. (JAR)
August 16, 2005
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ORDER granting 25 Motion to Continue as to Roosevelt Erving Jr. (1). The defendant shall file any pretrial motions in the above captioned matter no later than August 29, 2005. The time from August 15, 2005, until August 29, 2005, shall be excluded from any speedy trial calculation pursuant to 18 U.S.C. sec. 3161(h)(8)(A). Signed by Magistrate Judge David L. Piester on 8/16/2005. (GJG, )
August 29, 2005
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ORDER as to defendant Roosevelt Erving, Jr. 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 the undersigned United States district judge on the 16th day of September, 2005, at the hour of 8:30 a.m., in Courtroom No. 1, 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 9/16/2005 08:30 AM in Courtroom 1 (Lincoln) before Judge Richard G. Kopf; XT excludable started 8/29/2005-9/16/2005. 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) Roosevelt Erving, Jr. Signed by Judge Richard G. Kopf on 8/31/2005. (PSM, )
September 14, 2005
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ORDER as to defendant Roosevelt Erving, Jr. On the joint oral motion of counsel, it is ordered that the hearing on the defendant's anticipated plea of guilty is rescheduled before the undersigned United States district judge to 3:00 p.m., on September 16, 2005, in Courtroom No.1, United States Courthouse and Federal Building, 100 Centennial Mall, North, Lincoln, Nebraska.***Change of Plea Hearing set for 9/16/2005 03:00 PM in Courtroom 1 (Lincoln) before Judge Richard G. Kopf. Signed by Judge Richard G. Kopf on 9/14/2005. (KLL, )
December 6, 2005
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TENTATIVE FINDINGS OF FACT regarding Revised Presentence Investigation Report as to defendant Roosevelt Erving, Jr. 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 12/6/2005. (KLL, )
December 16, 2005
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JUDGMENT as to defendant Roosevelt Erving, Jr. (1): Upon guilty plea to counts 1, 3, 5, 7, 9, 11, 13, 15, 17, 19, 21, 23, 25 and 26 of the Superseding Indictment, defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a term of three hundred ninety-six (396) months on counts 1, 3, 5, 7, 9, 11, 13, 15, 17, 19, 21, 23, 25 and eighty-four (84) months as to Count 26 of the superseding indictment, said terms to run consecutive, followed by 5 years of Supervised Release on each count, terms to run concurrent. Restitution in the amount of $443,912.34 is also ordered (no special assessment ordered). Counts 2, 4, 6, 8, 10, 12, 14, 16, 18, 20, 22, 24, and 27 of the Superseding Indictment are DISMISSED. Signed by Judge Richard G. Kopf on 12/16/2005, sentence imposed on 12/15/2005. (4 CC to USM) (JAR)
January 5, 2006
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AMENDED JUDGMENT for Correction of Sentence for Clerical Mistake (Fed.R.Crim.P.36) as to Roosevelt Erving, Jr. (1) - Upon guilty plea to counts 1, 3, 5, 7, 9, 11, 13, 15, 17, 19, 21, 23, 25 and 26 of the Superseding Indictment, defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a term of three hundred ninety-six (396) months on counts 1, 3, 5, 7, 9, 11, 13, 15, 17, 19, 21, 23, 25 and eighty-four (84) months as to Count 26 of the superseding indictment, said terms to run consecutive, followed by 5 years of Supervised Release on each count, terms to run concurrent. Restitution in the amount of $443,912.34 is also ordered (no special assessment ordered). Counts 2, 4, 6, 8, 10, 12, 14, 16, 18, 20, 22, 24, and 27 of the Superseding Indictment are DISMISSED as to defendant Roosevelt Erving, Jr. Defendant remanded to the custody of the U.S. Marshal. Signed by Judge Richard G. Kopf on 1/5/2006. (4 Certified Copies to USM) (CS, )
April 3, 2007
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MEMORANDUM AND ORDER regarding 52 Motion to Vacate (2255) and 55 Amended Motion to Vacate (2255) as to Roosevelt Erving Jr. (1). IT IS ORDERED that: 1. Defendant's § 2255 motion and amended motion (filings 52 and 55) are denied except insofar as Defendant claims that counsel failed to file an appeal as instructed. 2. This matter is referred to Magistrate Judge Piester to appoint counsel for the defendant and conduct an evidentiary hearing on Defendant's claim of ineffective assistance of counsel regarding the failure to appeal. Ordered by Judge Richard G. Kopf. (Copy mailed to defendant and Judge Piester notified.)(JAR)
April 3, 2007
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ORDER as to defendant Roosevelt Erving, Jr. Pursuant to the Memorandum and Order filed this date by the Honorable Richard G. Kopf56, IT IS ORDERED:1. An evidentiary hearing on defendant's § 2255 claim of ineffective assistance of counsel regarding the failure to appeal is set for May 8, 2007 at 1:30 p.m. before the undersigned magistrate judge in Courtroom 2, United States Courthouse and Federal Building, 100 Centennial Mall North, Lincoln, Nebraska. 2. The United States Marshal shall produce the defendant for the hearing. Motion Hearing set for 5/8/2007 01:30 PM in Courtroom 2 (Lincoln) before Magistrate Judge David L. Piester. Ordered by Magistrate Judge David L. Piester. (Copy mailed to Defendant. Certified copy to USM)(JAR)
April 23, 2007
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ORDER- The Federal Public Defender for the District of Nebraska is appointed to represent the above named defendant on his § 2255 motions, filings 52 and 55, claiming ineffective assistance of his trial counsel, John C. Vanderslice, regarding the failure to file an appeal. The Federal Public Defender shall forthwith provide the court with a draft appointment order (CJA Form 20) bearing the name and other identifying information of the CJA Panel attorney identified to represent the defendant in accordance with the Criminal Justice Act Plan for this district as to defendant(s) Roosevelt Erving, Jr. Ordered by Magistrate Judge David L. Piester. Copy to Federal Public Defender. (GJG, )
May 7, 2007
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ORDER - Plaintiff's motion to continue, filing 60 is granted and the hearing on defendant's motion for post conviction relief is continued from May 8 to June 11, 2007 at 1:30 p.m. The United States Marshal shall produce the defendant for this hearing as to Roosevelt Erving Jr. (1). Ordered by Magistrate Judge David L. Piester. Certified Copy to USM.(GJG, )
June 15, 2007
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REPORT AND RECOMMENDATION regarding MOTION to Vacate under 28 U.S.C. 2255 55. IT HEREBY IS RECOMMENDED to the Honorable Richard G. Kopf, United States District Judge, that the remaining claim in movants petition under 28 U.S.C. 2255, that he was denied effective assistance of counsel as a result of his lawyer's failure to file an appeal, be denied in all respects. The parties are notified that a failure to object to this recommendation in accordance with the local rules of practice may be held to be a waiver of any right to appeal the district judges adoption of this recommendation as to defendant(s) Roosevelt Erving, Jr. Ordered by Magistrate Judge David L. Piester.(GJG, )
July 9, 2007
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MEMORANDUM AND ORDER - The magistrate judge's report and recommendation (filing 65) is adopted. Defendant's objections to the report and recommendation (filing 67) are denied. Defendant's motion and amended motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. § 2255 (filings 52, 55) are denied in all respects. Judgment shall be entered by separate document as to Roosevelt Erving Jr. Ordered by Judge Richard G. Kopf. (GJG, )
July 9, 2007
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JUDGMENT - Pursuant to the court's memorandum and order filed this date 69,IT IS ORDERED that judgment is entered for the United States and against the defendant, providing that the defendant shall take nothing, and that the motion and amended motion to vacate, set aside or correct the defendant's sentence under 28 U.S.C. § 2255 (filings 52 55) are denied in all respects as to defendant(s) Roosevelt Erving, Jr. Ordered by Judge Richard G. Kopf.(GJG, )
July 25, 2007
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ORDER - Defendant's motion for leave to proceed in forma pauperis filing 53 is denied without prejudice, as moot as to defendant(s) Roosevelt Erving, Jr. Ordered by Judge Richard G. Kopf.(GJG, )
December 12, 2008
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ORDER TO WITHDRAW EXHIBITS OR TO SHOW CAUSE WHY EXHIBITS SHOULD NOT BE DESTROYED as to defendant Roosevelt Erving, Jr. Pursuant to NECivR 79.1(f) or NECrimR 55.1(g), counsel for government shall either 1) withdraw the following exhibits previously submitted in this matter within 15 calendar days of the date of this order, or 2) show cause why the exhibits should not be destroyed. If counsel fails to withdraw these exhibits as directed or to show cause why the exhibits should not be destroyed, the clerks 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. (SED)
March 19, 2009
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MEMORANDUM AND ORDER as to Roosevelt Erving, Jr. The defendant's notice of appeal (filing 77), treated as a motion for extension of time to file a notice of appeal or to reopen the time to file an appeal, is denied. The clerk of the court shall forward a copy of this memorandum and order to the Clerk of the United States Court of Appeals for the Eighth Circuit, and shall serve a copy on the defendant personally. Ordered by Judge Richard G. Kopf. (Copies mailed as directed)(GJG)
June 1, 2016
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ORDER as to defendant Roosevelt Erving, Jr. The Clerk of the Court is directed to treat filing no. 87 as a 28 U.S.C. § 2255 motion seeking relief under the Johnson case. The Federal Public Defender or his nominee has been appointed. The Clerk is directed to mail a copy of this order to Mr. Erving. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(GJG)
June 30, 2016
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ORDER - This case is held in abeyance until further order of this court. Counsel shall promptly advise me when the United States Court of Appeals for the Eighth Circuit or the United States Supreme Court decides one way or the other whether the Johnson decision applies to a case (i) where the underlying criminal action was final before Johnson was decided and (ii) that involves a challenge to the residual clause of U.S.S.G. § 4B1.2(a)(2) based upon Johnson as to defendant Roosevelt Erving, Jr. Ordered by Senior Judge Richard G. Kopf. (KLF)
March 24, 2017
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MEMORANDUM AND ORDER that the United States has filed a notice (filing no. 93) noting the Supreme Court'sdecision in Beckles v. United States. The United States further asserts that the holding in Johnson, therefore, does not apply to the Guideline issues raised by the defendant in this case. Accordingly, IT IS ORDERED that: (1) If the defendant disagrees with the government, the defendant shall file a notice of disagreement together with a supporting brief no later than April 3, 2017. (2) If no notice of disagreement and brief are filed by the defendant, the pending § 2255 motion in this case will be dismissed without prejudice. (3) If a notice of disagreement and brief are filed by the defendant, I will issue a decision determining whether Beckles is dispositive as to defendant Roosevelt Erving, Jr.. Ordered by Senior Judge Richard G. Kopf. (ADB)