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05-3011 - USA v. Popejoy


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05-3011 - USA v. Popejoy
April 25, 2005
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ORDER denying 15 Motion to Dismiss Attorney; denying 16 Motion for Hearing on Motion to Dismiss Attorney; denying 17 Motion to Dismiss Indictment; and denying 18 Motion for Hearing on Motion to Dismiss Indictment as to Robert Popejoy (1). Signed by Judge Richard G. Kopf on 4/25/2005. (JAR)
May 31, 2005
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ORDER granting 22 Plaintiff's Motion to Extend Time to File Response to Motion to Dismiss as to Robert Popejoy (1). Plaintiff is given to June 14, 2005 to file its response to defendant's motion to dismiss. Signed by Magistrate Judge David L. Piester on 5/31/2005. (JAR)
June 21, 2005
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ORDER that the office of the clerk shall not file any documents or communications received from defendant pro se. Such documents or communications shall be forwarded to defendant's counsel as to defendant Robert Popejoy. Signed by Magistrate Judge David L. Piester on 6/21/2005. (CS); copy mailed to defendant Robert Popejoy #60416 at P.O. Box 900, Tecumseh, NE 68450, on 6/28/05; Modified on 6/28/2005 to show copy mailed to defendant (BMH).
June 27, 2005
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REPORT RECOMMENDATION AND ORDER to the Honorable RichardG. Kopf, Chief United States District, pursuant to 28 U.S.C. 636(b)(1)(B), that the defendant's motion to dismiss, filing 20, be denied in all respects as to Robert Popejoy (1). The defendant's request for a bill of particulars is granted. On or before July 14, 2005, the government shall file a bill of particulars setting forth the specific acts--including dates, times, places, persons present, and actions taken by each--that the government will attempt to prove at trial. The defendant's motion for an extension of time to file pretrial motions, filing 21, is granted, and the deadline for filing pretrial motions is continued to July 28, 2005. The time between June 22, 2005 and July 28, 2005 shall be deemed excludable time in any computation of time under the requirements of the Speedy Trial Act. Trial is set for 9:00 a.m. on September 12, 2005 for a duration of seven trial days before the Honorable Richard G. Kopf. Jury selection will be at the commencement of trial. Signed by Magistrate Judge David L. Piester on 6/27/2005. (JAR)
July 28, 2005
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ORDER granting 31 Motion to Withdraw as Attorney by Attorney Michael J. Tasset as to Robert Popejoy (1). The Federal Public Defender for the District ofNebraska shall provide the court with a draft appointment order (CJA Form 20) for substitute counsel bearing the name and other identifying information of the CJA Panel attorney identified in accordance with the Criminal Justice Act Plan for this district. Signed by Magistrate Judge David L. Piester on 7/29/2005. (Copy to FPD and defendant.) (JAR)
August 2, 2005
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ORDER granting 34 Motion to Continue deadline as to Robert Popejoy (1). Deadline for filing pretrial motions is extended to September 26, 2005. 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 August 2, 2005 and September 26, 2005 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 8/2/2005. (JAR)
August 8, 2005
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ORDER as to Robert Popejoy. It is ordered that: (1) The Magistrate Judge's Recommendation 27 is adopted; (2) The defendant's objection 28 to the Recommendation is denied; (3) The defendant's motion to dismiss 20 is denied. Copy of order given to Magistrate Judge Piester. Signed by Judge Richard G. Kopf on 8/8/2005. (KLL, )
August 26, 2005
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ORDER as to defendant Robert Popejoy. Trial of this matter is continued from September 12 to 9:00 a.m., October 3, 2005 before the Honorable Richard G. Kopfin Courtroom 1, United States Courthouse and Federal Building, 100 Centennial Mall North, Lincoln, Nebraska. Jury selection will be held at commencement of trial. Signed by Magistrate Judge David L. Piester on 8/26/2005. (JAR)
August 26, 2005
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ORDER granting Oral Motion of counsel to continue Trial as to Robert Popejoy (1). Trial of this matter is continued from October 3 to 9:00 a.m., October 31, 2005 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. DATED this 26th day of August, 2005. Signed by Magistrate Judge David L. Piester on 8/26/2005. (JAR)
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 Popejoy. Signed by Judge Richard G. Kopf on 8/31/2005. (PSM, )
October 13, 2005
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ORDER regarding pending motions as to defendant Robert Popejoy. Two pretrial motions were filed on September 24, 2005 and remain pending in this case: the defendant's motion for disclosure of confidential informants, filing 40, and the defendant's motion to suppress, filing 42. IT THEREFORE HEREBY IS ORDERED: The trial of this case, currently set to commence on October 31, 2005, is continued until further order of the court following resolution of outstandingmotions. Signed by Magistrate Judge David L. Piester on 10/13/2005. (JAR)
October 31, 2005
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MEMORANDUM AND ORDER regarding 42 Motion to Suppress as to Robert Popejoy (1). On or before November 10, 2005, the government shall file a brief addressing both the procedural and substantive application of Leon to defendant's filing 42 motion to suppress, including the extent to which, if any, this court should give deference to the decision of the Kansas Court of Appeals. The defendant is given until November 28, 2005 to file his response. Signed by Magistrate Judge David L. Piester on 10/31/2005. (JAR)
December 7, 2005
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ORDER regarding 42 Motion to Suppress as to Robert Popejoy (1). An evidentiary hearing on defendant Popejoy's motion to suppress evidence, filing 42, will be held before the undersigned on January 19, 2006 from 9:00 a.m. until noon and continuing thereafter as needed beginning at 2:30 p.m. The hearing will beheld in Courtroom #2, United States Courthouse and Federal Building, 100 Centennial Mall North, Lincoln, Nebraska. The trial of this case is continued until further order of the court following resolution of outstanding motions. Signed by Magistrate Judge David L. Piester on 12/7/2005. (JAR)
January 19, 2006
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REPORT AND RECOMMENDATION AND ORDER - IT HEREBY IS RECOMMENDED to the Honorable Richard G. Kopf, United States District Judge, that the motion to suppress, filing 42 be denied in all respects. FURTHER, IT HEREBY IS ORDERED, The clerk shall cause an expedited transcript of the hearing to be prepared and filed. Counsel are given ten days from the date the transcript is available to counsel for reading in the clerk's office in which to file objections to this recommendation. The parties are notified that failure to object may be held to be a waiver of the right to appeal the district judge's adoption of therecommendation as to defendant(s) Robert Popejoy. Signed by Magistrate Judge David L. Piester on 1/19/2006. (GJG, )
January 23, 2006
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ORDER granting 57 Motion to Continue Pretrial Motion Deadline as to Robert Popejoy (1). Trial of this matter is set to commence at 9:00 a.m., Wednesday, July 26, 2006, for a duration of eight trial 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 defendant is given until 30 days from this date to file pretrial motions; The court finds that this case is extended or complex and that the ends of justice will be served by granting such a motion, 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 January 23, 2006 and July 26, 2006 shall be deemed excludable time in any computation under the Speedy Trial Act. 8-day Jury Trial set for 7/26/2006 09:00 AM in Courtroom 1 (Lincoln) before Judge Richard G. Kopf. Signed by Magistrate Judge David L. Piester on 1/23/2006. (JAR)
February 1, 2006
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ORDER striking 60 Motion for Release as to Robert Popejoy (1). The defendant has requested that Document Number 60 be stricken from the record for the following reason(s): Incorrect/Incomplete PDF document attached. IT IS THEREFORE ORDERED that the defendant's oral motion is granted and the Clerk's Office shall strike Document Number 60 with Attachments 1 and 2 from the record. Signed by Magistrate Judge David L. Piester on 2/1/2006. (JAR)
February 21, 2006
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ORDER as to Robert Popejoy. It is ordered that: (1) The government's Motion for Extension of Time to File Response to Defendant's Objection to Magistrate's R&R 65 is granted; (2) The government shall file its response to the defendant's objection to the Magistrate Judge's Report and Recommendation on or before 3/3/2006; (3) The Clerk of Court shall adjust the "response due" date for 42, 56 and 63 to 3/3/2006. Signed by Judge Richard G. Kopf on 2/21/2006. (KLL, )
March 17, 2006
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ORDER as to defendant Robert Popejoy. A hearing on defendant's plan for pretrial release is set for March 22, 2006 at 10:00 a.m. before the undersigned magistrate judge in Courtroom 2, United States Courthouse and Federal Building, 100 Centennial Mall North, Lincoln, Nebraska. In Court Hearing set for 3/22/2006 10:00 AM in Courtroom 2 (Lincoln) before Magistrate Judge David L. Piester. Signed by Magistrate Judge David L. Piester on 3/17/2006. (JAR)
March 22, 2006
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MEMORANDUM AND ORDER regarding Detention Hearing held this date as to defendant Robert Popejoy. Findings made. IT THEREFORE HEREBY IS ORDERED: The defendant shall be committed to the custody of the United States Marshal for confinement in a corrections facility separate, to the extent practicable from persons awaiting or serving sentences or being held in custody pending appeal. He shall be afforded reasonable opportunity for private consultation with his counsel; and on order of a court of the United States, or on request of an attorney for the government, the person in charge of the corrections facility in which thedefendant is confined deliver the defendant to a United States Marshal for the purpose of an appearance in connection with a court proceeding. Signed by Magistrate Judge David L. Piester on 3/22/2006. (CC to USM) (JAR)
March 28, 2006
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ORDER as to Robert Popejoy. It is ordered that: (1) The Magistrate Judge's Recommendation 56 is adopted; (2) The defendant's objections to the Recommendation 63 are denied; and (3) The defendant's motion to suppress 42 is denied. Signed by Judge Richard G. Kopf on 3/28/2006. (KLL, )
July 18, 2006
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ORDER granting 78 Motion to Continue as to Robert Popejoy (1). IT IS ORDERED: 1. Trial of this matter is continued to 9:00 a.m., December 11, 2006 for a duration of ten trial 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. 2. A status conference to review trial preparations will be held October 5, 2006 at 2:30 p.m. in the chambers of the undersigned. 3. The order permitting interim payments, filing 79, is amended to allow incurring $500.00 in expenses without prior approval, in accordance with 18 U.S.C. 3006A(e)(2). 4. The Federal Public Defender for the District of Nebraska shall provide the court with a draft appointment order (CJA Form 20) for the appointment of Alan G. Stoler as co-counsel in accordance with the Criminal Justice Act Plan for this district. Jury Trial set for 12/11/2006 09:00 AM in Courtroom 1 (Lincoln) before Judge Richard G. Kopf. Status Conference set for 10/5/2006 02:30 PM in Chambers before Magistrate Judge David L. Piester. Signed by Magistrate Judge David L. Piester on 7/18/2006. (JAR)
July 21, 2006
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MEMORANDUM AND ORDER as to defendant Robert Popejoy. My order of July 18, 2006, filing80, did not address the time limitations of the Speedy Trial Act, 18 U.S.C. 3161 et seq., mentioned in the motion. I address that matter in this memorandum and order. This case is exempted from the time limitations of the Speedy Trial Act, 18 U.S.C. 3161, et seq. Signed by Magistrate Judge David L. Piester on 7/21/2006. (JAR)
August 29, 2006
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ORDER granting 84 Oral Motion to reschedule as to Robert Popejoy (1). Defendant's oral motion to reschedule the time of the status conference on October 5, 2006, is granted and time of the conference is rescheduled from 2:30 p.m. to 3:30 p.m. Ordered by Magistrate Judge David L. Piester.(JAR)
November 28, 2006
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ORDER - New counsel has entered an appearance for the defendant. IT THEREFORE HEREBY IS ORDERED: The motion of Michael T. Levy and Alan G. Stoler to withdrawas counsel for defendant, filing 89 is granted as to Robert Popejoy (1). Ordered by Magistrate Judge David L. Piester.(GJG, )
December 5, 2006
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ORDER granting 91 Motion to Continue as to Robert Popejoy (1). 1. Trial of this matter is continued to 9:00 a.m., February 5, 2007 for a duration of ten trial 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. 2. This case has previously been exempted from the time limitations of the Speedy Trial Act. Jury Trial set for 2/5/2007 09:00 AM in Courtroom 1 (Lincoln) before Judge Richard G. Kopf. Ordered by Magistrate Judge David L. Piester.(JAR)
January 3, 2007
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ORDER as to Robert Popejoy (1). The motion, filing 93 is granted and trial of this matter is continued to 9:00 a.m., April 16, 2007 for a durationof nine trial 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. This case has previously been exempted from the time limitations of the Speedy Trial Act. See filing 81. Jury Trial set for 4/16/2007 09:00 AM in Courtroom 1 (Lincoln) before Judge Richard G. Kopf. Ordered by Judge David L. Piester.(GJG, )
January 23, 2007
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ORDER as to defendant Robert Popejoy. ***Change of Plea Hearing set for 2/1/2007 11:00 AM in Courtroom 1 (Lincoln) before Judge Richard G. Kopf; XT excludable started 1/23/2007-2/1/2007; termed 4/16/2007 trial. Ordered by Judge Richard G. Kopf.(KLL, )
April 11, 2007
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TENTATIVE FINDINGS OF FACT regarding Presentence Investigation Report as to defendant Robert Popejoy. It is ordered that: (1) There are no disputed matters regarding the presentence report and the proper computation of the advisory Guidelines ranges. (2) 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, )
April 11, 2007
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ORDER denying 103 Motion to Amend as to Robert Popejoy (1). I am in receipt of a letter dated April 5, 2007, from the defendant, Robert Popejoy. IT IS ORDERED that: (1) The Clerk of Court shall file Mr. Popejoy's letter, which is attachedhereto, in the court file. (2) Treated as a motion, it is denied. Ordered by Judge Richard G. Kopf. (Copy mailed to defendant Robert Popejoy, Dawson County Corrections, 709 North Grant Street, Lexington, NE 68850.)(JAR)
April 24, 2007
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JUDGMENT as to defendant Robert Popejoy (1): Upon guilty plea to Count 1 of the Indictment, the defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a term of ninety-five (95) months, followed by five (5) years of Supervised Release with special conditions and ordered to pay a $100 Special Assessment. Ordered by Judge Richard G. Kopf. (4 Certified copies to USM)(JAR)
May 15, 2007
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MEMORANDUM AND ORDER as to defendant Robert Popejoy. IT IS ORDERED: 1. The processing of Defendant's notices of appeal (filings 111&114) shall be delayed pending Defendant's submission of the abovedescribed motion and affidavit; 2. When Defendant files the above-described affidavit, the Clerk of the United States District Court for the District of Nebraska shall immediately direct such affidavit to the chambers of the undersigned United States district judge. Ordered by Judge Richard G. Kopf.(JAR)
July 23, 2007
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ORDER granting 126 Motion for Leave to Appeal In Forma Pauperis as to Robert Popejoy (1). IT IS ORDERED that Defendant's motion to proceed in forma pauperis on appeal (filing 126) is granted. Ordered by Judge Richard G. Kopf.(JAB)
August 9, 2007
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MEMORANDUM AND ORDER striking documents 135, 136, 137, and 138 as to defendant Robert Popejoy (1). IT IS ORDERED that the Clerk of Court strike the following motions and notices: Filing 135, Notice of Appeal from Order Denying Motion for Copy of Indictment; Filing 136, Motion for Leave to Appeal In Forma Pauperis; Filing 137, Motion for Copies; and Filing 138, Motion for Leave to Proceed In Forma Pauperis. Ordered by Judge Richard G. Kopf. (Copy mailed to defendant.)(JAB)
November 19, 2008
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ORDER as to defendant Robert Popejoy. Pursuant to NECrimR 55.1(g), counsel for parties 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. Ordered by Judge Richard G. Kopf. (JAB) Modified on 11/19/2008 to reflect counsel for parties instead of just defendant. (JAB)