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05-3019 - USA v. Alkafaji et al


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05-3019 - USA v. Alkafaji et al
April 21, 2005
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ORDER - The trial of this case as to both of the defendants is continued until 9:00 a.m., August 8, 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 time between April 21, 2005 and August 8, 2005 shall be deemed excludable time in any computation of time under the requirements of the Speedy Trial Act. 18 U.S.C. sec. 3161(h)(8)(A)&(B) as to defendant(s) Khalat Jamalthaeal Alama, Teresa Marie Jones. Jury Trial set for 8/8/2005 09:00 AM in Courtroom 1 (Lincoln) before Judge Richard G. Kopf. Signed by Magistrate Judge David L. Piester on 4/21/2005. (GJG, )ORDER - The trial of this case as to both of the defendants is continued until 9:00 a.m., August 8, 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 time between April 21, 2005 and August 8, 2005 shall be deemed excludable time in any computation of time under the requirements of the Speedy Trial Act. 18 U.S.C. sec. 3161(h)(8)(A)&(B) as to defendant(s) Khalat Jamalthaeal Alama, Teresa Marie Jones. Jury Trial set for 8/8/2005 09:00 AM in Courtroom 1 (Lincoln) before Judge Richard G. Kopf. Signed by Magistrate Judge David L. Piester on 4/21/2005. (GJG, )
May 2, 2005
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ORDER- Defendant's motion filing 24 is granted in part. The request for hearing is denied as unnecessary. The request for release is granted as set out in this order as to Teresa Marie Jones (3). CERTIFIED COPY TO USM. Signed by Magistrate Judge David L. Piester on 5/2/2005. (GJG, )
May 16, 2005
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ORDER denying 25 Motion for Medical/Mental Examination as to Khalat Jamalthaeal Alama (2). Signed by Magistrate Judge David L. Piester on 5/16/2005. (GJG, )
May 16, 2005
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ORDER denying 27 Motion to Appoint different Counsel as to Teresa Marie Jones (3). Signed by Magistrate Judge David L. Piester on 5/16/2005. (GJG, )
June 9, 2005
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MEMORANDUM AND ORDER denying 33 Motion to Sever as to Teresa Marie Jones (3). Signed by Magistrate Judge David L. Piester on 6/9/2005. (GJG, )
June 13, 2005
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ORDER denying 35 Motion to Review Detention Further and for Evidentiary Hearing as to Khalat Jamalthaeal Alama (2). Signed by Magistrate Judge David L. Piester on 6/13/2005. (JAR)
July 14, 2005
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ORDER APPOINTING COUNSEL - John C. Vanderslice appointed as counsel as to defendant Satar Abd Alkafaji signed by Magistrate Judge David L. Piester on 7/14/2005. (SED)
July 14, 2005
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ORDER of Detention pending trial as to defendant Satar Abd Alkafaji signed by Magistrate Judge David L. Piester on 7/14/2005. (SED)
July 20, 2005
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ORDER granting 49 Motion to Seal as to Satar Abd Alkafaji (1). Signed by Magistrate Judge David L. Piester on 7/20/2005. (JAR)
August 5, 2005
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ORDER granting 53 Motion to Withdraw as Attorney as to Satar Abd Alkafaji (1). Assistant Federal Public Defender John C. Vanderslice and the Federal Public Defender's office shall be permitted to withdraw as counsel of record for Mr. Al-Kafaji. It is further ordered that the Federal Public Defender's office shall contact a CJA panel attorney to represent Mr. Al-Kafaji in the above captioned matter, pursuant to the Criminal Justice Act, 18 U.S.C. sec. 3006A, and shall forthwith provide this Court with a draft appointment order (CJA Form 20) bearing the name and other identifying information of the CJA Panel attorney identified in accordance with the CJA Plan for this District. The Clerk is directed to remove Mr. Vanderslice from all future ECF notifications in this case. Signed by Magistrate Judge David L. Piester on 8/5/2005. (GJG, )
August 12, 2005
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ORDER regarding 56 Motion to Suppress as to Khalat Jamalthaeal Alama (2). An evidentiary hearing on defendant Khalat Jamalthaeal Alama's motion to suppress evidence, filing 56, will be held before the undersigned on August 31, 2005 at 2:00 p.m. in Courtroom #2, United States Courthouse and Federal Building, 100Centennial Mall North, Lincoln, Nebraska. The trial of this case, as pertains to ALL defendants, is continued until further order of the court followingresolution of outstanding motions. Signed by Magistrate Judge David L. Piester on 8/12/2005. (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. Signed by Judge Richard G. Kopf on 8/31/2005. (KLL, )Order re: "reasonable doubt" standard at sentencing, and the clerk shall file this Memorandum and Order in all pending criminal cases. Signed by Judge Richard G. Kopf on 8/31/2005. (KLL, )Order re: "reasonable doubt" standard at sentencing, and the clerk shall file this Memorandum and Order in all pending criminal cases. Signed by Judge Richard G. Kopf on 8/31/2005. (KLL, )
August 31, 2005
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REPORT, RECOMMENDATION, AND ORDER to the Honorable Richard G. Kopf that the MOTION to Suppress and Request for Evidentiary Hearing56, be granted in all respects as to defendants Satar Abd Alkafaji, Khalat Jamalthaeal Alama and Teresa Marie Jones. Counsel are given ten days from the date the transcriptis available to counsel for reading in the clerk's office in which to file objections to this recommendation. Jury Trial set for 10/3/2005 09:00 AM in Courtroom 1 (Lincoln) before Judge Richard G. Kopf. Signed by Magistrate Judge David L. Piester on 8/31/2005. (JAR)REPORT, RECOMMENDATION, AND ORDER to the Honorable Richard G. Kopf that the MOTION to Suppress and Request for Evidentiary Hearing56, be granted in all respects as to defendants Satar Abd Alkafaji, Khalat Jamalthaeal Alama and Teresa Marie Jones. Counsel are given ten days from the date the transcriptis available to counsel for reading in the clerk's office in which to file objections to this recommendation. Jury Trial set for 10/3/2005 09:00 AM in Courtroom 1 (Lincoln) before Judge Richard G. Kopf. Signed by Magistrate Judge David L. Piester on 8/31/2005. (JAR)REPORT, RECOMMENDATION, AND ORDER to the Honorable Richard G. Kopf that the MOTION to Suppress and Request for Evidentiary Hearing56, be granted in all respects as to defendants Satar Abd Alkafaji, Khalat Jamalthaeal Alama and Teresa Marie Jones. Counsel are given ten days from the date the transcriptis available to counsel for reading in the clerk's office in which to file objections to this recommendation. Jury Trial set for 10/3/2005 09:00 AM in Courtroom 1 (Lincoln) before Judge Richard G. Kopf. Signed by Magistrate Judge David L. Piester on 8/31/2005. (JAR)
September 26, 2005
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ORDER as to Khalat Jamalthaeal Alama. It is ordered that: (1) The Magistrate Judge's Recommendation 65 is adopted; and (2) The defendant's motion to suppress 56 is granted. Signed by Judge Richard G. Kopf on 9/26/2005. (KLL, )ORDER as to Khalat Jamalthaeal Alama. It is ordered that: (1) The Magistrate Judge's Recommendation 65 is adopted; and (2) The defendant's motion to suppress 56 is granted. Signed by Judge Richard G. Kopf on 9/26/2005. (KLL, )ORDER as to Khalat Jamalthaeal Alama. It is ordered that: (1) The Magistrate Judge's Recommendation 65 is adopted; and (2) The defendant's motion to suppress 56 is granted. Signed by Judge Richard G. Kopf on 9/26/2005. (KLL, )
September 26, 2005
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AMENDED ORDER as to defendant Khalat Jamalthaeal Alama. Earlier today, I entered an order adopting the Magistrate Judge's recommendation that Defendant's motion to suppress be granted. 77 The second paragraph contained a reference to "denying" the motion. That reference was in error and should have stated my finding that the motion to suppress should be "granted", as stated in the order. Accordingly, I will enter this amended order, which changes one word in the earlier order (highlighted for emphasis). Signed by Judge Richard G. Kopf on 9/26/2005. (KLL, )AMENDED ORDER as to defendant Khalat Jamalthaeal Alama. Earlier today, I entered an order adopting the Magistrate Judge's recommendation that Defendant's motion to suppress be granted. 77 The second paragraph contained a reference to "denying" the motion. That reference was in error and should have stated my finding that the motion to suppress should be "granted", as stated in the order. Accordingly, I will enter this amended order, which changes one word in the earlier order (highlighted for emphasis). Signed by Judge Richard G. Kopf on 9/26/2005. (KLL, )AMENDED ORDER as to defendant Khalat Jamalthaeal Alama. Earlier today, I entered an order adopting the Magistrate Judge's recommendation that Defendant's motion to suppress be granted. 77 The second paragraph contained a reference to "denying" the motion. That reference was in error and should have stated my finding that the motion to suppress should be "granted", as stated in the order. Accordingly, I will enter this amended order, which changes one word in the earlier order (highlighted for emphasis). Signed by Judge Richard G. Kopf on 9/26/2005. (KLL, )
September 28, 2005
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ORDER granting Oral Motion as to Teresa Marie Jones (3). Setting plea hearing for 10/7/05 at 2:00 p.m. before Magistrate Judge David L. Piester signed by Magistrate Judge David L. Piester on 9/28/2005. (SED)
September 29, 2005
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ORDER - granting 75 Motion to Continue as to Satar Abd Alkafaji (1). Trial of this matter as to all defendants is continued to 9:00 a.m., November 7, 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. The time between September 28, 2005 and November 7, 2005 shall be deemed excludable time in any computation of time under the requirements of the Speedy Trial Act 18 U.S.C. section 3161(h)(8)(A)&(B). Signed by Magistrate Judge David L. Piester on 9/29/2005. (GJG, )
October 6, 2005
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ORDER granting Oral Motion as to Teresa Marie Jones (3). Change of plea hearing is continued to 10/14/05 at 3:30 p.m. before Magistrate Judge David L. Piester signed by Magistrate Judge David L. Piester on 10/6/2005. (SED)
November 2, 2005
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ORDER as to defendant Satar Abd Alkafaji. 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 6th day of December, 2005, at the hour of 4:30 p.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 12/6/2005 04:30 PM in Courtroom 1 (Lincoln) before Judge Richard G. Kopf; XT excludable started 11/2/2005-12/6/2005; termed 11/7/2005 trial date. Signed by Judge Richard G. Kopf on 11/2/2005. (KLL, )
November 3, 2005
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ORDER as to defendant Khalat Jamalthaeal Alama. It is ordered that: (1) Defendant Alama's oral motion to continue trial is granted. (2) Trial of this case as to Defendant Alama is continued to 9:00 a.m., Monday, January 30, 2006, before the undersigned United States district judge, as the number one criminal case, in Lincoln, Nebraska. Since this is a criminal case, the defendant shall be present unless excused by the court. (3) The time between today's date and the new trial date is excluded under the Speedy Trial Act and in the interest of justice. See 18 U.S.C. sec. 3161(h)(1)(I)& (h)(8)(A)(B).***Jury Trial reset to 1/30/2006 09:00 AM in Courtroom 1 (Lincoln) before Judge Richard G. Kopf; XT excludable started 11/3/2005-1/30/2006; termed 11/7/2005 trial date. Signed by Judge Richard G. Kopf on 11/3/2005. (KLL, )
December 6, 2005
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ORDER as to Teresa Marie Jones. It is ordered that the defendant's motion for mental evaluation 97 is granted. The cost of the psychiatric evaluation shall not exceed $1,500. Signed by Judge Richard G. Kopf on 12/6/2005. (KLL, )
December 9, 2005
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ORDER as to Teresa Marie Jones. It is ordered that the defendant's motion to continue sentencing 105 is granted. ***Sentencing reset to 2/17/2006 12:00 PM in Courtroom 1 (Lincoln) before Judge Richard G. Kopf. Signed by Judge Richard G. Kopf on 12/9/2005. (KLL, )
December 20, 2005
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TENTATIVE FINDINGS OF FACT regarding Revised Presentence Investigation Report as to defendant Teresa Marie Jones. It is ordered that: (1) The defendant's motion for departure 104 regarding criminal history 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 12/20/2005. (KLL, )
January 18, 2006
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ORDER - The defendant's motion to seal 114 her motion for departure is granted as to Teresa Marie Jones (3). Signed by Judge Richard G. Kopf on 1/18/2006. (GJG, )
January 24, 2006
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ORDER as to defendant Satar Abd Alkafaji. On court's own motion, ***Sentencing reset to 2/24/2006 12:00 PM in Courtroom 1 (Lincoln) before Judge Richard G. Kopf. Signed by Judge Richard G. Kopf on 1/24/2006. (KLL, )
February 6, 2006
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MEMORANDUM AND ORDER as to defendant Khalat Jamalthaeal Alama. Because the jury was unable to reach a verdict in this case, I declared a mistrial on February 6, 2006. After consultation with counsel, IT IS ORDERED that the retrial of this case, as the number one case, will commence on Monday, April 10, 2006, in Courtroom No. 1, Lincoln, Nebraska. Trial is expected to take four days. Counsel should be in my chambers at 9:30 A.M. Judge Piester is requested not to set any cases for trial before this one. The Clerk's office shall provide Judge Piester with a copy of this memorandum and order. Signed by Judge Richard G. Kopf on 2/6/2006. (Copy to Judge Piester) (JAR)
February 13, 2006
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TENTATIVE FINDINGS OF FACT regarding Revised Presentence Investigation Report as to defendant Satar Abd Alkafaji. 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 2/13/2006. (KLL, )
February 13, 2006
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ORDER as to Teresa Marie Jones. It is ordered that: (1) The defendant's unopposed motion to continue sentencing date 141 is granted; (2) Defendant Jones' sentencing is continued to Friday, April 14, 2006, at 12:30 p.m., before the undersigned United States District Judge, in Courtroom No. 1, Robert V. Denney Federal Building and United States Courthouse, Lincoln, Nebraska. Since this is a criminal case, the defendant shall be present unless excused by the court. *** Sentencing set for 4/14/2006 12:30 PM in Courtroom 1 (Lincoln) before Judge Richard G. Kopf Signed by Judge Richard G. Kopf on 2/13/2006. (KLL, )
February 14, 2006
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ORDER as to defendant Satar Abd Alkafaji. It is ordered that: (1) The defendant's unopposed motion to continue sentencing 142 is granted; (2) Defendant Alkafaji's sentencing is continued to Friday, April 14, 2006, at 1:00 p.m., before the undersigned United States District Judge, in Courtroom No. 1, Robert V. Denney Federal Building and United States Courthouse, Lincoln, Nebraska. Since this is a criminal case, the defendant shall be present unless excused by the court.***Sentencing reset to 4/14/2006 01:00 PM in Courtroom 1 (Lincoln) before Judge Richard G. Kopf. Signed by Judge Richard G. Kopf on 2/14/2006. (KLL, )
March 3, 2006
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ORDER granting 152 Motion to Modify Conditions of Release as to Teresa Marie Jones (3). The clerk is directed to remove filing number 152 from the public docket sheet and file it as a sealed pleading pursuant to the E-Government Act. Signed by Magistrate Judge David L. Piester on 3/3/2006. (GJG, )
April 14, 2006
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ORDER granting 165 Motion to Continue Sentencing as to Satar Abd Alkafaji (1). Sentencing is continued to Wednesday, May 31, 2006, at 12:00 noon, before the undersigned United States District Judge, in Courtroom No. 1, United States Courthouse and Federal Building, 100 Centennial Mall North, Lincoln, Nebraska. Since this is a criminal case, the defendant shall be present unless excused by the court. Sentencing set for 5/31/2006 12:00 PM in Courtroom 1 (Lincoln) before Judge Richard G. Kopf. Signed by Judge Richard G. Kopf on 4/14/2006. (JAR)
April 17, 2006
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JUDGMENT as to Teresa Marie Jones (3), 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 twenty-four(24) months; five (5) years of Supervised Release with Special Conditions; $100 Special Assessment as to defendant(s) Teresa Marie Jones. Signed by Judge Richard G. Kopf on 4/17/2006. 4 CERTIFIED COPIES TO USM. (GJG, )
April 27, 2006
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ORDER granting 184 Motion to Withdraw as Attorney filed by Michael C. Gooch as to Khalat Jamalthaeal Alama (2). Signed by Magistrate Judge David L. Piester on 4/27/2006. (GJG, )
May 18, 2006
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MEMORANDUM AND ORDER - The Clerk of Court shall file the attached letter (filing 189. Treated as a motion, it is denied. The Clerk of the Court shall send copies of this memorandum and order to the lawyers and to the defendant at his last known address as to Khalat Jamalthaeal Alama (2). Signed by Judge Richard G. Kopf on 5/18/2006. (GJG, )
June 1, 2006
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JUDGMENT as to Satar Abd Alkafaji (1), The Defendant pleaded guilty to Count I of the indictment and is committed to the custody Bureau of Prisons for 87 months; 5 years supervised release with special conditions; and pay $100 Special Assessment. Defendant shall surrender for service of sentence at the institution designated by BOP no earlier than 90 days from today's date. Signed by Judge Richard G. Kopf on 6/1/2006. 4 certified copies to USM. (CCB)
July 5, 2006
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TENTATIVE FINDINGS OF FACT regarding Presentence Investigation Report and Addendum as to defendant Khalat Jamalthaeal Alama. It is ordered that: (1) The defendant's objection to obstruction of justice and overstatement of criminal history, as set forth in the addendum to the presentence investigation report, will be resolved at sentencing. (2) Except to the extent (if at all) that I have 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.Signed by Judge Richard G. Kopf on 7/5/2006. (KLL, )
July 28, 2006
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JUDGMENT as to defendant Khalat Jamalthaeal Alama (2). Upon finding of guilt by jury, 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 one hundred eighty-eight (188) months, followed by five (5) years of Supervised Release with special conditions, and ordered to pay a $100 Special Assessment. Signed by Judge Richard G. Kopf on 7/28/2006. (4 CC to USM) (JAR)
September 6, 2006
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ORDER as to defendant Satar Abd Alkafaji. It is ordered that the ***Rule 35(b) Motion Hearing is set for 9/12/2006 11:30 AM in Courtroom 1 (Lincoln) before Judge Richard G. Kopf. The defendant may be absent from the hearing. ETC. Ordered by Judge Richard G. Kopf.(KLL, )
September 12, 2006
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AMENDED JUDGMENT (Reduction of Sentence) as to Satar Abd Alkafaji (1). Defendant pleaded guilty to Count I of the indictment and committed to the custody Bureau of Prisons for twenty-four (24) months; 5 years supervised release with special conditions; $100 Special Assessment as to defendant(s) Satar Abd Alkafaji. Ordered by Judge Richard G. Kopf. 4 Certified Copies to USM(GJG, )
October 2, 2006
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MEMORANDUM AND ORDER granting 227 Motion for Release of Bond Obligation as to Satar Abd Alkafaji (1). The Clerk of Court shall refund and return the $1,500 cash bond deposit to Jabbar Al-Kafaji. Ordered by Judge Richard G. Kopf. Copy to Financial. (GJG, )
January 9, 2008
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ORDER granting 235 Request for Transcript (Non-Party) as to Khalat Jamalthaeal Alama (2). The clerk's office is directed to mail a copy of this order to the party requesting the transcript. The Clerk of Court or the court reporter may require prepayment of any fee. Ordered by Judge Richard G. Kopf. (Copy mailed to pro se party)(JAB)ORDER granting 235 Request for Transcript (Non-Party) as to Khalat Jamalthaeal Alama (2). The clerk's office is directed to mail a copy of this order to the party requesting the transcript. The Clerk of Court or the court reporter may require prepayment of any fee. Ordered by Judge Richard G. Kopf. (Copy mailed to pro se party)(JAB)ORDER granting 235 Request for Transcript (Non-Party) as to Khalat Jamalthaeal Alama (2). The clerk's office is directed to mail a copy of this order to the party requesting the transcript. The Clerk of Court or the court reporter may require prepayment of any fee. Ordered by Judge Richard G. Kopf. (Copy mailed to pro se party)(JAB)
June 6, 2008
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MEMORANDUM AND ORDER regarding motions as to defendant Khalat Jamalthaeal Alama (2). The ยง 2255 motion (filing 242) is denied; The motions to proceed in forma pauperis (filing 243) and for the appointment of counsel (filing 245) are also denied, and Judgment shall be entered by separate document. Ordered by Judge Richard G. Kopf. (Copy mailed to pro se party)(LKL) Civil Case 4:08-cv-03095-RGK closed.
June 6, 2008
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JUDGMENT as to Khalat Jamalthaeal Alama (2) regarding Memorandum and Order 246. IT IS ORDERED that judgment is entered for the United States of America and against Khalat Jamalthael Alama providing that he shall take nothing and his motion pursuant to section 2255 is dismissed with prejudice. Ordered by Judge Richard G. Kopf. (Copy mailed to Pro Se Party)(LKL)
June 19, 2008
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ORDER denying 248 motion to amend judgment, as to Khalat Jamalthaeal Alama. Ordered by Judge Richard G. Kopf. ( KLL, )
July 29, 2008
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MEMORANDUM AND ORDER as to defendant Khalat Jamalthaeal Alama (2). 1. A certificate of appealability will not issue in this case, and the motion in filing 252 is denied; 2. The motion in filing 253 is granted and the defendant may proceed in forma pauperis on appeal. 3. The clerk of the court shall transmit a copy of this memorandum and order to the United States Court of Appeals for the Eighth Circuit. Ordered by Judge Richard G. Kopf. (Copy mailed to pro se party)(JAB)