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05-3031 - USA v. Grajeda et al


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05-3031 - USA v. Grajeda et al
April 22, 2005
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ORDER granting 21 Motion to Extend as to Amalia Grajeda (1). Defendant's unopposed motion to extend deadline, filing 21, is granted and the deadline for filing pretrial motions is extended to May 27, 2005. Signed by Magistrate Judge David L. Piester on 4/22/2005. (JAR)
April 25, 2005
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ORDER granting 22 Motion to Extend as to Maria De Los Anjeles Mendez (2). The deadline for defendant Maria De Los Anjeles Mendez to file pretrial motions is extended to May 27, 2005. Signed by Magistrate Judge David L. Piester on 4/25/2005. (JAR)
June 1, 2005
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ORDER regarding 26 Motion to Suppress as to Amalia Grajeda (1) and regarding 27 Motion to Suppress as to Maria De Los Anjeles Mendez (2). An evidentiary hearing on defendants' motions to suppress evidence, will be held before the undersigned on June 14, 2005 at 1:15 p.m. in Courtroom #2, United States Courthouse and Federal Building, 100 Centennial Mall North, Lincoln, Nebraska. The hearing is scheduled for a duration of three hours. In the event counsel believe additional time is or may be necessary, they should contact my courtroom deputy as soon as practicable. 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 6/1/2005. (JAR, )ORDER regarding 26 Motion to Suppress as to Amalia Grajeda (1) and regarding 27 Motion to Suppress as to Maria De Los Anjeles Mendez (2). An evidentiary hearing on defendants' motions to suppress evidence, will be held before the undersigned on June 14, 2005 at 1:15 p.m. in Courtroom #2, United States Courthouse and Federal Building, 100 Centennial Mall North, Lincoln, Nebraska. The hearing is scheduled for a duration of three hours. In the event counsel believe additional time is or may be necessary, they should contact my courtroom deputy as soon as practicable. 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 6/1/2005. (JAR, )
June 7, 2005
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ORDER granting 30 Motion to Continue as to Amalia Grajeda (1). Defendant Amalia Grajeda's unopposed motion to continue the suppression hearing, filing 30, is granted. The evidentiary hearing on defendants' motions to suppress evidence, filings 26 and 27, will be held before the undersigned on June 28, 2005 at1:30 p.m. Signed by Magistrate Judge David L. Piester on 6/7/2005. (JAR)
June 27, 2005
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ORDER regarding MOTION to Suppress Evidence and Statements27, MOTION to Suppress Evidence and Statements and Brief in Support thereof26 as to defendants Amalia Grajeda and Maria De Los Anjeles Mendez. The evidentiary hearing on defendants' motions to suppress evidence, filings 26 and 27, is continued to July 19, 2005 at 1:00 p.m. Evidentiary Hearing set for 7/19/2005 01:00 PM in Courtroom 2 (Lincoln) before Magistrate Judge David L. Piester. Signed by Magistrate Judge David L. Piester on 6/27/2005. (JAR)ORDER regarding MOTION to Suppress Evidence and Statements27, MOTION to Suppress Evidence and Statements and Brief in Support thereof26 as to defendants Amalia Grajeda and Maria De Los Anjeles Mendez. The evidentiary hearing on defendants' motions to suppress evidence, filings 26 and 27, is continued to July 19, 2005 at 1:00 p.m. Evidentiary Hearing set for 7/19/2005 01:00 PM in Courtroom 2 (Lincoln) before Magistrate Judge David L. Piester. Signed by Magistrate Judge David L. Piester on 6/27/2005. (JAR)
July 14, 2005
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ORDER granting 34 Motion to Continue as to Amalia Grajeda (1) and Maria De Los Anjeles Mendez (2). Plaintiff's unopposed motion to continue suppression hearing, filing 34, is granted and the suppression hearing is continued from July 19 to August 16, 2005 at 1:00 p.m. Signed by Magistrate Judge David L. Piester on 7/14/2005. (JAR)ORDER granting 34 Motion to Continue as to Amalia Grajeda (1) and Maria De Los Anjeles Mendez (2). Plaintiff's unopposed motion to continue suppression hearing, filing 34, is granted and the suppression hearing is continued from July 19 to August 16, 2005 at 1:00 p.m. Signed by Magistrate Judge David L. Piester on 7/14/2005. (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, )
September 22, 2005
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ORDER regarding Order on Motion to Continue, 35 as to defendant Amalia Grajeda and Maria De Los Anjeles Mendez. The suppression hearing that was set for August 16 is continued to September 23, 2005 at 1:00 p.m. before the undersigned magistrate judge in Courtroom 2, United States Courthouse and Federal Building, 100 Centennial Mall North, Lincoln, Nebraska. Motion Hearing set for 9/23/2005 01:00 PM in Courtroom 2 (Lincoln) before Magistrate Judge David L. Piester. Signed by Magistrate Judge David L. Piester on 9/22/2005. (JAR)ORDER regarding Order on Motion to Continue, 35 as to defendant Amalia Grajeda and Maria De Los Anjeles Mendez. The suppression hearing that was set for August 16 is continued to September 23, 2005 at 1:00 p.m. before the undersigned magistrate judge in Courtroom 2, United States Courthouse and Federal Building, 100 Centennial Mall North, Lincoln, Nebraska. Motion Hearing set for 9/23/2005 01:00 PM in Courtroom 2 (Lincoln) before Magistrate Judge David L. Piester. Signed by Magistrate Judge David L. Piester on 9/22/2005. (JAR)
October 13, 2005
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ORDER granting 42 Motion to Extend as to Amalia Grajeda (1). Defendant's unopposed motion to extend the deadline for filing a post-hearing brief, filing 42, is granted. Signed by Magistrate Judge David L. Piester on 10/13/2005. (JAR)
November 2, 2005
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REPORT, RECOMMENDATION AND ORDER to the Honorable Richard G. Kopf, United States District Judge, pursuant to 28 U.S.C. 636(b)(1)(B), that the defendants' motions to suppress, filings 26 and 27, be denied in all respects as to defendant Amalia Grajeda and Maria De Los Anjeles Mendez. 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 judge's adoption of this recommendation. Trial is set for 9:00 a.m. on December 19, 2005 for a duration of three trial days before the Honorable Richard G. Kopf. Signed by Magistrate Judge David L. Piester on 11/2/2005. (JAR)REPORT, RECOMMENDATION AND ORDER to the Honorable Richard G. Kopf, United States District Judge, pursuant to 28 U.S.C. 636(b)(1)(B), that the defendants' motions to suppress, filings 26 and 27, be denied in all respects as to defendant Amalia Grajeda and Maria De Los Anjeles Mendez. 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 judge's adoption of this recommendation. Trial is set for 9:00 a.m. on December 19, 2005 for a duration of three trial days before the Honorable Richard G. Kopf. Signed by Magistrate Judge David L. Piester on 11/2/2005. (JAR)
November 15, 2005
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MEMORANDUM AND ORDER granting 48 Motion to Extend Deadline as to Amalia Grajeda (1). Defendant's objection to the Magistrate Judge's Report and Recommendation shall be filed on or before December 9, 2005. Because trial is set for Monday, December 19, 2005, the United States shall file any response to the defendant's objection to the Report and Recommendation on or before December 13, 2005. Signed by Judge Richard G. Kopf on 11/15/2005. (JAR)
December 13, 2005
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MEMORANDUM AND ORDER as to Amalia Grajeda and Maria De Los Anjeles Mendez. It is ordered that the report and recommendation 46 is adopted. The objection 50 is denied. The motions 26 27 to suppress are denied. Signed by Judge Richard G. Kopf on 12/13/2005. (KLL, )MEMORANDUM AND ORDER as to Amalia Grajeda and Maria De Los Anjeles Mendez. It is ordered that the report and recommendation 46 is adopted. The objection 50 is denied. The motions 26 27 to suppress are denied. Signed by Judge Richard G. Kopf on 12/13/2005. (KLL, )
December 14, 2005
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ORDER as to defendants Amalia Grajeda and Maria De Los Anjeles Mendez. ***Jury Trial set for 1/23/2006 09:00 AM in Courtroom 1 (Lincoln) before Judge Richard G. Kopf; XT excludable started 12/14/2005-1/23/2006; termed 12/19/2005 trial date. Signed by Judge Richard G. Kopf on 12/14/2005. (KLL, )ORDER as to defendants Amalia Grajeda and Maria De Los Anjeles Mendez. ***Jury Trial set for 1/23/2006 09:00 AM in Courtroom 1 (Lincoln) before Judge Richard G. Kopf; XT excludable started 12/14/2005-1/23/2006; termed 12/19/2005 trial date. Signed by Judge Richard G. Kopf on 12/14/2005. (KLL, )
January 13, 2006
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ORDER granting in part56 Motion to Continue as to Amalia Grajeda (1); granting in part55 Motion to Continue as to Maria De Los Anjeles Mendez (2). Defendants' motions to continue are granted in part and trial is continued to 9:00 a.m., March 20, 2006 before the Honorable Richard G. Kopf in Courtroom 1, UnitedStates 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 motions, and outweigh the interests of the public and the defendants in a speedy trial, and the additional time arising as a result of the granting of the motions, the time between January 13, 2006 and March 20, 2006 shall be deemed excludable time in any computation of time under the requirements of the Speedy Trial Act. Jury Trial set for 3/6/2006 09:00 AM in Courtroom 1 (Lincoln) before Judge Richard G. Kopf. Signed by Magistrate Judge David L. Piester on 1/13/2006. (JAR)ORDER granting in part56 Motion to Continue as to Amalia Grajeda (1); granting in part55 Motion to Continue as to Maria De Los Anjeles Mendez (2). Defendants' motions to continue are granted in part and trial is continued to 9:00 a.m., March 20, 2006 before the Honorable Richard G. Kopf in Courtroom 1, UnitedStates 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 motions, and outweigh the interests of the public and the defendants in a speedy trial, and the additional time arising as a result of the granting of the motions, the time between January 13, 2006 and March 20, 2006 shall be deemed excludable time in any computation of time under the requirements of the Speedy Trial Act. Jury Trial set for 3/6/2006 09:00 AM in Courtroom 1 (Lincoln) before Judge Richard G. Kopf. Signed by Magistrate Judge David L. Piester on 1/13/2006. (JAR)
March 9, 2006
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ORDER as to defendant Amalia Grajeda.***Change of Plea Hearing set for 6/2/2006 10:00 AM in Courtroom 2 (Lincoln) before Magistrate Judge David L. Piester; XT excludable started 3/9/2006-6/2/2006; termed 3/20/2006 trial date. Signed by Judge Richard G. Kopf on 3/9/2006. (KLL, )
March 10, 2006
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ORDER granting 58 Motion to Withdraw as Attorney as to Maria De Los Anjeles Mendez (2). An entry of appearance for defendant has been filed by attorney Robert B. Creager. IT THEREFORE HEREBY IS ORDERED, The motion of James H. Hoppe to withdraw, filing 58, is granted. Signed by Magistrate Judge David L. Piester on 3/10/2006. (JAR)
March 16, 2006
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ORDER as to defendant Maria De Los Anjeles Mendez. It is ordered that: (1) The defendant's motion to continue trial 62 is granted; (2) Trial of this case as to Defendant Mendez is continued to 9:00 a.m., Monday, May 15, 2006, before the undersigned United States district judge, 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 5/15/2006 09:00 AM in Courtroom 1 (Lincoln) before Judge Richard G. Kopf; XT excludable started 3/16/2006-5/15/2006; termed 3/20/2006 trial date. Signed by Judge Richard G. Kopf on 3/16/2006. (KLL, )
May 9, 2006
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ORDER as to defendant Maria De Los Anjeles Mendez. ***Jury Trial continued to 5/22/2006 09:00 AM as number two criminal case on trial docket, in Courtroom 1 (Lincoln) before Judge Richard G. Kopf. XT excludable started 5/9/2006 - 5/22/2006; termed 5/15/2006 trial date. Signed by Judge Richard G. Kopf on 5/9/2006. (KLL, )
May 12, 2006
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ORDER as to defendant Maria De Los Anjeles Mendez. On the joint oral motion of the parties, it is ordered that a status hearing before the undersigned United States district judge is set for Monday, May 15, 2006, at 1:30 p.m., in Courtroom No. 1, Robert V. Denney Federal Building and United States Courthouse, in Lincoln, Nebraska. Since this is a criminal case, the defendant shall be present unless excused by the court. Counsel for the government, counsel for the defendant, and the defendant shall be present at the hearing.Signed by Judge Richard G. Kopf on 5/12/2006. (KLL, )
May 31, 2006
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ORDER signed by Magistrate Judge David L. Piester on 5/31/2006granting 69 defendant's unopposed Oral Motion as to Amalia Grajeda (1); the change of plea hearing is continued from June 2 to June 23, 2006, at 1:30 p.m.; time between today's date and the anticipated plea of guilty is excluded under the Speedy Trial Act; defendant shall appear at the hearing. (BMH)
August 31, 2006
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ORDER as to defendant Amalia Grajeda. It is ordered that: (1) The defendant's unopposed motion to continue sentencing 82 is granted; (2) ***Sentencing reset to 11/16/2006 12:30 PM in Courtroom 1 (Lincoln) before Judge Richard G. Kopf. Ordered by Judge Richard G. Kopf.(KLL, )
August 31, 2006
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TENTATIVE FINDINGS OF FACT regarding Revised Presentence Investigation Report as to defendant Amalia Grajeda. 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 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, )
November 17, 2006
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JUDGMENT as to Amalia Grajeda. The 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 eighty-seven (87) months; five (5) years of Supervised Release with Special Conditions; $100 (PAID) Special Assessment as to defendant(s) Amalia Grajeda. Ordered by Judge Richard G. Kopf. 4 CERTIFIED COPIES TO USM.(GJG, )
November 29, 2006
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MEMORANDUM AND ORDER as to defendant Amalia Grajeda. IT IS ORDERED: 1. Defendant's motion for leave to appeal in forma pauperis (filing 95) is held in abeyance pending Defendant's submission of the above-described affidavit;and 2. When Defendant files the above-described affidavit, the Clerk of theUnited 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)
December 7, 2006
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MEMORANDUM AND ORDER regarding Affidavit97 as to defendant Amalia Grajeda. IT IS ORDERED: 1. Defendant's motion for leave to appeal in forma pauperis (filing 95) is held in abeyance pending Defendant's submission of the above-described affidavit; and 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)
December 13, 2006
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ORDER granting 95 Motion for Leave to Appeal In Forma Pauperis as to defendant Amalia Grajeda (1). The Clerk of the United States District Court for the District of Nebraskashall process Defendant's appeal. Ordered by Judge Richard G. Kopf.(JAR)
January 31, 2007
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ORDER granting 106 Motion to File Under Seal as to Amalia Grajeda (1), Defendant's motion, filing 106, to file motion under seal is granted, and the motion for appointment of counsel and any further pleadings and/or orders regarding the same issue shall be filed under seal. Ordered by Magistrate Judge David L. Piester.(JAR)
November 27, 2007
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ORDER as to defendant Amalia Grajeda. It is ordered that: (1) The government's request for hearing is granted. (2) A hearing on the government's motion for reduction of sentence pursuant to Rule 35(b) 120 has been set before the undersigned United States district judge at 1:00 p.m. on Thursday, January 31, 2008, in Courtroom No. 1, United States Courthouse and Federal Building, 100 Centennial Mall North, Lincoln, Nebraska. (3) At the request of the defendant through her counsel, and with the agreement of the government, the defendant may be absent from the hearing on the Rule 35 motion. (4) The Marshal is directed not to return the defendant to the district. (5) The defendant is held to have waived her right to be present. (6) 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. (7) The Federal Public Defender shall provide CJA counsel with a new voucher. (8) 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 Motion Hearing set for 1/31/2008 01:00 PM in Courtroom 1 (Lincoln) before Judge Richard G. Kopf. Ordered by Judge Richard G. Kopf. (KLL, )
January 30, 2008
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ORDER as to defendant Amalia Grajeda. It is ordered that: (1) The defendant's motions to continue 122 124 are granted. (2) The hearing on the government's motion for reduction of sentence pursuant to Rule 35(b) 120 has been reset before the undersigned United States district judge to Friday, March 21, 2008, at 12:30 p.m., in Courtroom No. 1, United States Courthouse and Federal Building, 100 Centennial Mall North, Lincoln, Nebraska. (3) At the request of the defendant through her counsel, and with the agreement of the government, the defendant may be absent from the hearing on the Rule 35 motion.(4) The Marshal is directed not to return the defendant to the district.(5) The defendant is held to have waived her right to be present. Ordered by Judge Richard G. Kopf. (KLL, )
March 21, 2008
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AMENDED JUDGMENT (Reduction of Sentence) as to Amalia Grajeda (1). Defendant plead guilty to Count I of the Indictment and defendant's sentence of imprisonment is reduced from the original sentence to a term of 48 months; five (5) years of Supervised Release with Special Conditions, $100 (PAID) Special Assessment as to defendant Amalia Grajeda. Ordered by Judge Richard G. Kopf. (4 Certified copies to USM) (CCB)