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05-3038 - USA v. Mercer


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05-3038 - USA v. Mercer
May 16, 2005
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ORDER as to defendant Michael John Mercer. 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 Magistrate Judge Piester on the 28th day of July, 2005, at the hour of 10:00 a.m., in Courtroom No. 2, 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).Signed by Judge Richard G. Kopf on 5/16/2005. (KLL, )
July 27, 2005
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ORDER that defendant's motion to continue, filing 12, is granted and the plea hearing is continued from July 28 to August 8, 2005 at 10:00 a.m., as to Michael John Mercer (1). Signed by Magistrate Judge David L. Piester on 7/27/2005. (CS, )
July 28, 2005
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ORDER Defendant's oral motion to reschedule the time of the plea hearing on August 8 is granted and the time of the hearing is rescheduled from 10:00 a.m. to 2:30 p.m. as to Michael John Mercer (1). Signed by Magistrate Judge David L. Piester on 7/28/2005. (GJG, )
August 8, 2005
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REPORT, RECOMMENDATION AND ORDER recommending to Judge Kopf that he accept the guilty plea and not accept the plea agreement at this time but rather that he consider the Rule 11(c)(1)(C) agreement at sentencing; if any party desires to object to this report and recommendation they shall do so no later than 10 calendar days as to defendant Michael John Mercer signed by Magistrate Judge David L. Piester on 8/8/2005. (SED)
August 11, 2005
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ORDER that the Clerk's Office shall strike document 16 from the record as to defendant Michael John Mercer signed by Magistrate Judge David L. Piester on 8/11/2005. (SED)
August 22, 2005
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ORDER as to Michael John Mercer. It is ordered that: (1) The report and recommendation 23 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 8/22/2005. (KLL, )
August 25, 2005
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ORDER denying 25 Motion for Release as to Michael John Mercer (1). Signed by Magistrate Judge David L. Piester on 8/25/2005. (CS, )
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, )
October 17, 2005
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TENTATIVE FINDINGS OF FACT regarding Presentence Investigation Report as to defendant Michael John Mercer. 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 10/17/2005. (KLL, )
November 7, 2005
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JUDGMENT as to Michael John Mercer (1) - Defendant pleaded guilty to Count I of the Indictment and is committed to the Bureau of Prisons for a term of 121 months, followed by 8 years supervised release with special conditions, and pay $100 (PAID) Special Assessment; Counts II and III are dismissed on the motion of the United States as to defendant Michael John Mercer. Defendant remanded to the custody of the U.S. Marshal. Signed by Judge Richard G. Kopf on 11/7/2005. (4 Certified Copies to USM) (CS, )
January 15, 2008
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ORDER as to defendant Michael John Mercer. 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) 42 has been set before the undersigned United States district judge on Thursday, January 17, 2008, at 11:30 a.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 his counsel, the defendant will participate in the hearing by telephone. (4) The Marshal is directed not to return the defendant to the district. (5) The defendant is held to have waived his 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 hearing set on 1/17/2008 at 11:30 AM before Judge Kopf. Ordered by Judge Richard G. Kopf. (KLL, )
January 17, 2008
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AMENDED JUDGMENT (Reduction of Sentence) as to Michael John Mercer (1)Defendant pleaded guilty to Count I of the Indictment and defendant's sentence of imprisonment is reduced from the original sentence of 121 months to a term of 96 months, followed by 8 years supervised release with special conditions as previously set forth in the original judgment and commitment order as to defendant Michael John Mercer. Counts II and III of the indictment dismissed on 11/7/05. The $100 special assessment has been paid. Ordered by Judge Richard G. Kopf. (4 Certified copies to USM)(CCB)