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05-3049 - USA v. Lanzendorf


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05-3049 - USA v. Lanzendorf
April 27, 2005
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ORDER granting 4 Motion for Writ of Habeas Corpus Ad Prosequendum as to Paul M. Lanzendorf (1) Signed by Magistrate Judge David L. Piester on 4/27/2005. (GJG, )
May 3, 2005
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ORDER APPOINTING COUNSEL - Julie A. Frank for Paul M. Lanzendorf appointed as counsel as to defendant Paul M. Lanzendorf signed by Magistrate Judge David L. Piester on 5/3/2005. (SED)
May 3, 2005
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ORDER of Detention pending trial as to defendant Paul M. Lanzendorf signed by Magistrate Judge David L. Piester on 5/3/2005. (SED)
June 21, 2005
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ORDER denying Defendant's 17 Motion to Continue trial as to Paul M. Lanzendorf (1). Signed by Magistrate Judge David L. Piester on 6/21/2005. (CS, )
July 5, 2005
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ORDER granting in part and denying in part the joint 19 Motion of the parties to continue trial as to Paul M. Lanzendorf (1). Trial of this matter is continued to 9:00 a.m., August 15, 2005, for a duration of four 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 the commencement of trial. 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 June 28, 2005 and August 15, 2005 shall be deemed excludable time in any computation of the time under the requirements of the Speedy Trial Act, for the reason that the parties require additional time to adequately prepare the case, taking into consideration due diligence of counsel, the novelty and complexity of the case, and the fact that the failure to grant additional time might result in a miscarriage of justice. 18 U.S.C. Section 3161(h)(1)(I)&(h)(8)(A)(B). Signed by Magistrate Judge David L. Piester on 7/5/2005. (CS, )
August 1, 2005
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ORDER as to defendant Paul M. Lanzendorf. 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 6th day of October, 2005, at the hour of 10:30 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).***Change of Plea Hearing set for 10/6/2005 10:30 AM in Courtroom 2 (Lincoln) before Magistrate Judge David L. Piester; XT excludable started 8/1/2005-10/6/2005; termed 8/15/2005 trial date. Signed by Judge Richard G. Kopf on 8/1/2005. (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. Signed by Judge Richard G. Kopf on 8/31/2005. (KLL, )
October 5, 2005
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ORDER granting 27 Motion to Continue Plea Hearing as to Paul M. Lanzendorf (1). Plaintiff's motion to continue, filing 27, is granted and the change of plea hearing is continued to October 31, 2005 at 10:30 a.m. before the undersigned magistrate judge in Courtroom 2, United States Courthouse and Federal Building, 100 Centennial Mall North, Lincoln, Nebraska. 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. Signed by Magistrate Judge David L. Piester on 10/5/2005. (JAR)
January 6, 2006
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TENTATIVE FINDINGS OF FACT regarding Presentence Investigation Report and Addendum as to defendant Paul M. Lanzendorf. It is ordered that: (1) The objection of the defendant (40(incorporating an objection in the addendum, see pages 22 and 23 of PSR)) and the objection of the government 39 as to drug quantity is sustained. The most readily provable drug quantity (between 5 and 15 kilos) places the defendant at a base offense level of 36. (2) The government's objection 39 that the defendant is a career offender and that his adjusted offense level should be 37 is sustained. (3) The defendant's remaining objection (40 (incorporating an objection in the addendum, see pages 23-24 of PSR)) regarding a statement in the prosecution version of the offense is denied.(4) The parties are herewith notified that my tentative findings are that the presentence report is otherwise sustained. ETC.Signed by Judge Richard G. Kopf on 1/6/2006. (KLL, )
February 1, 2006
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JUDGMENT signed by District Judge Richard G. Kopf on 2/1/2006 as to Paul M. Lanzendorf (1); Upon a plea guilty to Count I of the Superseding Indictment, defendant is sentenced to the custody of the Bureau of Prisons for a term of 262 months; this sentence shall run concurrent to the undischarged term of imprisonment for possession of a controlled substance in the Hamilton County District Court of Nebraska, Case No. 04-75; 5 years of supervised release with special conditions; and $100 special assessment; Criminal Case Terminated (4 certified copies forwarded to U.S. Marshal). (BMH)
August 31, 2006
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ORDER as to Paul M. Lanzendorf. It is ordered that: (1) The motion for correction of sentence and for reappointment of counsel 50 is granted. The stipulation of the parties 52 is approved. (2) Pursuant to Federal Rule of Criminal Procedure 36, the Clerk of Court shall prepare and submit to me an amended judgment and committal order consistent with the stipulation of the parties. (3) The Federal Public Defender's office shall provide Julie Frank with the appropriate voucher. (Provided Karen Burks of FPD Office and courtroom deputy with copy of order.) Ordered by Judge Richard G. Kopf.(KLL, )
September 1, 2006
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AMENDED JUDGMENT for Correction of Sentence for Clerical Mistake (Fed.R.Crim.P.36) - Upon a plea guilty to Count I of the Superseding Indictment, defendant is sentenced to the custody of the Bureau of Prisons for a term of 247 months; this sentence shall run concurrent to the undischarged term of imprisonment for possession of a controlled substance in the Hamilton County District Court of Nebraska, Case No. 04-75 as of 01/26/2006; 5 years of supervised release with special conditions; and $100 special assessment. as to defendant Paul M. Lanzendorf. Ordered by Judge Richard G. Kopf. (4 Certified Copies to USM)(CS, )
February 20, 2007
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ORDER as to defendant Paul M. Lanzendorf. It is ordered that: (1) Counsel for the government shall notify the court when the motion for reduction in sentence pursuant to Rule 35(b) 56 is ripe for decision. The motion shall not be decided until counsel for the government certifies that the motion is ripe;(2) 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; (3) The Federal Public Defender shall provide CJA counsel with a new voucher; (4) 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. Ordered by Judge Richard G. Kopf.(KLL, )
March 25, 2008
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ORDER as to defendant Paul M. Lanzendorf. ***Rule 35(b) Motion Hearing set for 4/3/2008 11:30 AM in Courtroom 1 - Lincoln before Judge Richard G. Kopf. The defendant will participate by telephone. Ordered by Judge Richard G. Kopf. (KLL, )
April 4, 2008
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SECOND AMENDED JUDGMENT as to defendant Paul M. Lanzendorf (1). Government's motion (filing 56) for reduction of sentence pursuant to Rule 35(b) is granted. The defendants sentence of imprisonment is reduced from the original sentence to a term of one hundred sixty-four (164) months; 5 years of supervised release with special conditions; and $100 special assessment (Paid). Ordered by Judge Richard G. Kopf. (4 Certified copies to USM)(JAB)
October 1, 2014
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ORDER - IT IS ORDERED that the Second Amended Judgment (filing no. 62) should be interpreted to require that the defendant's federal sentence run concurrently with the Hamilton County, Nebraska sentence as previously indicated in the Judgments that preceded the Second Amended Judgment. My chambers shall fax a copy of this order to the person at the BOP who made the request for clarification as to defendant Paul M. Lanzendorf. Ordered by Senior Judge Richard G. Kopf. (TCL)
July 1, 2015
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ORDER that a sentence reduction under Amendment 782 66 is denied as to Paul M. Lanzendorf. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to defendant)(SLP)
June 8, 2016
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ORDER that 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 Paul M. Lanzendorf. Ordered by Senior Judge Richard G. Kopf. (KLF)
June 15, 2016
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ORDER - The Clerk shall file Mr. Lanzendorf's correspondence as a motion for appointment of counsel. Treating the defendant's letter as a motion, it is denied as moot. Counsel has been appointed pursuant to filing no. 72 and this matter has been held in abeyance pursuant to filing no. 73. The Clerk shall mail to Mr. Lanzendorf copies of filing nos. 72 and 73. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to defendant along with filings 72 and 73) (KLF) Modified on 6/15/2016 to correct text (KLF).
March 23, 2017
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ORDER - that the defendant's motion to dismiss (filing no. 77) is granted and the defendant's motion to vacate under 28 U.S.C. § 2255 (filing no. 71) is dismissed without prejudice as to Paul M. Lanzendorf. Ordered by Senior Judge Richard G. Kopf. (KLF)