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05-3062 - USA v. Simpson


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05-3062 - USA v. Simpson
June 15, 2005
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ORDER granting Defendant's 13 Motion to Continue as to Mark Andrew Simpson (1). The deadline for defendant to file pretrial motions is extended toJuly 1, 2005. Signed by Magistrate Judge David L. Piester on 6/15/2005. (CS, )
July 1, 2005
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ORDER regarding 15 Motion to Suppress as to Mark Andrew Simpson (1). An evidentiary hearing on defendant's motion to suppress, filing 15 will be held before the undersigned on July 19, 2005 in Courtroom #2, United States courthouse, Lincoln, Nebraska. The defendant has requested three hours for thishearing. Based on the court's schedule, the hearing is currently set for 9:30 a.m. to 12:30 p.m. The trial of this case is continued until further orderof the court following resolution of outstanding motions. Signed by Magistrate Judge David L. Piester on 7/1/2005. (GJG, )
August 30, 2005
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REPORT, RECOMMENDATION AND ORDER - IT THEREFORE HEREBY IS RECOMMENDED to the Honorable Richard G. Kopf, United States District Judge, pursuant to 28 U.S.C.636(b)(1)(B), that the defendant's motion to suppress, filing 15, be denied.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. IT FURTHER HEREBY IS ORDERED: Trial is set for 9:00 a.m. on October 3, 2005 for a duration of three trial days before the Honorable Richard G. Kopf. Jury selection will be at the commencement of trial as to defendant Mark Andrew Simpson. Signed by Magistrate Judge David L. Piester on 8/30/2005. (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, )
September 22, 2005
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ORDER as to Mark Andrew Simpson. It is ordered that: (1) The Magistrate Judge's report and recommendation 27 is adopted; and (2) Defendant's motion to suppress 15 is denied in all respects. Signed by Judge Richard G. Kopf on 9/22/2005. (KLL, )
September 26, 2005
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ORDER that trial of this matter 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 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 September 26, 2005 and November 7, 2005 shall be deemed excludable time in any computation of time under the requirements of the Speedy Trial Act, for the reason that the parties requireadditional 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. 3161(h)(8)(A)&(B) as to Mark Andrew Simpson (1). Signed by Magistrate Judge David L. Piester on 9/26/2005. (CS, )
September 27, 2005
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ORDER as to defendant Mark Andrew Simpson. It is ordered that the lawyers in this case shall affirmatively notify my chambers of the final trial status of this case on or before Monday, October 31, 2005, at 3:00 P.M. Signed by Judge Richard G. Kopf on 9/27/2005. (KLL, )
October 31, 2005
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ORDER as to defendant Mark Andrew Simpson. 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 November, 2005, at the hour of 4:00 p.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 11/28/2005 04:00 PM in Courtroom 2 (Lincoln) before Magistrate Judge David L. Piester; XT excludable started 10/31/2005-11/28/2005; termed 11/7/2005 trial date. Signed by Judge Richard G. Kopf on 10/31/2005. (KLL, )
November 28, 2005
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ORDER that motion 34 is granted and the change of plea hearing is continued to December 12, 2005 at 4:00 p.m., and will be held in Courtroom No. 2 of the U.S. Courthouse, 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. See 18 U.S.C. 3161(h)(1)(I)&(h)(8)(A)(B) as to Mark Andrew Simpson (1). Signed by Magistrate Judge David L. Piester on 11/28/2005. (CS, )
December 13, 2005
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ORDER that the parties' joint oral motion to continue is granted and the change of plea hearing is continued to January 5, 2006 at 1:30 p.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. See 18 U.S.C. 3161(h)(1)(I)&(h)(8)(A)(B). Defendant shall appear at the hearing. Signed by Magistrate Judge David L. Piester on 12/13/2005. (CS, )
March 15, 2006
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TENTATIVE FINDINGS OF FACT regarding Revised Presentence Investigation Report and Addendum as to defendant Mark Andrew Simpson. 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 3/15/2006. (KLL, )
March 27, 2006
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JUDGMENT as to Mark Andrew Simpson (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 5 years supervised release with special conditions, and pay $100 Special Assessment as to defendant Mark Andrew Simpson. Defendnat shall surrender for service of sentence at the institution designated by the Bureau of Prisons before 2:00 p.m. no earlier than 90 days from today's date as notified by the U.S. Marshal. Signed by Judge Richard G. Kopf on 3/27/2006. (4 Certified Copies to USM) (CS, )
July 10, 2006
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ORDER as to defendant Mark Andrew Simpson. At the request of the United States Marshal's Service, it is ordered that: (1) The defendant's commitment date to the Federal Bureau of Prisons is hereby continued to August 9, 2006, at or before 2:00 p.m. (2) Copies of this memorandum and order shall be provided to counsel of record, the Probation Office, and the United States Marshal. The United States Marshal shall provide the Bureau of Prisons with a copy of this memorandum and order. (3) If the Bureau of Prisons selects a different self-surrender date than the one ordered in paragraph 1 above, the Bureau of Prisons shall not select a date any earlier than August 9, 2006. And, the United States Marshals Service shall notify the defendant, counsel of record, and the Probation Office of the new date selected by the Bureau of Prisons.Signed by Judge Richard G. Kopf on 7/10/2006. (KLL, )
June 28, 2007
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ORDER as to defendant Mark Andrew Simpson. 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) 54 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, )
July 29, 2008
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ORDER as to defendant Mark Andrew Simpson. It is ordered that: (1) The government's request for hearing 56 is granted. (2) A hearing on the government's motion for reduction of sentence pursuant to Rule 35(b) 54 has been set before the undersigned United States district judge on Friday, August 22, 2008, at 12:30 p.m., in Courtroom No. 1, United States Courthouse and Federal Building, 100 Centennial Mall North, Lincoln, Nebraska.(3) The United States Marshal is directed to return the defendant to the district for the hearing. Ordered by Judge Richard G. Kopf. (KLL, )
August 25, 2008
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AMENDED JUDGMENT (Reduction of Sentence) as to Mark Andrew Simpson (1). Governments motion (filing 54) for reduction of sentence pursuant to Rule 35 (b) is granted. Upon release from imprisonment, the defendant shall be on supervised release for a term of five (5) years with special conditions, the defendant has paid the special assessment in the amount of $100.00. Ordered by Judge Richard G. Kopf. (1 Certified copy to USM)(LKL)