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05-3064 - USA v. Holmes


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05-3064 - USA v. Holmes
May 25, 2005
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ORDER APPOINTING COUNSEL - Donald L. Schense for Chester Grant Holmes appointed as counsel as to defendant Chester Grant Holmes signed by Magistrate Judge David L. Piester on 5/25/2005. (SED)
May 27, 2005
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ORDER of Detention pending trial as to defendant Chester Grant Holmes signed by Magistrate Judge David L. Piester on 5/27/2005. (SED)
July 18, 2005
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ORDER as to defendant Chester Grant Holmes. 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 25th day of August, 2005, at the hour of 11:00 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).***Change of Plea Hearing set for 8/25/2005 11:00 AM in Courtroom 1 (Lincoln) before Judge Richard G. Kopf; XT excludable started 7/18/2005-8/25/2005; termed 7/25/2005 trial date. Signed by Judge Richard G. Kopf on 7/18/2005. (KLL, )
August 25, 2005
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REPORT, RECOMMENDATION AND ORDER recommending to Judge Kopf that he accept the guilty plea and any written plea agreement; if any party desires to object to this report and recommendation they shall do so no later than 10 calendar days as to defendant Chester Grant Holmes signed by Magistrate Judge David L. Piester on 8/25/2005. (SED)
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 8, 2005
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ORDER as to Chester Grant Holmes. It is ordered that: (1) The report and recommendation 20 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 9/8/2005. (KLL, )
November 2, 2005
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TENTATIVE FINDINGS OF FACT regarding Revised Presentence Investigation Report as to defendant Chester Grant Holmes. 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 11/2/2005. (KLL, )
November 18, 2005
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JUDGMENT as to Chester Grant Holmes (1) - Defendant pleaded guilty to Count I of the Indictment and is committed to the Bureau of Prisons for a term of 40 months, followed by 5 years supervised release with special conditions, and pay $100 Special Assessment as to defendant Chester Grant Holmes. Government's motion for downward departure 22 is granted. Defendant remanded to the custody of the U.S. Marshal. Signed by Judge Richard G. Kopf on 11/18/2005. (4 certified copies to USM) (CS, )
March 28, 2007
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ORDER as to defendant Chester Grant Holmes. It is ordered that government's exhibits in this case are to be returned to the United States Attorney for appropriate disposition. ***Termed Exhibit List Deadline. Ordered by Judge Richard G. Kopf.(KLL, )
January 31, 2008
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ORDER - The defendant's motion (filing 48) pursuant to 18 U.S.C. ยง 3582(c)(2) shall be held in abeyance until further order of the court. My judicial assistant shall call this case to my attention on February 29, 2008. A copy of this memorandum and order shall be transmitted to Chief Probation Officer James Rowoldt and Chief Deputy Probation Officer Mary Lee Ranheim. I request: (a) that they begin to compile a list of all cases on my docket that may warrant a reduction in sentence due to the retroactive amendment of the crack Guidelines; (b) that they add this case to that list; (c) that they begin to develop procedures for the disposition of these types of cases by the probation office; and (d) that they advise me when the aforementioned procedures have been finalized. The Clerk shall mail a copy of this memorandum and order to the last known address of the defendant as to Chester Grant Holmes. Ordered by Judge Richard G. Kopf. (Copies mailed as directed)( GJG, )
March 3, 2008
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ORDER - The retroactive sentencing worksheet (sealed filing 54) shall be filed but it is herewith noted that it is in error as to defendant Chester Grant Holmes. Ordered by Judge Richard G. Kopf. (GJG, )
March 3, 2008
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AMENDED JUDGMENT (Reduction of Sentence) as to Chester Grant Holmes. Defendant pleaded guilty to Count I of the Indictment and the original sentence is reduced to thirty-two (32) months; followed by 5 years supervised release with special conditions, and pay $100 Special Assessment as to defendant Chester Grant Holmes. Ordered by Judge Richard G. Kopf. (4 Certified copies to USM)(GJG, )
March 4, 2008
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ORDER as to defendant Chester Grant Holmes. On March 3, 2008, I entered judgment reducing the sentences in the foregoing cases. While there was no error in the sentencing reduction that we imposed, in the AO247s I incorrectly recited the Base Offense Level when I should have recited the Total Offense Level. While the judgments do not need to be changed, the Probation Office seeks an order permitting it to enter the proper Total Offense Level rather than the Base Offense Level in the PACTS system. Accordingly,IT IS ORDERED that the Probation Office shall enter the Total Offense Level in the foregoing cases rather than the Base Offense Level that is recited in the AO247s. Ordered by Judge Richard G. Kopf. (KLL, )
March 5, 2008
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AMENDED JUDGMENT (Clerical Error) as to Chester Grant Holmes. Defendant pleaded guilty to Count I of the Indictment and the original sentence is reduced to thirty-two (32) months; followed by 5 years supervised release with special conditions, and pay $100 Special Assessment as to defendant Chester Grant Holmes. Ordered by Judge Richard G. Kopf. (4 Certified copies to USM)(GJG, )