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05-3069 - USA v. McCloud


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05-3069 - USA v. McCloud
June 28, 2005
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ORDER APPOINTING COUNSEL - John C. Vanderslice for Edward Lafayette McCloud appointed as counsel as to defendant Edward Lafayette McCloud signed by Magistrate Judge David L. Piester on 6/28/2005. (SED)
August 30, 2005
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ORDER granting 16 Motion to Seal as to Edward Lafayette McCloud (1). Signed by Magistrate Judge David L. Piester on 8/30/2005. (GJG, )
August 31, 2005
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ORDER granting 18 Sealed Motion to Continue Trial as to Edward Lafayette McCloud (1). Trial continued to 10/31/2005 at 9:00 a.m. Time between 8/30/2005 and 10/31/2005 shall be deemed excludable for purposes of computing Speedy Trial. Signed by Magistrate Judge David L. Piester on 8/31/2005. (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, )
September 2, 2005
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ORDER granting 22 Motion to Withdraw as Attorney and to Appoint New Counsel by Attorney John C. Vanderslice as to Edward Lafayette McCloud (1). Federal Public Defender's Office shall appoint a new CJA panel attorney. Signed by Magistrate Judge David L. Piester on 9/2/2005. (Copy to FPD) (JAR)
October 26, 2005
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ORDER as to defendant Edward Lafayette McCloud. 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 19th day of December, 2005, at the hour of 11:30 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 12/19/2005 11:30 AM in Courtroom 2 (Lincoln) before Magistrate Judge David L. Piester; XT excludable started 10/26/2005-12/19/2005; termed 10/31/2005 trial date. Signed by Judge Richard G. Kopf on 10/26/2005. (KLL, )
February 3, 2006
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ORDER granting Oral Motion to continue as to Edward Lafayette McCloud (1). The change of plea hearing is continued to March 27, 2006 at 9:30 a.m. 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. Change of Plea Hearing set for 3/7/2006 09:30 AM in Courtroom 2 (Lincoln) before Magistrate Judge David L. Piester. Signed by Magistrate Judge David L. Piester on 2/3/2006. (JAR)
June 2, 2006
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TENTATIVE FINDINGS OF FACT regarding Presentence Investigation Report as to defendant Edward Lafayette McCloud. 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.Signed by Judge Richard G. Kopf on 6/2/2006. (KLL, )
June 14, 2006
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JUDGMENT as to Edward Lafayette McCloud (1). Defendant pleaded guilty to Counts I and II of the Indictment and is hereby committed to the United States Bureau of Prisons to be imprisoned for a term of seventy (70) months; four (4) years of Supervised Release with Special Conditions; $100 Special Assessment as to defendant(s) Edward Lafayette McCloud. Defendant will forfeit $452 to USA as to Count II of the Indictment . The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons before 2:00 p.m. no earlier than 60 days from today's date as notified by the United States Marshal. Signed by Judge Richard G. Kopf on 6/14/2006. 4 CERTIFIED COPIES TO USM (GJG, ) Modified on 6/19/2006 to add text regarding self-surrender (GJG, ).
June 15, 2006
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PRELIMINARY ORDER OF FORFEITURE - sustaining 44 Motion for Preliminary Forfeiture as to Edward Lafayette McCloud (1). Based upon Count II of the Indictment and the Defendant's plea of guilty, the United States Marshal for the District of Nebraska ("Marshal") is hereby authorized to seize the following described property: $452.00 in United States currency The Defendant's interest in said property is hereby forfeited to the United States of America for disposition in accordance with the law, subject to the provisions of 21 U.S.C., section 853(n)(1). The aforementioned forfeited property is to be held by the Marshal in his secure custody and control. Upon adjudication of all third-party interests, this Court will enter a Final Order of Forfeiture pursuant to 21 U.S.C., section 853(n), in which all interests will be addressed. Signed by Judge Richard G. Kopf on 6/15/2006. CERTIFIED COPY TO USM. (GJG, )
August 14, 2006
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ORDER granting 51 Motion to Extend Self Surrender Date as to Edward Lafayette McCloud (1). Defendant shall self-surrender on or after September 22,2006, as directed by the Bureau of Prisons. The clerk of the court shall mail a copy of this order to Defendant at the address shown in filing 51 and shall also deliver a copy to the United States Marshal. Ordered by Judge Richard G. Kopf. (Copy to USM and Defendant)(JAR)
August 29, 2006
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FINAL ORDER OF FORFEITURE - sustaining 54 Motion for Final Forfeiture as to Edward Lafayette McCloud (1). All right, title and interest in and to the subject property, i.e., $452.00 in United States currency, held by any person or entity, is hereby forever barred and foreclosed. The subject property, i.e., $452.00 in United States currency, be, and the same hereby is, forfeited to the United States of America. The United States Marshal for the District of Nebraska is directed to dispose of said property in accordance with law. Ordered by Judge Richard G. Kopf. CERTIFIED COPY TO USM. (GJG, )
January 30, 2007
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MEMORANDUM AND ORDER as to Edward Lafayette McCloud. The Clerk of the Court shall file the attached document and treat it as a motion to compel the government to file a Rule 35 motion (filing 57). Clarence E. Mock, III is reappointed to represent Mr. McCloud with regard to this motion. The Clerk of the Court shall notify Mr. Mock by sending him a copy of this order and the defendant's motion. The Clerk of the Court shall send the defendant a copy of this order as well. Mr. Mock shall file an amended motion or take such other action as may be appropriate by March 1, 2007. My chambers shall call this case to my attention on March 2, 2007. Ordered by Judge Richard G. Kopf. Copies sent as ordered. (GJG, )
March 6, 2007
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ORDER as to defendant Edward Lafayette McCloud. It is ordered that counsel and the undersigned will hold a conference call on Tuesday, April 10, 2007, at 1:00 p.m. to discuss the status of this matter. My chambers will initiate the call. The Clerk of the Court is directed to mail a copy of this memorandum and order to Mr. McCloud at his last known address, which is #20080-047, FCI Unit D, P. O. Box 1731, Waseca, Minnesota 56093. Copy sent by U.S. Mail. Ordered by Judge Richard G. Kopf.(KLL, )
April 3, 2007
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ORDER as to defendant Edward Lafayette McCloud. ***Rule 35(b) Motion Hearing set for 5/10/2007 11:45 AM in Courtroom 1 (Lincoln) before Judge Richard G. Kopf. The defendant shall be present for the hearing.Ordered by Judge Richard G. Kopf.(KLL, )
May 11, 2007
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AMENDED JUDGMENT on Motion of the Government After Initial Sentencing as to defendant Edward Lafayette McCloud (1): Government's motion for reduction of sentence61 is granted and on Count I, and the defendant's sentence of imprisonment is reduced from the original sentence to a term of thirty-five (35)months, followed by four (4) years of Supervised Release with Special Conditions, and ordered to pay a $100 Special Assessment. Defendant will forfeit $452 to USA as Count II of the Indictment. Ordered by Judge Richard G. Kopf. (4 certified copies to USM)(JAR)
February 28, 2008
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ORDER that 1. The defendant's submission is considered to be a motion made pursuant to 18 U.S.C. § 3582(c)(2); 2. The defendant's motion pursuant to 18 U.S.C. § 3582(c)(2) 68 shall be held in abeyance until further order of the court; 3. Court's judicial assistant shall call this case to Court's attention on February 29, 2008; 4. A copy of this memorandum and order shall be transmitted to Chief Probation Officer James Rowoldt and Chief Deputy Probation Officer Mary Lee Ranheim and the Court requests (a) that they begin to compile a list of all cases on Judge Kopf's 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 Court when the aforementioned procedures have been finalized; 5. The Clerk shall mail a copy of this memorandum and order to the last known address of the defendant. Ordered by Judge Richard G. Kopf. (Copy mailed to pro se party Edward Lafayette McCloud) (CCB)
March 5, 2008
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ORDER as to defendant Edward Lafayette McCloud. The defendant has filed or tendered for filing a motion that I construe as seeking a reduction of sentence pursuant to the retroactive amendments to the crack Guidelines. The Court has developed procedures to deal with such a motion. Therefore,IT IS ORDERED:1.No later than Friday, April 18, 2008, the probation office shall provide the undersigned and counsel of record with a Retroactive Sentencing Worksheet. If the officer requires additional time, a request may be made to the undersigned by e-mail. My judicial assistant shall provide the Probation Office with a copy of this order.2.No later than Monday, May 5, 2008, counsel of record shall confer and do one of the following:A.File a stipulation containing the following provisions: (i) an agreement that the defendant is eligible for a sentence reduction pursuant to 18 U.S.C. § 3582(c) and U.S.S.G. § 1B1.10; (ii) an agreement that the defendant may be resentenced without being present and without further notice and (iii) an agreement regarding the recommended sentence.B.In lieu of the stipulation provided in paragraph A, counsel for the government shall contact my judicial assistant and arrange a telephone conference with the undersigned and counsel for the defendant so that further progression of this case may be scheduled. Ordered by Judge Richard G. Kopf. (KLL, )
April 1, 2008
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ORDER REGARDING MOTION FOR SENTENCE REDUCTION PURSUANT TO 18:3582(c)(2) - motion of the defendant is granted and the defendant's previously imposed sentence of imprisonment (as reflected in the last judgment issued) of 35 months is reduced to 28 months. Except as provided above, all provisions of the judgments dated June 14, 2006 and May 11, 2007, shall remain in effect. Effective Date: Tuesday, April 15, 2008 as to Edward Lafayette McCloud (1) Ordered by Judge Richard G. Kopf. (4 Certified copies to USM)( CCB) Modified on 4/2/2008 to reflect copy mailed to defendant (CCB).