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05-3080 - USA v. Wright


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05-3080 - USA v. Wright
July 25, 2005
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ORDER granting 9 Motion to Extend Filing Deadline as to Thomas Neal Wright (1). Defendant's pretrial motions and briefs shall be filed on or before August 21, 2005. The ends of justice will be served by granting such a motion, and outweigh the interests of the public and the defendants in a speedy trial, and the additional time arising as a result of the granting of the motion, the time between July 21, 2005 and August 21, 2005 shall be deemed excludable time in any computation of time under the requirements of the Speedy Trial Act. Signed by Magistrate Judge David L. Piester on 7/25/2005. (JAR)
August 10, 2005
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ORDER regarding Order on Motion to Extend, 12 as to defendant Thomas Neal Wright. This case is removed from the trial calendar for August 22, and is continued until further order. Signed by Magistrate Judge David L. Piester on 8/10/2005. (JAR)
August 22, 2005
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ORDER that Defendant's unopposed motion to continue time for filing pretrial motions, filing 14 is granted and defendant's pretrial motions and briefs shall be filed on or before September 19, 2005. The ends of justice will be served by granting such a motion, and outweigh the interests of the public and the defendants in a speedy trial, and the additional time arising as a result of the granting of the motion, the time between August 21, 2005 and September 19, 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 require additional time to adequately prepare the case, taking into considerationdue 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 Thomas Neal Wright (1). Signed by Magistrate Judge David L. Piester on 8/22/2005. (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 20, 2005
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ORDER granting 17 Motion to Extend Deadline as to Thomas Neal Wright (1). Defendant's motion to extend deadline, filing 17, is granted and the deadline for filing pretrial motions is extended to October 3, 2005. Signed by Magistrate Judge David L. Piester on 9/20/2005. (JAR)
September 30, 2005
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ORDER that an evidentiary hearing on defendant Wright's motion to suppress evidence, filing 19, will be held before the undersigned on October 28, 2005 at 2:30 p.m. in Courtroom #2, United States Courthouse and Federal Building, 100 Centennial Mall North, Lincoln, Nebraska. The hearing is scheduled for a duration of two hours. In the event counsel believe additional time is ormay be necessary, they should contact my courtroom deputy as soon as practicable. Copies of all exhibits expected to be offered into evidence during the hearing, except those to be used for impeachment only, shall be delivered to the chambers of the undersigned at least two working days prior to the hearing.3. The trial of this case, as pertains to ALL defendants, is continued until further order of the court following resolution of outstanding motions as to defendant Thomas Neal Wright. Signed by Magistrate Judge David L. Piester on 9/30/2005. (CS, )
October 3, 2005
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ORDER that the order of September 30 (filing 20) is amended to change the time of the suppression hearing on October 28, 2005 from 2:30 to 3:00 p.m. Signed by Magistrate Judge David L. Piester on 10/3/2005. (CS, )
November 16, 2005
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ORDER granting 26 Motion to Extend Filing Deadline as to Thomas Neal Wright (1). On or before December 9, 2005, the defendant shall either file his post-hearing brief on his motion to suppress or advise the court that a further evidentiaryhearing is necessary with respect to additional videotape evidence received from the government. Signed by Magistrate Judge David L. Piester on 11/16/2005. (JAR)
December 12, 2005
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ORDER that a hearing on further evidence to be introduced regarding Motion to Suppress 19 will be held on December 27, 2005 at 2:30 p.m. Upon the filing of a waiver of appearance, the defendant will be excused from attending the hearing, as to defendant Thomas Neal Wright. Signed by Magistrate Judge David L. Piester on 12/12/2005. (CS, )
February 27, 2006
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REPORT, RECOMMENDATION, and ORDER - It is Recommended to the Hon. Richard G. Kopf, Chief United States District Judge, pursuant to 28 U.S.C. 636(b)(1)(B), that the defendant's motion to suppress, filing 19, 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 April 17, 2006 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 Thomas Neal Wright. Signed by Magistrate Judge David L. Piester on 2/27/2006. (CS, )
March 27, 2006
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ORDER as to defendant Thomas Neal Wright. It is ordered that: (1) The defendant's motion to extend filing deadline for objections to Magistrate's Report and Recommendation 36 is granted; (2) The defendant shall file any objection to the Report and Recommendation 35 no later than 3/27/2006. ***XT excludable started 3/27/2006-3/27/2006. Signed by Judge Richard G. Kopf on 3/27/2006. (KLL, )
March 28, 2006
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ORDER granting 39 Motion to Continue Trial as to Thomas Neal Wright (1). Trial of this matter is continued to 9:00 a.m., July 10, 2006, 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 atcommencement of trial. The time between March 28, 2006 and July 10, 2006 shall be deemed excludable time in any computation of time under the requirements of the Speedy Trial Act. Jury Trial set for 7/10/2006 09:00 AM in Courtroom 1 (Lincoln) before Judge Richard G. Kopf. Signed by Magistrate Judge David L. Piester on 3/28/2006. (JAR)
April 5, 2006
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ORDER as to defendant Thomas Neal Wright. It is ordered that: (1) The Magistrate Judge's report and recommendation 35 is adopted; (2) Defendant's objections 38 are denied; and (3) Defendant's motion to suppress 19 is denied in all respects. ***Termed 19 35 38.Signed by Judge Richard G. Kopf on 4/5/2006. (KLL, )
June 27, 2006
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ORDER as to defendant Thomas Neal Wright. ***Change of Plea Hearing set for 9/15/2006 10:00 AM in Courtroom 2 (Lincoln) before Magistrate Judge David L. Piester; XT excludable started 6/27/2006-9/15/2006; termed 7/10/2006 trial date. Signed by Judge Richard G. Kopf on 6/27/2006. (KLL, )
September 1, 2006
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ORDER ordered by Magistrate Judge David L. Piester as to defendant(s) Thomas Neal Wright; on the court's own motion, Change of Plea Hearing is continued to 9/26/2006 at 01:30 PM in Courtroom 2 (Lincoln) before Magistrate Judge David L. Piester; time between today's date and the anticipated plea of guilty is excluded under the Speedy Trial Act.(BMH)
October 6, 2006
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ORDER sustaining 50 Motion for Preliminary Forfeiture as to Thomas Neal Wright (1). Based upon Count II of the Indictment and the Defendant's plea of guilty, the United States Marshal for the District of Nebraska is hereby authorized to seize the following described property: $4,520.00 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. Upon adjudication of all third-party interests, this Court will enter a Final Order of Forfeiture pursuant to 21 U.S.C., 853(n), in which all interests will be addressed. Ordered by Judge Richard G. Kopf. (CC to USM)(JAR)
December 5, 2006
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AMENDED ORDER ON SENTENCING SCHEDULE as to defendant Thomas Neal Wright. It is ordered that the defendant's unopposed motion to extend filing deadline 54 is granted. It is further ordered that the defendant's filing deadline and the judge's tentative finding deadline are extended. Ordered by Judge Richard G. Kopf.(KLL, )
December 12, 2006
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ORDER as to defendant Thomas Neal Wright. ***Sentencing reset to 1/19/2007 12:30 PM in Courtroom 1 (Lincoln) before Judge Richard G. Kopf. Ordered by Judge Richard G. Kopf.(KLL, )
December 18, 2006
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TENTATIVE FINDINGS OF FACT regarding Revised Presentence Investigation Report as to defendant Thomas Neal Wright. It is ordered that: (1) The motion for departure due to overstatement of criminal history 60 is granted. As suggested by the probation officer (PSR paragraph 79), the crimes which generate 6 points were committed a long time ago, the sentencing judge in those cases imposed concurrent sentences, and there has been no further convictions since the imposition of those sentence. These convictions therefore tend to overstate the likelihood of recidivism. Thus, I will depart from criminal history category III to criminal history category II. (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.Ordered by Judge Richard G. Kopf.(KLL, )
January 5, 2007
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ORDER as to defendant Thomas Neal Wright. It is ordered that: (1) The defendant's unopposed motion to continue sentencing 63 is granted; (2) ***Sentencing reset to 2/2/2007 12:00 PM in Courtroom 1 (Lincoln) before Judge Richard G. Kopf. Ordered by Judge Richard G. Kopf.(KLL, )
February 2, 2007
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ORDER sustaining 58 Motion for Final Forfeiture as to Thomas Neal Wright (1). All right, title, and interest in the subject property is forever barred and foreclosed. The U.S. Marshal is directed to dispose of said property in accordance with the law. Ordered by Judge Richard G. Kopf. (CC to USM)(JAR)
February 5, 2007
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JUDGMENT as to Thomas Neal Wright. Defendant pleaded guilty to Counts I and II of the Indictment and is hereby sentenced to the custody of the United States Bureau of Prisons to be imprisoned for a term of one hundred twenty-one (121) months; five (5) years of Supervised Release with Special Conditions; $100 (PAID) Special Assessment. Final Order of Forfeiture filed on 02/02/2007 as to Count II. Defendant shall forfeit the sum of $4,520 in U.S. currency to the United States as to defendant(s) Thomas Neal Wright. Defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons no earlier than 60 days from today's date as notified by the USM. Ordered by Judge Richard G. Kopf. 4 CERTIFIED COPIES TO USM. (GJG, )
March 29, 2007
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ORDER as to Thomas Neal Wright. It is ordered that: (1) The defendant's motion to extend surrender date 84 is granted. (2) The defendant's commitment date to the Federal Bureau of Prisons is hereby continued to May 11, 2007, at or before 2:00 p.m. (3) 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. (4) If the Bureau of Prisons selects a different self-surrender date than the one ordered in paragraph 2 above, the Bureau of Prisons shall not select a date any earlier than May 11, 2007. 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. Ordered by Judge Richard G. Kopf.(KLL, )
July 5, 2007
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ORDER granting 87 Motion for Release of Funds as to Thomas Neal Wright (1). IT IS ORDERED that the motion for refund of bond (filing 87) is granted to the extent that the Clerk of Court is directed to refund the bond proceeds to the person who posted it as shown by the Clerks office records. Ordered by Judge Richard G. Kopf. (Copy to Financial)(JAB)
March 13, 2008
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ORDER TO WITHDRAW EXHIBITS regarding Defendant's Exhibits 101 - 103 from motion hearing held 12/27/2005 as to defendant Thomas Neal Wright. Ordered by Judge Richard G. Kopf. (JAB)