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05-3139 - USA v. Esparza-Morales


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05-3139 - USA v. Esparza-Morales
December 22, 2005
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ORDER APPOINTING COUNSEL - W. Russell Bowie appointed as counsel as to defendant Fernando Esparza-Morales signed by Magistrate Judge David L. Piester on 12/22/2005. (SED)
December 28, 2005
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ORDER of Detention pending trial as to defendant Fernando Esparza-Morales signed by Magistrate Judge David L. Piester on 12/28/2005. (SED)
February 1, 2006
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MEMORANDUM AND ORDER - The motion for bill of particulars, filing 13 is granted in part, and the government shall, within ten days, file a bill of particulars setting forth the names of all persons known or believed to be, or to have been, co-conspirators and the specific acts--including dates, times, places, identification and amounts of any and all controlled substances involved, persons present, and actions taken by each--that the government will attempt to prove at trial as to Fernando Esparza-Morales (1). Signed by Magistrate Judge David L. Piester on 2/1/2006. (GJG, )
February 24, 2006
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ORDER as to defendant Fernando Esparza-Morales. ***Jury Trial reset to 3/27/2006 09:00 AM in Courtroom 1 (Lincoln) before Judge Richard G. Kopf; XT excludable started 2/24/2006-3/27/2006; termed 2/27/2006 trial date. Signed by Judge Richard G. Kopf on 2/24/2006. (KLL, )
March 10, 2006
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ORDER - Defendant's counsel's motion to withdraw, filing 20 is granted. The Federal Public Defender for the District of Nebraska shall provide the court with a draft appointment order (CJA Form 20) for substitute counsel bearing the name and other identifying information of the CJA Panel attorney identified inaccordance with the Criminal Justice Act Plan for this district. Substitute counsel shall enter an appearance as soon as practicable as to Fernando Esparza-Morales (1). Signed by Magistrate Judge David L. Piester on 3/10/2006. (GJG, )
March 10, 2006
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ORDER granting 23 Motion for Attorney Fees as to Fernando Esparza-Morales (1). The motion of W. Russell Bowie to be paid prior to completion of case, filing 23, is granted. Signed by Magistrate Judge David L. Piester on 3/10/2006. (JAR)
March 20, 2006
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ORDER as to defendant Fernando Esparza-Morales. Trial of this matter is continued to 9:00 a.m., May 1, 2006, for a duration of four trial days before the HonorableRichard 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 additional time arising as a result of the granting of the motion, the time between March 17, 2006 and May 1, 2006 shall be deemed excludable time in any computation of time under the requirements of the SpeedyTrial Act. Jury Trial set for 5/1/2006 09:00 AM in Courtroom 1 (Lincoln) before Judge Richard G. Kopf. Signed by Magistrate Judge David L. Piester on 3/20/2006. (JAR)
April 27, 2006
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ORDER granting 27 Motion to Continue as to Fernando Esparza-Morales (1). Jury Trial set for 6/26/2006 09:00 AM in Courtroom 1 (Lincoln) before Judge Richard G. Kopf. Jury selection will be held at commencement of trial. The time between April 27, 2006 and June 26, 2006 shall be deemed excludable time in any computation of time under the requirements of the Speedy Trial Act. 18 U.S.C. section 3161(h)(8)(A)&(B). Signed by Magistrate Judge David L. Piester on 4/27/2006. (GJG, )
June 20, 2006
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ORDER granting 30 Motion to Withdraw as Attorney as to Fernando Esparza-Morales (1). The Federal Public Defender's office shall contact a CJA panel attorney to represent Mr. Esparza-Morales. Defendant's jury trial, now set for June 26, 2006, shall be continued until the 21st day of August, 2006, at 9:00 a.m. The time between today's date and the date now scheduled for trial shall be excluded from any speedy trial calculation because this is the second time that counsel has been changed in this matter. Signed by Magistrate Judge David L. Piester on 6/20/2006. (GJG, )
August 17, 2006
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ORDER as to defendant Fernando Esparza-Morales. ***Change of Plea Hearing set for 9/6/2006 04:00 PM in Courtroom 2 (Lincoln) before Magistrate Judge David L. Piester; XT excludable started 8/17/2006-9/6/2006; termed 8/21/2006 trial date. Ordered by Judge Richard G. Kopf.(KLL, )
September 6, 2006
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ORDER - Counsel's joint oral motion to continue is granted and the change of plea hearing is continued from today to September 7, 2006 at 1:00 p.m. before the undersigned magistrate judge in Courtroom 2, United States Courthouse and Federal Building, 100 Centennial Mall North, Lincoln, Nebraska. The time between today's date and the anticipated plea of guilty, shall be deemed excludable time in any computation of time under the requirements of the Speedy Trial Act. 18 U.S.C. section 3161(h)(8)(A)&(B). Defendant shall appear at the hearing as to Fernando Esparza-Morales (1). Change of Plea Hearing set for 9/7/2006 01:00 PM in Courtroom 2 (Lincoln) before Magistrate Judge David L. Piester. Ordered by Magistrate Judge David L. Piester.(GJG, )
November 16, 2006
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TENTATIVE FINDINGS OF FACT regarding Revised Presentence Investigation Report as to defendant Fernando Esparza-Morales. 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. Ordered by Judge Richard G. Kopf.(KLL, )
November 30, 2006
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JUDGMENT as to Fernando Esparza-Morales (1) - Defendant pleaded guilty to Count I of the Indictment and is committed to the Bureau of Prisons for a term of 135 months, 5 years supervised release with special conditions, $100 Special Assessment, and $2,330 Restitution. Counts II, III, and IV are dismissed on the motion of the United States as to defendant Fernando Esparza-Morales. Defendant remanded to the custody of the U.S. Marshal. Ordered by Judge Richard G. Kopf. (4 certified copies to USM)(CS, )
March 28, 2008
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ORDER as to defendant Fernando Esparza-Morales. It is ordered that: (1) The government's request for hearing is granted. (2) A hearing on the government's motion for reduction of sentence pursuant to Rule 35(b) 55 has been set before the undersigned United States district judge on Thursday, April 10, 2008, at 1:00 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. (4) 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. (5) The Federal Public Defender shall provide CJA counsel with a new voucher. (6) 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.***Rule 35(b) Motion Hearing set for 4/10/2008 01:00 PM in Courtroom 1 - Lincoln before Judge Richard G. Kopf. Ordered by Judge Richard G. Kopf. (KLL, )
April 10, 2008
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AMENDED JUDGMENT as to defendant Fernando Esparza-Morales (1). Government's motion (filing 55) for reduction of sentence pursuant to Rule 35(b) is granted. The defendant's sentence of imprisonment is reduced from the original sentence to a term of sixty (60) months, 5 years supervised release with special conditions, $100 Special Assessment, and $2,330 Restitution; Counts II, III, and IV are dismissed on the motion of the United States. Ordered by Judge Richard G. Kopf. (4 Certified copies to USM)(JAB)