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06-3014 - USA v. Cain


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06-3014 - USA v. Cain
January 27, 2006
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ORDER APPOINTING COUNSEL - Gregory C. Damman appointed as counsel as to defendant LaAnthony Cletae Cain signed by Magistrate Judge David L. Piester on 1/27/2006. (SED)
January 27, 2006
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ORDER of Detention pending trial as to defendant LaAnthony Cletae Cain signed by Magistrate Judge David L. Piester on 1/27/2006. (SED)
March 29, 2006
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ORDER as to defendant LaAnthony Cletae Cain.***Jury Trial reset to 6/26/2006 09:00 AM as the #1 criminal case in Courtroom 1 (Lincoln) before Judge Richard G. Kopf; XT excludable started 3/29/2006-6/26/2006; termed 4/3/2006 trial date. Signed by Judge Richard G. Kopf on 3/29/2006. (KLL, )
June 23, 2006
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ORDER as to defendant LaAnthony Cletae Cain. The government has filed a waiver of jury trial. Therefore, this case will be tried to me alone, but I will require the defendant to confirm his waiver on the record Monday morning. We will start trial at 9:00 a.m. The Clerk shall cancel the jurors. It is so ordered. Signed by Judge Richard G. Kopf on 6/23/2006. (KLL, )
September 13, 2006
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TENTATIVE FINDINGS OF FACT regarding Revised Presentence Investigation Report and Addendum as to defendant LaAnthony Cletae Cain. It is ordered that: (1) The defendant's objection 29 to drug quantity and criminal history will be resolved at sentencing. The defendant's motion for deviation or variance 27 from the Guidelines for multiple reasons will also be resolved at sentencing.(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, )
September 22, 2006
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ORDER regarding Notice of Appeal to USCA41 as to defendant LaAnthony Cletae Cain. No order will be entered in this direct criminal appeal, and the party is permitted to proceed on appeal in forma pauperis. Ordered by Judge Richard G. Kopf.(JAR)
September 26, 2006
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JUDGMENT as to LaAnthony Cletae Cain (1) regarding Count 1: Defendant was found guilty on Count I of the Indictment and is committed to the Bureau of Prisons for a term of 292 months; 5 years supervised release with special conditions; $100.00 special assessment, as to defendant LaAnthony Cletae Cain. Ordered by Judge Richard G. Kopf. 4 certified copies USM(JAE, )
October 4, 2006
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MEMORANDUM AND ORDER that the defendant has sent me a letter requesting appointment of new counsel for his appeal. I will deny the request because the matter has been appealed. However, I shall also refer the matter to the Clerk of the Court of Appeals for the Eighth Circuit. IT IS ORDERED that the Clerk of Court shall file the attached letter 51 and, treating it as a motion, it is denied without prejudice to reconsideration by the Court of Appeals. The Clerk of the Court shall advise the Court of Appeals of this memorandum and order and Mr. Cain's letter as to LaAnthony Cletae Cain (1). Ordered by Judge Richard G. Kopf. (Copy mailed to defendant at Sarpy County Jail)(CS, )
December 2, 2008
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MEMORANDUM AND ORDER - Defendant's motion for leave to amend (filing 72) is denied without prejudice as to LaAnthony Cletae Cain. Ordered by Judge Richard G. Kopf. (Copy mailed to pro se party)( GJG, )
December 30, 2008
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ORDER regarding 73 Motion to Vacate (2255) as to LaAnthony Cletae Cain (1) IT IS ORDERED that Cains 2255 motion (filing 73) is denied with prejudice. A separate judgment will be issued. Ordered by Judge Richard G. Kopf. (Copy mailed to pro se party)(LKH) Civil Case 4:08-cv-03238-RGK closed.
December 30, 2008
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JUDGMENT as to LaAnthony Cletae Cain (1). IT IS ORDERED that judgment is entered for the United States of America and against LaAnthony Cletae Cain providing that he shall take nothing and his motion under 28 U.S.C. § 2255 is denied with prejudice. Ordered by Judge Richard G. Kopf. (Copy mailed to pro se party)(LKH)
February 10, 2009
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ORDER-Although no motion seeking a sentence reduction under the changed Guidelines has been filed, I am now in receipt of a Retroactive Sentencing Worksheet prepared by a probation officer that suggests that Cain is entitled to a sentence reduction should such a motion be filed. Accordingly, IT IS ORDERED that: 1. The Retroactive Sentencing Worksheet shall be filed in the court file and copies provided to the Federal Public Defender and the AUSA assigned to this case. 2. The parties are advised that I will take no further action on this matter unless and until a motion is filed. 3. The Clerk shall mail a copy of this memorandum and order and copy of the Retroactive Sentencing Worksheet to Mr. Cain at his last known address. Ordered by Judge Richard G. Kopf. (Copies mailed as directed)(LKH)
March 6, 2009
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MEMORANDUM AND ORDER as to LaAnthony Cletae Cain. No later than April 20, 2009, 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. No later May 6, 2009, counsel of record shall confer and file a Stipulation or request a telephone conference as to defendant LaAnthony Cletae Cain. Ordered by Judge Richard G. Kopf. (GJG) (Copy provided as directed).
March 9, 2009
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MEMORANDUM AND ORDER - The defendant's motion for certificate of appealability (filing 83) is denied; a certificate of appealability will not issue in this case. The defendant's motion to proceed in forma pauperis on appeal (filing 84 ) is granted. The clerk of the court shall transmit a copy of this memorandum and order to the United States Court of Appeals for the Eighth Circuit as to LaAnthony Cletae Cain.Ordered by Judge Richard G. Kopf. (Copy mailed to pro se party)(GJG)
March 19, 2009
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MEMORANDUM AND ORDER as to LaAnthony Cletae Cain. The "Retroactive Sentencing Worksheet" shall be filed. It does not need to be sealed. The Clerk shall provide a copy of the "Retroactive Sentencing Worksheet" to Mr. Stickman and Ms. Fullerton. The Clerk shall mail a copy of the "Retroactive Sentencing Worksheet" to Mr. Cain at his last known address. Ordered by Judge Richard G. Kopf. (Copy mailed to pro se party)(GJG)
April 7, 2009
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ORDER as to LaAnthony Cletae Cain. I am prepared to rule on the pending motion to reduce the defendant's sentence pursuant to the amended and retroactive "crack" Guidelines. I am inclined to reduce the defendant's sentence to 235 months in prison which is the maximum reduction allowed under the amendments. I am not, however, inclined to go below that sentence despite the defendant's request. The foregoing said, I will wait to rule because the defendant has a pending appeal regarding the denial of his sec. 2555 motion and I do not want to interfere with the appeal. Therefore,IT IS ORDERED that my chambers shall call this case to my attention once the Court of Appeals has ruled on the pending appeal. The Clerk shall provide the Court of Appeals with a copy of this memorandum and order. Ordered by Judge Richard G. Kopf. ( KLL, )
July 10, 2009
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ORDER REGARDING MOTION FOR SENTENCE REDUCTION PURSUANT TO 18:3582(c)(2) - granting 79 motion to reduce sentence pursuant to crack cocaine Amendment 706 and joint stipulation filing 94. The defendant's previously imposed sentence of imprisonment (as reflected in the last judgment issued) is reduced from 292 months to 235 months. Except as provided above, all provisions of the judgment dated 9/26/2006 shall remain in effect. Effective date: 7/10/2009 as to defendant LaAnthony Cletae Cain. Ordered by Judge Richard G. Kopf. (1 Certified Copy to USM and Copy mailed to pro se party)(GJG)
July 22, 2009
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ORDER regarding Notice of Appeal to USCA, 98 as to defendant LaAnthony Cletae Cain. No order will be entered in this direct criminal appeal, and the party is permitted to proceed on appeal in forma pauperis. Ordered by Judge Richard G. Kopf. (JAB)
March 30, 2010
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MEMORANDUM AND ORDER - The defendant's motion for certificate of appealability 121 is denied. A certificate of appealability will not issue in this case. The defendant's motion for leave to proceed in forma pauperis on appeal 122 is granted. The clerk of the court shall transmit a copy of this memorandum and order to the United States Court of Appeals for the Eighth Circuit, as to LaAnthony Cletae Cain. Ordered by Judge Richard G. Kopf. (Copy mailed to pro se party)(JAE)
February 2, 2011
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ORDER denying 137 Motion for Leave as to LaAnthony Cletae Cain (1) Ordered by Judge Richard G. Kopf. (Copy mailed to defendant)( ADB, )
March 2, 2011
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MEMORANDUM AND ORDER -The Clerk of the United States District Court for the District of Nebraska shall file the materials submitted to the Clerk and docket them as a petition for writ of mandamus. The District Court Clerk shall forward to the United States Court of Appeals for the Eighth Circuit a copy of this order and a copy of the petition for writ of mandamus. The District Court Clerk shall not treat the petition for writ of mandamus as a pending motion and the undersigned will take no further action regarding it as to defendant LaAnthony Cletae Cain. Ordered by Judge Richard G. Kopf. (Copies mailed to pro se party and as directed)(MKR)
March 7, 2011
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MEMORANDUM AND ORDER as to LaAnthony Cletae Cain. In response to the clerk's memo (filing 143), because the defendant's notice of appeal (filing 141) appears timely, no "excusable neglect" ruling will be made. A certificate of appealability will not issue in this § 2255 proceeding. The defendant's motion for leave to proceed in forma pauperis on appeal (filing 142) is granted. The clerk of the court shall transmit a copy of this memorandum and order to the United States Court of Appeals for the Eighth Circuit. Ordered by Judge Richard G. Kopf. (Copy mailed to pro se party; transmitted to USCA 8th Circuit)(GJG)
May 18, 2012
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MEMORANDUM AND ORDER as to defendant LaAnthony Cletae Cain. Pursuant to General Order No.2011-12, the Federal Public Defender (or his nominee) is herewith appointed to represent the defendant. The Clerk's office shall provide the Federal Public Defender and the defendant with a copy of this order. Appointed counsel shall promptly enter an appearance. The probation office has already provided a "Retroactive Sentencing Worksheet" to the undersigned. If counsel do not have a copy, counsel should contact the probation office to obtain one. No later than June 22, 2012, counsel shall confer and proceed as outlined in this Memorandum and Order. The Clerk shall provide a copy of this Memorandum and Order to counsel and to the defendant at his or her last known address. Ordered by Senior Judge Richard G. Kopf. (Copies provided as directed)(GJG)
June 8, 2012
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ORDER REGARDING MOTION FOR SENTENCE REDUCTION PURSUANT TO 18USC3582(c)(2)as to defendant LaAnthony Cletae Cain. Upon motion of the court, the defendant's previously imposed sentence of 235 months is reduced to 188 months. Effective date 6/8/12. Except as otherwise provided, all provisions of the judgment entered 9/26/06 and 7/10/09 shall remain in effect. Ordered by Senior Judge Richard G. Kopf. (ADB) Modified on 6/8/12 to add attachment and restricted language # (1) Restricted Attachment: ACCESS TO THE PDF DOCUMENT IS RESTRICTED TO CASE PARTICIPANTS AND THE COURT PURSUANT TO THE E-GOVERNMENT ACT AND FEDERAL RULE OF CRIMINAL PROCEDURE 49.1(a). ALL COUNSEL OF RECORD IN MULTI-DEFENDANT CASES MAY ACCESS THIS DOCUMENT.) (ADB).
June 22, 2012
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ORDER permitting defendant to appeal in forma pauperis as to defendant LaAnthony Cletae Cain. Ordered by Senior Judge Richard G. Kopf. (GJG)
September 30, 2014
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ORDER denying 188 Motion to Quash as to LaAnthony Cletae Cain (1). Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (JSF)
August 27, 2015
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ORDER REDUCING SENTENCE - USSC Amendment as to LaAnthony Cletae Cain. Filing Nos. 193 and 194 are granted. The defendant's previously imposed sentenced of imprisonment of 292 months is reduced to 151 months. Except as otherwise provided, all provisions of the judgment dated 9/26/2006 shall remain in effect. The defendant shall not be released any earlier than 11/1/2015. Ordered by Senior Judge Richard G. Kopf. (1 Certified copy to USM) (KMG)
June 29, 2017
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ORDER APPOINTING COUNSEL - The Federal Public Defender for the District of Nebraska is appointed to represent the defendant in this matter as to defendant LaAnthony Cletae Cain. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
June 29, 2017
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RELEASE ORDER as to defendant LaAnthony Cletae Cain. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
July 18, 2017
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ORDER of Detention pending revocation as to defendant LaAnthony Cletae Cain. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
December 6, 2017
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JUDGMENT for Revocation of Supervised Release as to defendant LaAnthony Cletae Cain. Defendant admitted guilt to allegation 1 of the amended petition for offender under supervision 209 and is sentenced to the custody of the Bureau of Prisons for a term of Time Served followed by 54 months supervised release with special conditions, and pay $100 (Paid) special assessment. Allegation 2 of the amended petition 209 and the petition 198 are dismissed without prejudice on the motion of the United States. Defendant remanded to the custody of the United States Marshal. Ordered by Senior Judge Richard G. Kopf. (1 Certified copy to USM) (CS)