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06-3040 - USA v. Loya et al


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06-3040 - USA v. Loya et al
March 3, 2006
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ORDER APPOINTING COUNSEL - Michael J. Hansen and Chad J. Wythers appointed as counsel as to defendant Jose Lopez Loya signed by Magistrate Judge David L. Piester on 3/3/2006. (SED)
March 3, 2006
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ORDER authorizing Chad J. Wythers as a Criminal Justice Act Training Panel Member to assist the Federal Public Defender in representing the defendant Jose Lopez Loya signed by Magistrate Judge David L. Piester on 3/3/2006. (SED)
March 3, 2006
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ORDER of Detention pending trial as to defendant Jose Lopez Loya signed by Magistrate Judge David L. Piester on 3/3/2006. (SED)
March 3, 2006
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ORDER APPOINTING COUNSEL - David F. Eaton appointed as counsel as to defendant Noe Gustavo Chavez Loya signed by Magistrate Judge David L. Piester on 3/3/2006. (SED)
March 3, 2006
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ORDER of Detention pending trial as to defendant Noe Gustavo Chavez Loya signed by Magistrate Judge David L. Piester on 3/3/2006. (SED)
March 30, 2006
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ORDER regarding 17 Motion to Suppress as to Jose Lopez Loya (1) and regarding 19 Motion as to Noe Gustavo Chavez Loya (2). An evidentiary hearing on defendant Jose Lopez Loya's motion to suppress evidence, filing 17, joined by defendant Noe Gustavo Chavez Loya, filing 19, will be held before the undersigned on April 17, 2006 beginning at 1:00 p.m. in Courtroom #2, United States Courthouse and Federal Building, 100 Centennial Mall North, Lincoln, Nebraska. The defendants, defendants' counsel, and counsel for the government shall be present at this hearing. As to all defendants, the trial of this case is continued until further order of the court following resolution of outstanding motions. Signed by Magistrate Judge David L. Piester on 3/30/2006. (JAR)ORDER regarding 17 Motion to Suppress as to Jose Lopez Loya (1) and regarding 19 Motion as to Noe Gustavo Chavez Loya (2). An evidentiary hearing on defendant Jose Lopez Loya's motion to suppress evidence, filing 17, joined by defendant Noe Gustavo Chavez Loya, filing 19, will be held before the undersigned on April 17, 2006 beginning at 1:00 p.m. in Courtroom #2, United States Courthouse and Federal Building, 100 Centennial Mall North, Lincoln, Nebraska. The defendants, defendants' counsel, and counsel for the government shall be present at this hearing. As to all defendants, the trial of this case is continued until further order of the court following resolution of outstanding motions. Signed by Magistrate Judge David L. Piester on 3/30/2006. (JAR)
April 4, 2006
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ORDER granting 21 Motion to Continue as to Jose Lopez Loya (1). THIS MATTER comes before the Court on the Unopposed Motion to Continue Evidentiary Hearing filed by defendant Jose Lopez Loya, filing 21, from April 17, 2006, to a date certain during the week of May 1, 2006. The Court, being fully advised in thepremises, and noting that the Government has no objection, finds that said motion should be granted. IT IS THEREFORE ORDERED that the evidentiary hearing as to both defendants shall be continued in the above captioned matter to the 3rd day of May, 2006 at 9:30 a.m. The defendants are ordered to appear at said date and time. Evidentiary Hearing set for 5/3/2006 09:30 AM in Courtroom 2 (Lincoln) before Magistrate Judge David L. Piester. Signed by Magistrate Judge David L. Piester on 4/4/2006. (JAR)
April 26, 2006
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ORDER granting 23 Motion to Continue Suppression Hearing as to defendants Jose Lopez Loya (1) and Noe Gustavo Chavez Loya (2). Upon consideration of the Unopposed Motion to Continue Hearing on Motion to Suppress, filing 23, IT IS ORDERED that the Motion is granted and the motion to suppress hearing is continued until May 9, 2006 at 1:30 p.m., and will be held in Courtroom No. 2 of the U.S.Courthouse, 100 Centennial Mall North, Lincoln, Nebraska. Defendants shall be present for the hearing. Signed by Magistrate Judge David L. Piester on 4/26/2006. (JAR)ORDER granting 23 Motion to Continue Suppression Hearing as to defendants Jose Lopez Loya (1) and Noe Gustavo Chavez Loya (2). Upon consideration of the Unopposed Motion to Continue Hearing on Motion to Suppress, filing 23, IT IS ORDERED that the Motion is granted and the motion to suppress hearing is continued until May 9, 2006 at 1:30 p.m., and will be held in Courtroom No. 2 of the U.S.Courthouse, 100 Centennial Mall North, Lincoln, Nebraska. Defendants shall be present for the hearing. Signed by Magistrate Judge David L. Piester on 4/26/2006. (JAR)
May 8, 2006
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ORDER granting 25 Motion to Continue Suppression Hearing as to Jose Lopez Loya (1), Noe Gustavo Chavez Loya (2). The motion to suppress hearing is continued until June 5, 2006 at 1:30 p.m., and will be held in Courtroom No. 2 of the U.S.Courthouse, 100 Centennial Mall North, Lincoln, Nebraska. Signed by Magistrate Judge David L. Piester on 5/8/2006. (JAR)ORDER granting 25 Motion to Continue Suppression Hearing as to Jose Lopez Loya (1), Noe Gustavo Chavez Loya (2). The motion to suppress hearing is continued until June 5, 2006 at 1:30 p.m., and will be held in Courtroom No. 2 of the U.S.Courthouse, 100 Centennial Mall North, Lincoln, Nebraska. Signed by Magistrate Judge David L. Piester on 5/8/2006. (JAR)
June 16, 2006
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REPORT, RECOMMENDATION, AND ORDER to the Hon. Warren K. Urbom, United States Senior District Judge, that MOTIONS to Suppress 17 and 19 be denied in all respcts, as to defendants Jose Lopez Loya and Noe Gustavo Chavez Loya. The parties are notified that failure to object to this recommendation as provided in the local rules may result in a waiver of the right to appeal the trial judge's adoption of the recommendation. FURTHER, IT HEREBY IS ORDERED, Trial of this case is scheduled to commence at 9:00 a.m. on August 7, 2006 in Courtroom#4, United States Courthouse, Lincoln, Nebraska. Trial is scheduled for a duration of three trial days. Signed by Magistrate Judge David L. Piester on 6/16/2006. (JAR)REPORT, RECOMMENDATION, AND ORDER to the Hon. Warren K. Urbom, United States Senior District Judge, that MOTIONS to Suppress 17 and 19 be denied in all respcts, as to defendants Jose Lopez Loya and Noe Gustavo Chavez Loya. The parties are notified that failure to object to this recommendation as provided in the local rules may result in a waiver of the right to appeal the trial judge's adoption of the recommendation. FURTHER, IT HEREBY IS ORDERED, Trial of this case is scheduled to commence at 9:00 a.m. on August 7, 2006 in Courtroom#4, United States Courthouse, Lincoln, Nebraska. Trial is scheduled for a duration of three trial days. Signed by Magistrate Judge David L. Piester on 6/16/2006. (JAR)
July 26, 2006
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ORDER adopting with the exception of the finding that Chavez Loya consented to the search of the vehicle 35 Report and Recommendations as to Jose Lopez Loya (1), Noe Gustavo Chavez Loya (2); sustaining in part and overruling in part 41 Objection to Report and Recommendation as to Jose Lopez Loya (1); denying 17 Motion to Suppress as to Jose Lopez Loya (1); sustaining in part and overruling in part 37 Objection to Report and Recommendation as to Noe Gustavo Chavez Loya (2); denying 19 Motion as to Noe Gustavo Chavez Loya (2). Signed by Judge Warren K. Urbom on 7/26/2006. (EJL, )ORDER adopting with the exception of the finding that Chavez Loya consented to the search of the vehicle 35 Report and Recommendations as to Jose Lopez Loya (1), Noe Gustavo Chavez Loya (2); sustaining in part and overruling in part 41 Objection to Report and Recommendation as to Jose Lopez Loya (1); denying 17 Motion to Suppress as to Jose Lopez Loya (1); sustaining in part and overruling in part 37 Objection to Report and Recommendation as to Noe Gustavo Chavez Loya (2); denying 19 Motion as to Noe Gustavo Chavez Loya (2). Signed by Judge Warren K. Urbom on 7/26/2006. (EJL, )
July 27, 2006
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ORDER granting 46 Oral Motion as to Noe Gustavo Chavez Loya (2). This case, insofar as it concerns this defendant, is removed from the trial docket based upon the request of the defendant. A hearing on the defendant's anticipated plea of guilty is scheduled before Magistrate Judge Piester on the 18th day of August, 2006, at the hour of 11:00 a.m., in Courtroom No. 2, United States Courthouse and Federal Building, 100 Centennial Mall North, Lincoln, Nebraska. 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. Defendant shall appear for this hearing. Signed by Magistrate Judge David L. Piester on 7/27/2006. (JAR, )
July 27, 2006
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ORDER granting 48 Oral Motion to Enter Plea of Guilty as to Jose Lopez Loya (1). IT IS ORDERED, 1. Defendant's change of plea hearing is scheduled before the undersigned on August 24, 2006 at 10:30 a.m. Courtroom #2, United States Courthouse, Lincoln, Nebraska. 2. For this defendant, the time between today's date and the hearing on the anticipated plea of guilty is excluded forpurposes of computing the limits under the Speedy Trial Act. Signed by Magistrate Judge David L. Piester on 7/27/2006. (JAR)
August 14, 2006
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ORDER by Judge David L. Piester as to defendant Noe Gustavo Chavez Loya. Change of Plea Hearing set for 8/24/2006 01:00 PM in Courtroom 2 (Lincoln) before Magistrate Judge David L. Piester. The time between today's date and thehearing on the anticipated plea of guilty is excluded forpurposes of computing the limits under the Speedy Trial Act. (JAE, )
August 22, 2006
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ORDER that the joint oral motion of counsel is granted and, the change of plea hearing is continued to September 22, 2006 at 11:30 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. See 18 U.S.C. 3161(h)(1)(I)&(h)(8)(A)(B). The defendant shall be present at the hearing as to Noe Gustavo Chavez Loya (2). Ordered by Magistrate Judge David L. Piester (CS, )
August 23, 2006
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ORDER that the joint oral motion of counsel is granted and, the change of plea hearing is continued to September 20, 2006 at 3:00 p.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.See 18 U.S.C. 3161(h)(1)(I)&(h)(8)(A)(B). The defendant shall be present at the hearing as to Jose Lopez Loya (1). Ordered by Magistrate Judge David L. Piester (CS, )
September 14, 2006
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ORDER granting 55 Oral Motion as to Noe Gustavo Chavez Loya (2). The joint oral motion of counsel to continue the plea hearing is granted, and the change of plea hearing is continued from September 22, 2006 to October 5, 2006 at 11:00 a.m. before the undersigned magistrate judge in Courtroom 2, United StatesCourthouse 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 requirementsof the Speedy Trial Act. Defendant shall appear at the hearing. Ordered by Magistrate Judge David L. Piester.(JAR)
September 19, 2006
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ORDER granting 57 Oral Motion as to Jose Lopez Loya (1). The joint oral motion of counsel to continue is granted and the change of plea hearing is continued from September 20, 2006 to October 4, 2006 at 2:30 p.m. before the undersigned magistrate judge in Courtroom 2, United States Courthouse andFederal Building, 100 Centennial Mall North, Lincoln, Nebraska. 2. The ends of justice will be served by granting such a motion, and outweigh the interests of the public and the defendant in a speedy trial, and the additional time arising as a result of the granting of the motion, 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. 3. Defendant shall appear at the hearing. Ordered by Magistrate Judge David L. Piester.(JAR)
September 27, 2006
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ORDER granting 59, Oral Motion as to Noe Gustavo Chavez Loya (2). Change of Plea Hearing continued to 10/20/2006 at 1:00 PM in Courtroom 2 (Lincoln) before Magistrate Judge David L. Piester. Speedy Trial Excludable started. Ordered by Magistrate Judge David L. Piester.(CAR)
October 4, 2006
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ORDER that the joint oral motion of counsel is granted and, the change of plea hearing is continued to October 18, 2006 at 3:30 p.m. The ends of justice will be served by granting such a motion, and outweigh the interests of the public and the defendant in a speedy trial, and the additional time arising as a result of the granting of the motion, 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, for the reason that defendant's counsel requires additional time to adequately prepare the case, taking into consideration due 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). The defendant shall be present at the hearing as to Jose Lopez Loya (1). Ordered by Magistrate Judge David L. Piester.(CS, )
October 13, 2006
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ORDER granting 63 Motion to Withdraw as Attorney as to Noe Gustavo Chavez Loya (2). Time between 10/13/06 and 11/13/06 shall be excluded from the calculation of speedy trial time for that it is more important for the defendant to be represented by an attorney who is fully informed and prepared for trial than it is for the defendant to have a speedy trial, and that failure to extend the trial date might result in a miscarriage of justice. The change of plea hearing that was set for 10/20/06 is cancelled as ordered by Magistrate Judge David L. Piester.(SED)
November 8, 2006
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ORDER granting 74 Oral Motion as to Noe Gustavo Chavez Loya (2). This case, insofar as it concerns this defendant, is removed from the trial docket based upon the request of the defendant; a hearing on the defendant's anticipated plea of guilty is scheduled before the undersigned on November 21, 2006, at 10:00 a.m., in Courtroom No. 4, United States Courthouse, 100 Centennial Mall North, Lincoln, Nebraska; on or before the date set for the plea proceeding, counsel for the plaintiff and for the defendant shall provide to the assigned probation officer their respective versions of the offense for purposes of preparing the presentence investigation report; the court finds that the interests of the public and the defendant in a speedy trial are outweighed by the ends of justice in having counsel fully prepared and the defendant fully advised on the disposition of this matter. 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, to allow counsel and the defendant to finalize their plea agreement and the petition to enter a plea of guilty, submit them to the court, and prepare their respective versions of the offense for submission at the plea hearing. See 18 U.S.C. Section 3161(h)(8)(A) and (B)(i) and (iv); and the defendant shall be present at this hearing. Ordered by Judge Warren K. Urbom.(EJL, )
November 17, 2006
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ORDER - Upon defendant Loya's oral motion 76 to enter a change of plea and request for change of plea hearing before the undersigned, IT IS ORDERED, Defendant's change of plea hearing is scheduled before the undersigned on December 8, 2006 at 9:00 a.m. in Courtroom #2, United States Courthouse, Lincoln, Nebraska. 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. section 3161(h)(1)(I)&(h)(8)(A)(B). Change of Plea Hearing set for 12/8/2006 09:00 AM in Courtroom 1 (Lincoln) before Magistrate Judge David L. Piester. Ordered by Magistrate Judge David L. Piester.(GJG )
December 7, 2006
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ORDER granting 78 Oral Motion as to Noe Gustavo Chavez Loya (2). Change of Plea Hearing set for 12/19/2006 at 03:00 PM in Courtroom 2 (Lincoln) before Magistrate Judge David L. Piester as ordered by Magistrate Judge David L. Piester.(SED)
December 19, 2006
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ORDER that Defendant's motion to continue, filing 81, is granted and the change of plea hearing is continued from December 19, 2006 to January 22, 2007 at 2:00 p.m. before the undersigned magistrate judge in Courtroom 2, United States Courthouse and Federal Building, 100 Centennial Mall North, Lincoln, Nebraska. The ends of justice will be served by granting such a motion, and outweigh the interests of the public and the defendant in a speedy trial, and the additional time arising as a result of the granting of the motion, 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, for the reason that defendant's counsel requires additional time to adequately prepare the case, taking into consideration due diligence of counsel, the novelty and complexity of the case, and the fact that the failure to grantadditional time might result in a miscarriage of justice. 18 U.S.C. 3161(h)(8)(A)&(B). Defendant shall appear at the hearing as to Noe Gustavo Chavez Loya (2). Ordered by Magistrate Judge David L. Piester.(CS, )
December 29, 2006
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ORDER granting 86 Motion to Continue as to Jose Lopez Loya (1). Sentencing set for 1/24/2007 at 12:15 PM in Courtroom 4 (Lincoln) before Senior Judge Warren K. Urbom. Ordered by Judge Warren K. Urbom.(EJL, )
January 3, 2007
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TENTATIVE FINDINGS OF FACT regarding Presentence Investigation Report as to defendant(s) Jose Lopez Loya. Resolution of the objections will be made following the presentation of evidence and oral arguments immediately preceding the sentencing.Ordered by Judge Warren K. Urbom.(EJL, )
January 29, 2007
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ORDER granting 91 Motion to Continue as to Noe Gustavo Chavez Loya (2). Upon consideration of the defendant's motion to continue plea proceeding, IT IS ORDERED, the motion, filing 91, is granted and the plea proceeding is continued until further order of the court. Ordered by Magistrate Judge David L. Piester.(JAR)
January 31, 2007
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ORDER granting 96 Motion to Extend as to Noe Gustavo Chavez Loya (2). The plaintiff is given until February 2, 2007, to file a response to the defendant's Motion to Reopen and to Assert Objections to the Report and Recommendation Concerning Suppression Issues. Ordered by Judge Warren K. Urbom.(EJL)
February 28, 2007
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ORDER denying 89 Motion for Reconsideration as to Noe Gustavo Chavez Loya (2). Ordered by Judge Warren K. Urbom.(EJL)
March 28, 2007
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ORDER as to defendant Noe Gustavo Chavez Loya. The Court has been advised that the defendant requests permission to enter a plea of guilty. IT IS ORDERED that:1. This case, insofar as it concerns this defendant, is removed from the trial docket based upon the oral motion of the defendant that is granted. 2. A hearing on the defendant's anticipated plea of guilty is scheduled before Magistrate Judge Piester on the 2nd day of April, 2007 at the hour of 11:15 a.m. 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. Defendant shall be present for this hearing. Change of Plea Hearing set for 4/2/2007 11:15 AM in Courtroom 2 (Lincoln) before Magistrate Judge David L. Piester. Ordered by Magistrate Judge David L. Piester.(JAR)
May 23, 2007
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ORDER Scheduling Sentencing Hearing as to defendant(s) Jose Lopez Loya. Sentencing set for 6/5/2007 at 12:15 PM in Courtroom 4 (Lincoln) before Senior Judge Warren K. Urbom. The defendant shall be present for the hearing. Ordered by Judge Warren K. Urbom.(EJL)
June 6, 2007
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TENTATIVE FINDINGS OF FACT regarding Presentence Investigation Report as to defendant(s) Noe Gustavo Chavez Loya. Ordered by Judge Warren K. Urbom.(EJL)
June 7, 2007
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JUDGMENT ordered by Senior District Judge Warren K. Urbom as to Jose Lopez Loya (1); Defendant pleaded guilty to Count I of the Indictment and is sentenced to the custody of the Bureau of Prisons for a term of 57 months, followed by 3 years of supervised release with special conditions, and $100.00 special assessment (4 certified copies forwarded to U.S. Marshal).(BMH)
June 22, 2007
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ORDER Continuing Sentencing Hearing until further order of the court as to defendant(s) Noe Gustavo Chavez Loya. Ordered by Judge Warren K. Urbom.(EJL)
June 25, 2007
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ORDER Scheduling Sentencing Hearing for 7/9/2007 at 1:30 p.m. in Courtroom 4 (Lincoln) before Senior Judge Warren K. Urbom as to defendant(s) Noe Gustavo Chavez Loya. Ordered by Judge Warren K. Urbom.(EJL)
July 10, 2007
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JUDGMENT as to defendant Noe Gustavo Chavez Loya (2): Upon guilty plea to Count 1 of the Indictment, the defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a term of one hundred thirty-five (135) months, followed by three (3) years of Supervised Release with special conditions, and ordered to pay a $100.00 Special Asessment. Ordered by Judge Warren K. Urbom. (4 certified copies to USM)(JAB)
July 16, 2007
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ORDER regarding Notice of Appeal to USCA127 as to defendant Noe Gustavo Chavez Loya. 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 Warren K. Urbom.(JAB)
December 15, 2008
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ORDER TO WITHDRAW EXHIBITS OR TO SHOW CAUSE WHY EXHIBITS SHOULD NOT BE DESTROYED as to defendants Jose Lopez Loya and Noe Gustavo Chavez Loya. Pursuant to NECivR 79.1(f) or NECrimR 55.1(g), counsel for government shall either 1) withdraw the following exhibits previously submitted in this matter within 15 calendar days of the date of this order, or 2) show cause why the exhibits should not be destroyed. If counsel fails to withdraw these exhibits as directed or to show cause why the exhibits should not be destroyed, the clerks office is directed to destroy the listed exhibits without further notice to the parties or order from the court. as to defendants Jose Lopez Loya and Noe Gustavo Chavez Loya. Ordered by Senior Judge Warren K. Urbom.( Exhibit Deadline set for 12/30/2008.) (SED)ORDER TO WITHDRAW EXHIBITS OR TO SHOW CAUSE WHY EXHIBITS SHOULD NOT BE DESTROYED as to defendants Jose Lopez Loya and Noe Gustavo Chavez Loya. Pursuant to NECivR 79.1(f) or NECrimR 55.1(g), counsel for government shall either 1) withdraw the following exhibits previously submitted in this matter within 15 calendar days of the date of this order, or 2) show cause why the exhibits should not be destroyed. If counsel fails to withdraw these exhibits as directed or to show cause why the exhibits should not be destroyed, the clerks office is directed to destroy the listed exhibits without further notice to the parties or order from the court. as to defendants Jose Lopez Loya and Noe Gustavo Chavez Loya. Ordered by Senior Judge Warren K. Urbom.( Exhibit Deadline set for 12/30/2008.) (SED)