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06-3052 - USA v. Garlewicz


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06-3052 - USA v. Garlewicz
March 29, 2006
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ORDER APPOINTING COUNSEL - as to defendant(s) David M. Garlewicz. Signed by Magistrate Judge David L. Piester on 3/29/2006. (GJG, )
April 26, 2006
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ORDER that an evidentiary hearing on defendant's motion to suppress evidence, filing 13, will be held before the undersigned on May 23, 2006 beginning at 9:00 a.m. in Courtroom #2, United States Courthouse and Federal Building, 100 Centennial Mall North, Lincoln, Nebraska. The court has set aside two hours forthis hearing. The defendant, defendant's counsel, and counsel for the government shall be present at this hearing. Pursuant to NECrimR 12.5, copies of all exhibits expected to be offered into evidence during the hearing, exceptthose to be used for impeachment only, shall be delivered to the chambers of the undersigned at least twenty-four (24) hours before the hearing and, at the outset of the hearing, to the extent reasonably possible, the parties shall provide the undersigned and the courtroom deputy with a written list of allwitnesses the parties expect to call. As to all defendants, the trial of this case is continued until further order of the court following resolutionof outstanding motions as to defendant David M. Garlewicz. Signed by Magistrate Judge David L. Piester on 4/26/2006. (CS, )
May 15, 2006
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ORDER granting 16 Motion to Continue Suppression Hearing as to David M. Garlewicz (1). IT IS THEREFORE ORDERED that the defendant's suppression hearing shall becontinued until the 24th day of May, 2006, at 1:00 p.m. The defendant is ordered to appear at said time. This Court further finds that, based upon the showing set forth in defendant's Motion, the ends of justice will be served by continuing defendant's suppression hearing; and that continuing the suppression hearing in this case outweighs the best interest of the defendant and the public in a speedy trial. Accordingly, the time between May 23, 2006, and the date next set shall be excluded for speedy trial calculation purposes. Evidentiary Hearing set for 5/24/2006 01:00 PM in Courtroom 2 (Lincoln) before Magistrate Judge David L. Piester. Signed by Magistrate Judge David L. Piester on 5/15/2006. (JAR)
June 9, 2006
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REPORT, RECOMMENDATION AND ORDER - It is Recommended to the Hon. Richard G.Kopf, United States District Judge, pursuant to 28 U.S.C. 21 636(b)(1)(B), that the defendant's motion to suppress, filing 13, be granted in part and denied in part as follows: a. The defendant's post-arrest statements made in responseto interrogation by Officer McCarty on October 20, 2005 be suppressed; andb. The defendant's statements to Officer McCarty made on November 3, 2005 not be suppressed. The parties are notified that a failure to object to thisrecommendation 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. onAugust 21, 2006 for a duration of four trial days before the Honorable Richard G. Kopf. Jury selection will be at the commencement of trial as to defendant David M. Garlewicz. Signed by Magistrate Judge David L. Piester on 6/9/2006. (CS, )
July 6, 2006
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MEMORANDUM AND ORDER regarding Motion to Suppress13. IT IS ORDERED that: 1. Magistrate Judge Piester's report and recommendation (filing 22) is adopted; 2. Defendant's objections to the report and recommendation (filing 24) are denied; and 3. Defendant's motion to suppress (filing 13) is granted in part and denied in part, as follows: a. The motion is granted with respect to any post-arrest statements that were made by Defendant in response interrogation by Officer McCarty on October 20, 2005. b. In all other respects, the motion is denied. Signed by Judge Richard G. Kopf on 7/6/2006. (JAR)
July 27, 2006
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ORDER granting 27 Oral Motion as to David M. Garlewicz (1). IT IS ORDERED, 1. Defendant's change of plea hearing is scheduled before the undersigned on August 24, 2006 at 11:00 a.m. in 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 for purposes of computing the limits under the Speedy Trial Act. Signed by Magistrate Judge David L. Piester on 7/27/2006. (JAR)
August 25, 2006
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ORDER The joint oral motion of counsel is granted. The change of plea hearing is continued to September 20, 2006 at 3:30 p.m. The time between August 23, 2006 and September 20, 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). The defendant shall be present at the hearing as to David M. Garlewicz (1). Change of Plea Hearing set for 9/20/2006 03:30 PM in Courtroom 2 (Lincoln) before Magistrate Judge David L. Piester. Ordered by Magistrate Judge David L. Piester (GJG, )
November 30, 2006
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TENTATIVE FINDINGS OF FACT regarding Presentence Investigation Report as to defendant David M. Garlewicz. It is ordered that: (1) The defendant's motion for departure 39 regarding inculpatory statements increasing the Guidelines ranges will 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, )
January 4, 2007
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ORDER as to defendant David M. Garlewicz. ***Sentencing reset to 1/22/2007 01:00 PM in Courtroom 1 (Lincoln) before Judge Richard G. Kopf. Ordered by Judge Richard G. Kopf.(KLL, )
January 23, 2007
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JUDGMENT as to defendant David M. Garlewicz (1): 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 fifty-one (151) months, followed by four (4) years of Supervised Release with special conditions, and ordered to pay a $100.00 special assessment. 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. Ordered by Judge Richard G. Kopf. (4 CC to USM)(JAR)
January 24, 2007
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ORDER regarding Notice of Appeal to USCA50 as to defendant David M. Garlewicz. 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)
March 12, 2007
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ORDER granting 64 Motion for Release of Bond as to David M. Garlewicz (1). IT IS ORDERED that Defendant Garlewicz's motion to release appearance andcompliance bond (filing 64) is granted. The Clerk of Court shall refund and return the $2,000 cash bond deposit to David Garlewicz. Ordered by Judge Richard G. Kopf. (Copy to Financial)(JAR)
June 18, 2008
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ORDER as to defendant David M. Garlewicz. It is ordered that: (1) Counsel for the government shall notify the court when the motion for reduction in sentence pursuant to Rule 35(b) 74 is ripe for decision. The motion shall not be decided until counsel for the government certifies that the motion is ripe; (2) 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; (3) The Federal Public Defender shall provide CJA counsel with a new voucher; (4) 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. Ordered by Judge Richard G. Kopf. (KLL, )
December 16, 2008
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ORDER as to defendant David M. Garlewicz. It is ordered that: (1) The government's request for hearing 76 is granted. (2) A hearing on the government's motion for reduction of sentence pursuant to Rule 35(b) 74 has been set before the undersigned United States district judge on Monday, December 22, 2008, at 11:30 a.m., in Courtroom No. 1, United States Courthouse and Federal Building, 100 Centennial Mall North, Lincoln, Nebraska. (3) At the request of the defendant through his counsel, the defendant will participate in the hearing by telephone. (4) The Marshal is directed not to return the defendant to the district. (5) The defendant is held to have waived his right to be present. Ordered by Judge Richard G. Kopf. (KLL, )
December 22, 2008
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AMENDED JUDGMENT (Reduction of Sentence) as to David M. Garlewicz. The defendant pleaded guilty to Count I of the indictment and the defendant's sentence of imprisonment is reduced from the original sentence to a term of eighty-four (84) months, followed by four (4) years of Supervised Release with special conditions; $100.00 (PAID) Special Assessment as to defendant David M. Garlewicz. Ordered by Judge Richard G. Kopf. (1 Certified copy to USM)(GJG, )