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06-3097 - USA v. Park


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06-3097 - USA v. Park
June 27, 2006
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ORDER APPOINTING COUNSEL - Michael J. Hansen appointed as counsel as to defendant Thomas Park signed by Magistrate Judge David L. Piester on 6/27/2006. (SED)
June 27, 2006
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ORDER of Detention pending trial as to defendant Thomas Park signed by Magistrate Judge David L. Piester on 6/27/2006. (SED)
August 10, 2006
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ORDER as to defendant Thomas Park. ***Change of Plea Hearing set for 10/19/2006 01:30 PM in Courtroom 2 (Lincoln) before Magistrate Judge David L. Piester; XT excludable started 8/10/2006-10/19/2006; termed 9/5/2006 trial date. Signed by Judge Richard G. Kopf on 8/10/2006. (KLL, )
August 29, 2006
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MEMORANDUM AND ORDER - The previous order of release, filing 17 is revoked,and the defendant shall be detained in the custody of the United States Marshal until further order of the court. The pretrial services officer is directed to arrange a psychological evaluation and to provide a copy of the evaluationto the court only as to defendant(s) Thomas Park. Ordered by Magistrate Judge David L. Piester. Certified copy to USM and Copy to PTS. (GJG, )
October 19, 2006
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ORDER - There being no objection by the plaintiff, IT IS ORDERED that: Thomas Park's oral motion in open court on October 19, 2006, 28 to release compliance bond, is granted. The Clerk of Court shall refund the $1,000 cash bond and send same to Sheryl Park at 610 Glenhaven Dr., Lincoln, NE, 68505. The Clerk of Court shall mail a copy of this order to Thomas Park. Ordered by Magistrate Judge David L. Piester. Copy to Financial and a hard copy to attorney Michael Hansen with a request to forwarded to Mr. Parks. (GJG, )
October 23, 2006
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ORDER sustaining 36 Motion for Preliminary Forfeiture as to Thomas Park (1). Based upon Count II of the Indictment and the Defendant's plea of guilty, theUnited States Immigration and Customs Enforcement for the District of Nebraska ("ICE") is hereby authorized to seize the described property. Defendant's interest in said property is hereby forfeited to the United States of Americafor disposition in accordance with the law. Upon adjudication of all third-party interests, this Court will enter a Final Order of Forfeiture pursuant to 18 U.S.C., 2253, in which all interests will be addressed. (CC to USM and USA) Ordered by Judge Richard G. Kopf.(JAR)
November 28, 2006
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MEMORANDUM AND ORDER -The evaluation report shall be released to counsel andthe probation officer at or after the close of business on November 30, 2006. Any motion to stay this order pending appeal shall be filed and brought to the attention of the undersigned at or before 3:00 p.m. on November 30, 2006 as to defendant Thomas Park. Ordered by Magistrate Judge David L. Piester.(GJG, )
December 21, 2006
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TENTATIVE FINDINGS OF FACT regarding Revised Presentence Investigation Report and Addendum as to defendant Thomas Park. It is ordered that: (1) I sustain the objections to the two level enhancement for distribution of child pornography. "Distribution" under U.S.S.G. section 2G2.2(b)(3)(F) requires proof that the defendant had knowledge that dissemination of a pornographic image was threatened by his or her behavior. See U.S.S.G. section 2G2.2(b)(3)(F)&n. 1 (definition of "distribution"; giving examples, including possession with "intent to distribute... material involving the sexual exploitation of a minor.") (Emphasis added). I agree with the probation officer that, normally, saving a pornographic image to a file sharing program would be enough to prove the requisite degree of knowledge. Id. (Giving as an example of "distribution," "posting material involving the sexual exploitation of a minor on a website for public viewing....") However, the defendant asserts, and the government does not dispute, that "Park's knowledge of computers is very limited" and he "believed he was actually downloading this material, but did not realize others had access to the material on his hard drive." (Filing 43 (Brief).) Undisputed psychological testing lends credence to this assertion. That is, there is evidence from testing that Park's "thinking and mental processing appeared disorganized...." (PSR paragraph 79.) Since the government has not indicated a desire to put on proof of "knowledge," and there is a good reason to think that the defendant lacked "knowledge," I will save us all some time. (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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FINAL ORDER OF FORFEITURE sustaining 46 Motion for Final Forfeiture as to Thomas Park (1). All right, title and interest in and to the subject property held by any entity, is herby forever barred and foreclosed. The United States Immigration and Customs Enforcement for the District of Nebraska is directed to dispose of said property in accordance with law. Ordered by Judge Richard G. Kopf. Certified copy to USM. (GJG, )
January 8, 2007
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JUDGMENT as to Thomas Park (1), Defendant pleaded guilty to Count I of the indictment and is committed to the custody Bureau of Prisons for 97 months; 3 years supervised release with special conditions; $100 special assessment. Final order of forfeiture filed on 1/5/07 as to Count II of the indictmentas to defendant Thomas Park. Defendant remanded to the custody of the USM. Ordered by Judge Richard G. Kopf. 4 certified copies to USM.(CCB)
March 13, 2008
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MEMORANDUM AND ORDER denying 54 and 55 Motions to Vacate (2255) as to Thomas Park (1). A separate judgment will be entered. Ordered by Judge Richard G. Kopf. (Copy mailed to pro se party)(JAB) Civil Case 4:08-cv-03008-RGK closed.
March 13, 2008
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JUDGMENT regarding Memorandum and Order denying Motion for 225556 as to Thomas Park (1). Judgment is entered for the United States of Americaand against Thomas Park providing that he shall take nothing and his motionpursuant to section 2255 is dismissed with prejudice. Ordered by Judge Richard G. Kopf. (Copy mailed to pro se party)(JAB)