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06-3102 - USA v. Foster et al


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06-3102 - USA v. Foster et al
September 5, 2006
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ORDER - Defendant's motion to continue, filing 26 is granted and the arraignment on the Superseding Indictment is continued until the next scheduled appearance of the defendant as to Lathon C. Wider Sr. (2). Ordered by Magistrate Judge David L. Piester.(GJG, )
September 5, 2006
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ORDER - Defendant's motion to continue, filing 25 is granted and the arraignment on the Superseding Indictment is continued until the next scheduled appearance of the defendant as to Andranette Foster (1). Ordered by Magistrate Judge David L. Piester.(GJG, )
September 13, 2006
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ORDER that defendant's motion to extend motion deadline and hearing, filing 30, is granted and, the pretrial motion deadline is extended to October 9,2006, and if an evidentiary hearing is necessary, it will be scheduled at a later date. Upon the defendant's statement that a speedy trial waiver will be filed, the court finds that 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 September 13, 2006 and October 9, 2006) 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 ofcounsel, 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. 161(h)(8)(A)&(B) as to Andranette Foster (1). Ordered by Magistrate Judge David L. Piester.(CS, )
September 13, 2006
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ORDER that Defendant's motion to extend motion deadline, filing 32, is granted and, the pretrial motion deadline is extended to October 9, 2006, and if an evidentiary hearing is necessary, it will be scheduled at a later date. 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 September 13, 2006 and October 9, 2006) 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) as to Lathon C. Wider Sr. (2). Ordered by Magistrate Judge David L. Piester.(CS, )
October 6, 2006
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ORDER granting 35 Motion to Withdraw as Attorney by Attorney Michael J. Poepsel as to Lathon C. Wider Sr. (2). Ordered by Magistrate Judge David L. Piester.(JAR)
October 6, 2006
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ORDER granting 39 Motion to Modify Conditions of Release as to Lathon C. Wider Sr. (2). Defendant's motion to modify conditions of release, filing 39, is granted as requested in the motion under the same terms as conditions as previously set. Ordered by Magistrate Judge David L. Piester. (Copy to PTS)(JAR)
October 12, 2006
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ORDER that a joint evidentiary hearing on defendant Wider's motion to suppress evidence, filing 38, and defendant Foster's motion to suppress evidence, filing 43 will be held before the undersigned on December 5, 2006 beginning at 1:00 p.m. in Courtroom #2, United States Courthouse and Federal Building, 100 Centennial Mall North, Lincoln, Nebraska. The court has set aside three hours for this hearing. Defendants, their 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, except those 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 all witnesses the parties expect to call. Defendant Wider's motion for continuance of trial, filing 40 is granted and the trial of this case as to both defendants is continued until further order of the court following resolution of outstanding motions as to Andranette Foster (1) and Lathon C. Wider Sr. (2). Ordered by Magistrate Judge David L. Piester.(CS, )
November 29, 2006
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ORDER that Plaintiff's motion to continue the December 5 suppression hearing, filing 54, is granted and the hearing is continued to January 10, 2007 at 1:30 p.m. for a duration of three hours before the undersigned magistrate judge in Courtroom 2, United States Courthouse and Federal Building, 100 Centennial Mall North, Lincoln, Nebraska. Defendants, their counsel, and counsel for the government shall be present at this hearing as to Andranette Foster (1) and Lathon C. Wider Sr. (2). Ordered by Magistrate Judge David L. Piester.(CS, )ORDER that Plaintiff's motion to continue the December 5 suppression hearing, filing 54, is granted and the hearing is continued to January 10, 2007 at 1:30 p.m. for a duration of three hours before the undersigned magistrate judge in Courtroom 2, United States Courthouse and Federal Building, 100 Centennial Mall North, Lincoln, Nebraska. Defendants, their counsel, and counsel for the government shall be present at this hearing as to Andranette Foster (1) and Lathon C. Wider Sr. (2). Ordered by Magistrate Judge David L. Piester.(CS, )
January 23, 2007
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ORDER granting 62 Motion for Leave as to Andranette Foster (1). Defendant Foster's motion, filing 62, to adopt the supplemental brief of co-defendant Lathon Wider is granted. Ordered by Magistrate Judge David L. Piester.(JAR)
February 22, 2007
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REPORT AND RECOMMENDATION - IT THEREFORE HEREBY IS RECOMMENDED to the Honorable Richard G. Kopf, United States District Judge, pursuant to 28 U.S.C.section 636(b)(1)(B), that the defendants' motions to suppress, filings 38 and 43, be denied in all respects. The parties are notified that a failure to object to this recommendation 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 IS FURTHER HEREBY ORDERED: Trial is set for 9:00 a.m. onMay 7, 2007 for a duration of three trial days before the Honorable Richard G. Kopf. Jury selection will be at the commencement of trial as to defendant(s) Andranette Foster, Lathon C. Wider, Sr. Jury Trial set for 5/7/2007 09:00 AM in Courtroom 1 (Lincoln) before Judge Richard G. Kopf. Ordered by Magistrate Judge David L. Piester.(GJG, )REPORT AND RECOMMENDATION - IT THEREFORE HEREBY IS RECOMMENDED to the Honorable Richard G. Kopf, United States District Judge, pursuant to 28 U.S.C.section 636(b)(1)(B), that the defendants' motions to suppress, filings 38 and 43, be denied in all respects. The parties are notified that a failure to object to this recommendation 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 IS FURTHER HEREBY ORDERED: Trial is set for 9:00 a.m. onMay 7, 2007 for a duration of three trial days before the Honorable Richard G. Kopf. Jury selection will be at the commencement of trial as to defendant(s) Andranette Foster, Lathon C. Wider, Sr. Jury Trial set for 5/7/2007 09:00 AM in Courtroom 1 (Lincoln) before Judge Richard G. Kopf. Ordered by Magistrate Judge David L. Piester.(GJG, )
March 19, 2007
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ORDER as to defendants Andranette Foster and Lathon C. Wider, Sr. It is ordered that: (1) The Magistrate Judge's report and recommendation 70 is adopted; (2) Defendants' objections 71 73 are denied; and (3) Defendants' motions to suppress 38 43 are denied in all respects. Ordered by Judge Richard G. Kopf.(KLL, )ORDER as to defendants Andranette Foster and Lathon C. Wider, Sr. It is ordered that: (1) The Magistrate Judge's report and recommendation 70 is adopted; (2) Defendants' objections 71 73 are denied; and (3) Defendants' motions to suppress 38 43 are denied in all respects. Ordered by Judge Richard G. Kopf.(KLL, )
May 4, 2007
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ORDER as to defendant Andranette Foster. It is ordered that: (1) Defendant Foster's unopposed motion to continue trial 79 is granted. (2) Defendant Foster's case is removed from the undersigned United States District Judge's May 7, 2007 trial docket. (3) This matter is referred to Magistrate Judge Piester to reschedule for trial. (4) The time between today's date and the new trial date is excluded under the Speedy Trial Act and in the interest of justice. See 18 U.S.C. sec. 3161(h)(1)(I)& (h)(8)(A)(B). Ordered by Judge Richard G. Kopf.(KLL, )
May 4, 2007
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ORDER as to defendant Lathon C. Wider, Sr. ***Change of Plea Hearing set for 6/20/2007 01:30 PM in Courtroom 2 (Lincoln) before Magistrate Judge David L. Piester. XT excludable started 5/4/2007-6/20/2007. Termed 5/7/2007 trial date. Defendant's motion to continue trial 80 is denied as moot. Ordered by Judge Richard G. Kopf.(KLL, ) Modified on 5/7/2007 -- hrg. will be held before Judge Piester not Judge Kopf. (KLL, ).
May 4, 2007
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ORDER as to defendant Andranette Foster. Pursuant to the order of the Honorable Richard G. Kopf, filing number 81, IT IS ORDERED: 1. Trial of this matter is rescheduled for June 11, 2007 at 9:00 a.m., for a duration of three days before the Honorable Richard 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 time between May 4, 2007 and June 11, 2007 shall be deemed excludable time in any computation of time under the requirements of the Speedy Trial Act. Jury Trial set for 6/11/2007 09:00 AM in Courtroom 1 (Lincoln) before Judge Richard G. Kopf. Ordered by Magistrate Judge David L. Piester.(JAR)
June 8, 2007
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ORDER - The defendant's motion to continue trial, filing 86 is granted and trial of this matter is continued to 9:00.m. July 23 2007, for a duration of three days before the Honorable Richard 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 time between June 8, 2007 and July 23, 2007 shall be deemed excludable time in any computation of time under the requirements of the Speedy Trial Act. Jury Trial set for 7/23/2007 09:00 AM in Courtroom 1 (Lincoln) before Judge Richard G. Kopf as to Andranette Foster (1). Ordered by Magistrate Judge David L. Piester.(GJG, )
July 20, 2007
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ORDER as to defendant Andranette Foster. ***Change of Plea Hearing set for 8/16/2007 01:30 PM in Courtroom 2 (Lincoln) before Magistrate Judge David L. Piester. XT excludable started 7/20/2007-8/16/2007. Termed 7/23/2007 trial date. Ordered by Judge Richard G. Kopf.(KLL, )
August 24, 2007
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PRELIMINARY ORDER OF FORFEITURE - The United States' Motion for Issuance of Preliminary Order of Forfeiture 109 is hereby sustained. The United States Marshal for the District of Nebraska is hereby authorized to seize the $20,706.00 in United States currency. The Defendants' interest in said property is hereby forfeited to the United States of America for disposition in accordance with the law, subject to the provisions of 21 U.S.C., § 853(n)(1). Upon adjudication of all third-party interests, this Court will enter a Final Order of Forfeiture pursuant to 21 U.S.C., § 853(n), in which all interests will be addressed as to Andranette Foster (1), Lathon C. Wider Sr. (2). Ordered by Judge Richard G. Kopf. Certified Copy to USM. (GJG, )PRELIMINARY ORDER OF FORFEITURE - The United States' Motion for Issuance of Preliminary Order of Forfeiture 109 is hereby sustained. The United States Marshal for the District of Nebraska is hereby authorized to seize the $20,706.00 in United States currency. The Defendants' interest in said property is hereby forfeited to the United States of America for disposition in accordance with the law, subject to the provisions of 21 U.S.C., § 853(n)(1). Upon adjudication of all third-party interests, this Court will enter a Final Order of Forfeiture pursuant to 21 U.S.C., § 853(n), in which all interests will be addressed as to Andranette Foster (1), Lathon C. Wider Sr. (2). Ordered by Judge Richard G. Kopf. Certified Copy to USM. (GJG, )
September 4, 2007
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TENTATIVE FINDINGS OF FACT regarding Revised Presentence Investigation Report as to defendant Lathon C. Wider, Sr. It is ordered that: (1) The defendant's objection to criminal history 97 will be resolved at sentencing. (2) Except to the extent (if at all) that I have sustained an objection or granted a motion or 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 10, 2007
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JUDGMENT as to defedant Lathon C. Wider, Sr. (2): Upon guilty plea to Counts 1 and 2 of the Superseding Indictment, the defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a term of forty-two (42) months. Upon release from imprisonment, the defendant shall be on supervised release with special conditions for a term of five (5) years. The defendant shall pay the special assessment in the amount of $100.00. 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. Defendant shall forfeit $20,706 to the U. S. Government as to Count 2 of the superseding indictment. Ordered by Judge Richard G. Kopf. (4 certified copies to USM)(JAB)
September 24, 2007
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ORDER as to defendant Andranette Foster. ***Sentencing rescheduled to 11/13/2007 01:00 PM in Courtroom 1 (Lincoln) before Judge Richard G. Kopf. Ordered by Judge Richard G. Kopf.(KLL, )
November 5, 2007
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TENTATIVE FINDINGS OF FACT regarding Presentence Investigation Report as to defendant Andranette Foster. 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 sustained an objection or granted a motion or 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 9, 2007
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ORDER as to defendant Andranette Foster. ***Sentencing reset to 11/30/2007 12:30 PM in Courtroom 1 (Lincoln) before Judge Richard G. Kopf. Ordered by Judge Richard G. Kopf. (KLL, )
November 30, 2007
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ORDER sustaining 134 Motion for Final Forfeiture as to Andranette Foster (1) and Lathon C. Wider Sr. (2). All right, title, and interest in the subject property is forever barred and foreclosed. Property is forfeited to the United States to be disposed of in accordance with the law. Ordered by Judge Richard G. Kopf. (1 Certified copy to USM)(JAB)ORDER sustaining 134 Motion for Final Forfeiture as to Andranette Foster (1) and Lathon C. Wider Sr. (2). All right, title, and interest in the subject property is forever barred and foreclosed. Property is forfeited to the United States to be disposed of in accordance with the law. Ordered by Judge Richard G. Kopf. (1 Certified copy to USM)(JAB)
December 5, 2007
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JUDGMENT as to Andranette Foster. Counts 1, 2, of the Indictment dismissed on 11/30/2007. Defendant pleaded guilty to Counts I and II of the Superseding Indictment and is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a term of twenty-four (24) months; three (3) years of Supervised Release with Special Conditions; $100 Special Assessment. Final Order of forfeiture filed on 11/30/2007 as to Count II of the Superseding Indictment. 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 as to defendant Andranette Foster. Ordered by Judge Richard G. Kopf. (4 Certified copies to USM)(GJG, )
February 26, 2008
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ORDER - The motion to release compliance bond (filing 147) is granted to the extent that the Clerk of Court is directed to refund the bond proceeds to the person who posted it as shown by the Clerks office records as to Andranette Foster (1). Ordered by Judge Richard G. Kopf. (Copy to Financial)( GJG, )
March 14, 2008
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ORDER - The motion to release appearance bond (filing 149) is granted to the extent that the Clerk of Court is directed to refund the bond proceeds to the person who posted it as shown by the Clerk's office records as to Lathon C. Wider Sr. (2). Ordered by Judge Richard G. Kopf. (Copy to financial).( GJG, )