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06-3108 - USA v. Ontiveros-Cervantes


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06-3108 - USA v. Ontiveros-Cervantes
July 27, 2006
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ORDER APPOINTING COUNSEL - David F. Eaton is appointed as counsel as to defendant Javier Ontiveros-Cervantes. Signed by Magistrate Judge F. A. Gossett on 7/27/2006. (MKR, )
July 27, 2006
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ORDER of Detention pending trial as to defendant Javier Ontiveros-Cervantes. Signed by Magistrate Judge F. A. Gossett on 7/27/2006. (MKR )
September 11, 2006
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ORDER that 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 22nd day of September, 2006, at the hour of 10:00 a.m., in Courtroom No. 2, United States Courthouse and Federal Building, 100 Centennial Mall North, Lincoln, Nebraska. On or before the date set for the plea proceeding, counsel for plaintiff and for defendant shall provide to the assigned probation officer their respective versions of the offensefor purposes of preparing the presentence investigation report. 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 dateand 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). Defendant shall appear for this hearing as to Javier Ontiveros-Cervantes (1). Ordered by Magistrate Judge David L. Piester.(CS, )
November 28, 2006
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ORDER, TENTATIVE FINDINGS OF FACT regarding Presentence Investigation Report as to defendant(s) Javier Ontiveros-Cervantes. I tentatively find that the objection should be sustained and the enhancement by two levels for possession of a firearm in paragraph 30 of the Revised Presentence Investigation Report should not be allowed. In keeping with that, I tentatively find that the total offense level is 29. With a criminal history category of I, the defendant's guideline imprisonment range is 87 to 108 months. Objections to these tentative findings may be made at the time of sentencing, but no evidence shall be received and none has been requested. The Motion to File Out of Time, contained within filing 23, is granted. Ordered by Judge Warren K. Urbom.(EJL, )
December 13, 2006
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JUDGMENT ordered by Senior District Judge Warren K. Urbom as to Javier Ontiveros-Cervantes (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 120 months, followed by 5 years of supervised release with special conditions, and $100 special assessment (4 certified copies forwarded to U.S. Marshal).(BMH)
November 2, 2009
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NOTICE OF FILING OF MOTION OF MODIFICATION OF PETITIONER'S SENTENCE as to defendant Javier Ontiveros-Cervantes. The United States Attorney is notified of the filing on October 30, 2009, of a Motion of Modification of Petitioner's Sentence Pursuant to 18 U.S.C. ยง 3582(c)(2) and 2D1.1 Sentencing Guideline Effected November 1, 2000, filing 31. The United States shall have until December 7, 2009, in which to respond. Ordered by Senior Judge Warren K. Urbom. (Copy mailed to pro se party)(GJG)
February 8, 2010
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MEMORANDUM AND ORDER denying 31 Motion Sentence Reduction as to Javier Ontiveros-Cervantes. Ordered by Senior Judge Warren K. Urbom. (Copy mailed to pro se party)( GJG)