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06-3126 - USA v. Apodaca


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06-3126 - USA v. Apodaca
October 16, 2006
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ORDER APPOINTING COUNSEL - Theresa M. Siglar appointed as counsel as to defendant Virgil G. Apodaca as ordered by Magistrate Judge David L. Piester.(SED)
October 16, 2006
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ORDER of Detention pending trial as to defendant Virgil G. Apodaca as ordered by Magistrate Judge David L. Piester.(SED)
October 26, 2006
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ORDER - Trial is reset for December 11, 2006 at 9:00 a.m. for a duration of three trial days before the Honorable Warren K. Urbom in Courtroom 4, United States Courthouse and Federal Building, 100 Centennial Mall North, Lincoln, Nebraska. Jury selection will be held at commencement of trial. All other provisions of the court's earlier progression order remain in effect as to defendant(s) Virgil G. Apodaca. Jury Trial set for 12/11/2006 09:00 AM in Courtroom 4 (Lincoln) before Senior Judge Warren K. Urbom. Ordered by Magistrate Judge David L. Piester.(GJG, )
November 15, 2006
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ORDER that the oral motion of defendant is granted and, 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 8th day of December, 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. 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 offense for 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 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). Defendant shall appear for this hearing as to Virgil G. Apodaca (1). Ordered by Magistrate Judge David L. Piester.(CS, )
February 16, 2007
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TENTATIVE FINDINGS OF FACT regarding Presentence Investigation Report as to defendant(s) Virgil G. Apodaca. I tentatively find that the Revised Presentence Investigation Report is true and accurate. Objections may be made at the time of the sentencing, but no evidence shall be received.Ordered by Judge Warren K. Urbom.(EJL)
March 7, 2007
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JUDGMENT as to Virgil G. Apodaca (1) - Defendant pleaded guilty to Count I of the Indictment and is committed to the Bureau of Prisons for a term of 15 months, sentence to run consecutive to the sentence the defendant is currently serving at the Nebraska State Penitentiary, followed by 3 years Supervised Release with special conditions, and pay $100 Special Assessment as to defendant Virgil G. Apodaca. Defendant is remanded to the custody of the U.S. Marshal. Ordered by Judge Warren K. Urbom. (4 Certified Copies to USM)(CS, )
January 29, 2008
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ORDER GRANTING MOTION TO SEAL - The Motion to Seal, filing 37, by United States of America, by and through the United States Attorney, is granted. The Government's Statement of Position shall remain sealed until further order of the court as to Virgil G. Apodaca. Ordered by Senior Judge Warren K. Urbom. ( GJG, )
February 11, 2008
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AMENDED JUDGMENT as to defendant Virgil G. Apodaca (1). The government's motion for reduction of sentence35 is granted. The defendant's sentence of imprisonment is reduced from the original sentence to a term of twelve (12) months. This sentence will run consecutive to the sentence the defendant is currently serving at the Nebraska State Penitentiary, if any. 3 years Supervised Release with special conditions to follow and pay $100 Special Assessment. Ordered by Senior Judge Warren K. Urbom. (4 Certified copies to USM)(JAB)