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06-3135 - USA v. Barahona-Bernal


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06-3135 - USA v. Barahona-Bernal
October 18, 2006
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ORDER APPOINTING COUNSEL - Korey L. Reiman fappointed as counsel as to defendant Mizael Barahona-Bernal as ordered by Magistrate Judge David L. Piester.(SED)
October 30, 2006
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ORDER granting 13 Motion to Withdraw as Attorney as to Mizael Barahona-Bernal (1). The clerk shall mail a copy of thisorder to the defendant at his last known address. Defendant is given 20 days from the date of this order in which to either: (1) obtain the services of substitute counsel or, (2) file a financial affidavit setting forth his present financial status. The time between October 30, 2006 and November 30, 2006, shall be deemed excludable time in any computation of time under the requirements of the Speedy Trial Act. This case is removed from the December 11, 2006 trial docket and is continued until further order. Ordered by Magistrate Judge David L. Piester.(JAE, )
October 31, 2006
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ORDER as to defendant Mizael Barahona-Bernal. New counsel has entered an appearance for defendant. IT THEREFORE HEREBY IS ORDERED, The previous trial date is reinstated and trial is set to commence at 9:00 a.m., December 11, 2006, 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. 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.(JAR)
November 2, 2006
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ORDER as to Mizael Barahona-Bernal (1). Defendant's unopposed motion to continue, filing 17 is granted and the detention hearing is continued from November 2 to November 27, 2006 at 2:30 p.m. The time between November 1, 2006 and November 27, 2006 shall be deemed excludable time in any computation of time under the requirements of the Speedy Trial Act. Detention Hearing set for 11/27/2006 02:30 PM in Courtroom 2 (Lincoln) before Magistrate Judge David L. Piester. Ordered by Magistrate Judge David L. Piester.(GJG, )
March 16, 2007
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ORDER - Defendant's unopposed motion to continue trial, filing 26, is granted, and 1. Trial of this matter is continued to 9:00 a.m., August 6, 2007, for a duration of five 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. 2. 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 March 16, 2007 and August 6, 2007 shall be deemed excludable time in any computation of time under the requirements of the Speedy Trial Act, for the reason that the parties require 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) as to Mizael Barahona-Bernal (1). Ordered by Magistrate Judge David L. Piester.(CS, )
June 21, 2007
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ORDER - Defendant's motion to continue trial, filing 29, is granted and, 1. Trial is continued to 9:00 a.m., September 10, 2007, 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. 2. 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 June 21, 2007 and September 10, 2007 shall be deemed excludable time in any computation of time under the requirements of the Speedy Trial Act, for the reason that the parties require 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) as to Mizael Barahona-Bernal (1). Ordered by Magistrate Judge David L. Piester.(CS, )
August 23, 2007
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ORDER granting 31 Motion to Continue as to Mizael Barahona-Bernal.Jury Trial continued to 11/5/2007 at 09:00 AM in Courtroom 4 (Lincoln) before Senior Judge Warren K. Urbom. XT excludable started 8/23/07 - 11/5/07. Ordered by Magistrate Judge David L. Piester.(CAR)
August 27, 2007
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ORDER granting 34 Motion for Reconsideration as to Mizael Barahona-Bernal (1). Trial of this matter is continued to 9:00 a.m., December 10, 2007, before the undersigned in Courtroom 4, United States Courthouse, 100 Centennial Mall North, Lincoln, Nebraska. Jury selection will be held at commencement of trial. Because 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, the time between August 27, 2007, and December 10, 2007, shall be deemed excludable time in any computation of time under the requirements of the Speedy Trial Act, for the reason that the parties require 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). Ordered by Judge Warren K. Urbom.(EJL)
November 16, 2007
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ORDER by Magistrate Judge David L. Piester granting 36 defendant's Motion to Continue as to Mizael Barahona-Bernal (1); Jury Trial is continued to 1/28/2008 at 09:00 AM in Courtroom 4 (Lincoln) before Senior Judge Warren K. Urbom; time between 11/16/07 and 1/28/08 shall be excludable under the Speedy Trial Act. (BMH)
January 15, 2008
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ORDER granting 38 Motion to Continue Trial as to Mizael Barahona-Bernal (1). Trial of this matter is continued from January 28, 2008 to April 28, 2008, at 9:00 a.m., for a duration of ten 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. The time between January 15, 2008 and April 28, 2008 shall be deemed excludable time in any computation of time under the requirements of the Speedy Trial Act. Ordered by Magistrate Judge David L. Piester. (JAB)
April 14, 2008
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ORDER granting 43 Motion to Continue Trial as to Mizael Barahona-Bernal (1). Jury Trial continued to 6/16/2008 09:00 AM in Courtroom 4 - Lincoln before Senior Judge Warren K. Urbom. The time between today's date and June 16, 2008 shall be excluded for speedy trial calculation purposes. Ordered by Magistrate Judge David L. Piester. (JAB)
May 21, 2008
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ORDER APPOINTING COUNSEL - Brent Bloom is appointed to represent the defendant in this matter under 18 U.S.C. § 3006A; Jury Trial continued to 9/22/2008 09:00 AM in Courtroom 4 - Lincoln before Senior Judge Warren K. Urbom. Time between today and September 22, 2008, shall be deemed excluded time in any computation of time under the requirements of the Speedy Trial Act. Ordered by Senior Judge Warren K. Urbom. (JAB)
May 22, 2008
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ORDER as to defendant Mizael Barahona-Bernal. Trial of this matter is continued to 9:00 a.m., September 22, 2008 for ten (10) 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. No later that June 13, 2008, counsel shall confer and accomplish discovery. Pretrial motions shall be filed on or before July 11, 2008. The time between May 21, 2008 and September 22, 2008 shall be deemed excludable time in any computation of time under the requirements of the Speedy Trial Act. Ordered by Magistrate Judge David L. Piester. (JAB)
July 14, 2008
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ORDER granting 50 Motion to Extend as to Mizael Barahona-Bernal. The pretrial motion deadline is extended to July 31, 2008. Ordered by Magistrate Judge David L. Piester. ( CAR )
August 8, 2008
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ORDER granting 55 Motion to Extend as to Mizael Barahona-Bernal (1). The United States is given until August 14, 2008 to respond to defendant's motion to suppress. Ordered by Magistrate Judge David L. Piester. (LKL)
August 18, 2008
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REPORT AND RECOMMENDATION to the Hon. Warren K. Urbom, United States Senior District Judge, that the motion to suppress, filing 53, be denied in all respects as to defendant Mizael Barahona-Bernal. The parties are notified that failure to object to this Report and Recommendation in accordance with the court's local rules may be held to be a waiver of the court's adoption of the recommendation. The defendants request for evidentiary hearing is denied. Trial of this matter is set to commence before the Hon. Warren K. Urbom, United States Senior District Judge at 9:00 a.m. on October 27, 2008 in Courtroom #4, United States Courthouse, Lincoln, Nebraska. Ordered by Magistrate Judge David L. Piester. (JAB)
August 25, 2008
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ORDER granting 61 Motion for Reconsideration as to Mizael Barahona-Bernal (1). The trial is set to begin on September 22, 2008, at 9:00 a.m. Ordered by Senior Judge Warren K. Urbom. ( EJL)
September 12, 2008
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ORDER granting 64 Motion to Continue as to Mizael Barahona-Bernal (1). Defendant's motion to continue, filing 64, is granted and, Trial of this matter is continued to 9:00 a.m., November 17, 2008, for a duration of ten days before the Honorable Warren K. Urbom in Courtroom 4, United States Courthouse and Federal Building, 100 Centennial Mall North, Lincoln, Nebraska. The time between September 12, 2008 and November 17, 2008 shall be deemed excludable time in any computation of time under the requirements of the Speedy Trial Act. Jury Trial set for 11/17/2008 09:00 AM in Courtroom 4 - Lincoln before Senior Judge Warren K. Urbom. Ordered by Magistrate Judge David L. Piester. (LKL) Modified on to correct text 9/12/2008 (LKL).
September 15, 2008
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ORDER denying 53 Motion to Suppress as to Mizael Barahona-Bernal (1); adopting 59 Report and Recommendations as to Mizael Barahona-Bernal (1). Ordered by Senior Judge Warren K. Urbom. ( EJL)
November 17, 2008
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ORDER FOR ISSUANCE OF BENCH WARRANT as to defendant Mizael Barahona-Bernal. Mizael Barahona-Bernal has failed to appear as ordered for a jury trial scheduled for today, November 17, 2008. It is hereby ordered that the Clerk of this Court is hereby authorized and directed to issue a Bench Warrant for the Apprehension of Mizael Barahona-Bernal, commanding the arresting officer to bring him before the Court forthwith. Ordered by Senior Judge Warren K. Urbom. (1 Certified copy to USM)(JAB)
November 20, 2008
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ORDER regarding 74 Motion to Revoke as to Mizael Barahona-Bernal (1). IT IS ORDERED: Plaintiff's motion to revoke bond, filing no. 74, is granted. The Appearance and Compliance Bond in the amount of $5,000 (filing no. 24) is forfeited to plaintiff United States of America. Ordered by Magistrate Judge David L. Piester. (Copy to Finance)(LKL) Modified on 11/21/2008 to add text re: copy to finance (BMH).
November 21, 2008
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AMENDED ORDER regarding Order on Motion to Revoke Bond, 75 as to defendant Mizael Barahona-Bernal. The court's order dated November 20, 2008 (filing no. 75) is amended as follows: Plaintiff's motion to revoke bond, filing no. 74, is granted. The Appearance and Compliance Bond in the amount of $5,000 (filing no. 24) is forfeited to plaintiff United States of America. The $1,000 that has been posted shall be paid to the United States. The defendant remains indebted to the government in the total amount of $5,000. Ordered by Magistrate Judge David L. Piester. (Copy to Finance)(JAB)