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06-3143 - USA v. Goering


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06-3143 - USA v. Goering
September 28, 2006
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ORDER APPOINTING COUNSEL - Michael J. Hansen appointed as counsel as to defendant Luke J. Goering as ordered by Magistrate Judge David L. Piester.(SED)
September 28, 2006
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ORDER of Detention pending trial as to defendant Luke J. Goering as ordered by Magistrate Judge David L. Piester.(SED)
October 19, 2006
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ORDER granting 13 Motion to File Under Seal as to Luke J. Goering (1) Ordered by Magistrate Judge David L. Piester.(JAR)
October 20, 2006
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REVOKED - ORDER granting 15 Motion for Release as to Luke J. Goering (1). ACCESS TO THE PDF DOCUMENT IS RESTRICTED PURSUANT TO THE E-GOVERNMENT ACT. ACCESS IS LIMITED TO COUNSEL OF RECORD AND THE COURT. Ordered by Magistrate Judge David L. Piester.(CS, ) Modified on 11/28/2006 to add "Revoked" text pursuant to Order20. (JAR)
November 28, 2006
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ORDER regarding PETITION FOR ACTION ON CONDITIONS OF PRETRIAL RELEASE as to defendant Luke J. Goering. A hearing was held before me this date on allegations made in the petition for action on conditions of pretrial release17. IT THEREFORE HEREBY IS ORDERED, The previous order of release, filing 16, is revoked, and the defendant shall be detained in the custody of the United States Marshal until further order. Ordered by Magistrate Judge David L. Piester.(JAR)
November 28, 2006
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ORDER as to defendant Luke J. Goering. Because the court is involved in another trial during the period previously set for trial in this case, IT IS ORDERED, On the court's own motion, trial of this matter is continued to 9:00 a.m. on January 2, 2007 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. Jury Trial set for 1/2/2007 09:00 AM in Courtroom 1 (Lincoln) before Judge Richard G. Kopf. Ordered by Magistrate Judge David L. Piester.(JAR)
November 29, 2006
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ORDER granting 22 Oral Motion to change plea as to Luke J. Goering (1). IT IS ORDERED that: 1. This case, insofar as it concerns this defendant, is removed from the trial docket based upon the oral motion of the defendant that is granted. 2. A hearing on the defendant's anticipated plea of guilty is scheduled before Magistrate Judge Piester on the 19th day of December, 2006 at the hour of 11:30 a.m. 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. Change of Plea Hearing set for 12/19/2006 11:30 AM in Courtroom 2 (Lincoln) before Magistrate Judge David L. Piester. Ordered by Magistrate Judge David L. Piester.(JAR)
December 19, 2006
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ORDER - The parties' joint oral motion to continue is granted and the change of plea hearing is continued from today to January 5, 2007 at 3:15 p.m. before the undersigned magistrate judge in Courtroom 2, United States Courthouse and Federal Building, 100 Centennial Mall North, Lincoln, Nebraska. 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. Defendant shall appear at the hearing as to Luke J. Goering (1). Change of Plea Hearing set for 1/5/2007 03:15 PM in Courtroom 2 (Lincoln) before Magistrate Judge David L. Piester. Ordered by Magistrate Judge David L. Piester.(GJG, )
March 14, 2007
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TENTATIVE FINDINGS OF FACT regarding Revised Presentence Investigation Report as to defendant Luke J. Goering. 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, )
March 26, 2007
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JUDGMENT as to defendant Luke J. Goering (1): Upon guilty plea to Counts I and II of the Information, the defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a term of forty-eight (48) months, followed by four (4) years of Supervised Release with special conditions, and ordered to pay Restitution in the amount of $1238.00 and a $100.00 Special Assessment; Defendant shall forfeit the sum of $962.00 to the U. S. Government as to Count II of the Information. Ordered by Judge Richard G. Kopf. (4 certified copies to USM)(JAR)
March 29, 2007
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ORDER sustaining 45 Motion for Preliminary Forfeiture as to Luke J. Goering (1). Based upon Count II of the Information and the Defendant's plea of guilty, the United States Marshal for the District of Nebraska ("Marshal") is hereby authorized to seize the described property. The Defendant's interest in said property is hereby forfeited to the United States of America for disposition in accordance with the law. Upon adjudication of all third-party interests, this Court will enter a Final Order of Forfeiture pursuant to 21 U.S.C., ยง 853(n), in which all interests will be addressed. Ordered by Judge Richard G. Kopf. (Copy to USM)(JAR)
June 12, 2007
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FINAL ORDER OF FORFEITURE - The Plaintiff's 50 Motion for Final Order of Forfeiture is hereby sustained. All right, title and interest in and to the $962.00 in United States currency, held by any person or entity, is hereby forever barred and foreclosed. The $962.00 in United States currency, be, and the same hereby is, forfeited to the United States of America. The United States Marshal for the District of Nebraska is directed to dispose of said property in accordance with law as to Luke J. Goering (1). Ordered by Judge Richard G. Kopf. (Certified copy to USM)(CS, )
March 21, 2008
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ORDER as to defendant Luke J. Goering. It is ordered that: (1) Counsel for the government shall notify the court when the motion for reduction in sentence pursuant to Rule 35(b) 52 is ripe for decision. The motion shall not be decided until counsel for the government certifies that the motion is ripe; (2) Counsel for the defendant, if previously appointed pursuant to the Criminal Justice Act, is reappointed to represent the defendant for purposes of the Rule 35(b) motion. If retained, counsel for the defendant remains as counsel for the defendant until the Rule 35(b) motion is resolved or until given leave to withdraw; (3) The Federal Public Defender shall provide CJA counsel with a new voucher; (4) The Clerk of the Court shall provide a copy of this order to counsel for the government and counsel for the defendant. The undersigned's judicial assistant will provide a copy to the Federal Public Defender. Ordered by Judge Richard G. Kopf. (KLL, )
August 26, 2008
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ORDER as to defendant Luke J. Goering. It is ordered that: (1) The government's request for hearing 54 is granted. (2) A hearing on the government's motion for reduction of sentence pursuant to Rule 35(b) 52 has been set before the undersigned United States district judge on Thursday, October 30, 2008, at 1:00 p.m., in Courtroom No. 1, United States Courthouse and Federal Building, 100 Centennial Mall North, Lincoln, Nebraska.(3) At the request of the defendant through his counsel, the defendant will participate in the hearing by telephone. (4) The Marshal is directed not to return the defendant to the district. (5) The defendant is held to have waived his right to be present. Ordered by Judge Richard G. Kopf. (KLL, )
October 30, 2008
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AMEMDED JUDGMENT (Reduction of Sentence) as to defendant Luke J. Goering (1). Government's motion (filing 52) for reduction of sentence pursuant to Rule 35(b) is granted. Count 1s, The defendant's sentence of imprisonment is reduced from the original sentence to a term of time served; 4 years supervised released with special conditions; $100.00 special assesment (PAID) and $1,238.00 Restitution.; Count 2s, Defendant shall forfeit the sum of $962.00 to the U. S. Government as to Count II of the Information. Ordered by Judge Richard G. Kopf. (1 Certified copy to USM)(LKL) Modified on 11/5/2008 to modify text regarding restitution(LKL).