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06-3180 - USA v. Weppner


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06-3180 - USA v. Weppner
December 19, 2006
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ORDER APPOINTING COUNSEL - as to defendant(s) Mickie Gene Weppner Ordered by Judge David L. Piester.(BMH, )
December 28, 2006
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ORDER of Detention pending trial as to defendant Mickie Gene Weppner as ordered by Magistrate Judge David L. Piester.(SED)
February 5, 2007
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ORDER that the motion 18 of Michael T. Levy to withdraw as counsel for the defendant is granted as to Mickie Gene Weppner (1). Ordered by Magistrate Judge David L. Piester.(CS, )
February 8, 2007
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ORDER denying 19 Motion for Release and denying 21 Motion to Amend as to Mickie Gene Weppner (1). IT THEREFORE HEREBY IS ORDERED, The motion, filing 19, and the amended motion, filing 21, are both denied. Ordered by Magistrate Judge David L. Piester.(JAR)
February 8, 2007
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ORDER granting 17 Motion to Continue Trial as to Mickie Gene Weppner (1). Trial of this matter is continued to 9:00 a.m., March 19, 2007, for a duration of five trial 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 betweenFebruary 8, 2007 and March 19, 2007 shall be deemed excludable time in any computation of time under the requirements of the Speedy Trial Act. Jury Trial set for 3/19/2007 09:00 AM in Courtroom 1 (Lincoln) before Judge Richard G. Kopf. Ordered by Magistrate Judge David L. Piester.(JAR)
March 1, 2007
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ORDER granting 25 Defendant's Motion for temporary pretrial release of defendant Mickie Gene Weppner on 3/2/07 to the custody of a representative of Beckmann Law Offices for the purpose of attending a family group conference for his children in Crete, Nebraska, pursuant to terms and conditions. Ordered by Judge Richard G. Kopf on 3/1/07. Certified copy to USM.(CCB)
March 14, 2007
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ORDER as to defendant Mickie Gene Weppner. ***Change of Plea Hearing set for 4/5/2007 11:30 AM in Courtroom 2 (Lincoln) before Magistrate Judge David L. Piester. XT excludable started 3/14/2007-4/5/2007. Termed 3/19/2007 trial date. Ordered by Judge Richard G. Kopf.(KLL, )
March 28, 2007
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ORDER denying 28 Motion for Pre-trial Release as to Mickie Gene Weppner (1). If he were released, he would be immediately turned over to Saline County for service of his sentence. Ordered by Magistrate Judge David L. Piester.(JAR)
April 9, 2007
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STRICKEN - ORDER sustaining 35 Motion for Preliminary Forfeiture as to Mickie Gene Weppner (1). Based upon Count IV of the Indictment and the Defendant's plea of guilty, the United States Marshal for the District of Nebraska is hereby authorized to seize the described properties. The Defendant's interest in said properties 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) Modified on 5/17/2007 to strike pursuant Memorandum and Order filing 43(GJG, ).
May 17, 2007
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ORDER - The United States' Motion to Strike Preliminary Order of Forfeiture, Return Property and Close Forfeiture Case filing 42 is hereby sustained. This Court's Preliminary Order of Forfeiture (Filing No. 37) is hereby stricken. The Lincoln Police Department is holding a Browning BDM 9mm handgun, serial number 945NT54216. The Lincoln Police Department shall provide this weapon to Darrell Fletcher, 1608 North 12th, Beatrice, Nebraska. The United States shall notify the Court after the weapon has been delivered to Mr. Fletcher as to defendant Mickie Gene Weppner (1). Ordered by Judge Richard G. Kopf. Certified Copy to AUSA and USM.(GJG, )
May 18, 2007
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ORDER denying 41 Motion for Release as to Mickie Gene Weppner (1). The previously filed detainer filed against him by Saline County has not been lifted. Ordered by Magistrate Judge David L. Piester.(JAR)
June 12, 2007
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TENTATIVE FINDINGS OF FACT regarding Presentence Investigation Report and Addendum, as to defendant Mickie Gene Weppner. It is ordered that: (1) The objections as to drug quantity will be taken up at sentencing. In that regard:(A) The parties are advised that I do not construe the plea agreement to be a binding plea agreement pursuant to Rule 11(c)(1)(C). In other words, even if I adopt the plea agreement, I understand that I am not bound to accept the parties' base offense level agreement. If the parties believe otherwise, they should advise me at the time of sentencing and prior to my consideration of the plea agreement. (B) The probation officer relied on admissions by the defendant. That seems reasonable to me. If the parties think otherwise, they should have a convincing reason. In that regard, they may wish to submit the disputed statements to me beforehand so that I might review. (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, )
June 27, 2007
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JUDGMENT as to defendant Mickie Gene Weppner (1): The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a term of one hundred twenty-one (121) months as to Count I, and sixty (60) months as to Count II, said terms to run consecutive. This sentence shall be served concurrent with the sentence described at Paragraph 50 of the Presentence Report in Case No. CR04-40 in the Saline County District Court. Followed release from imprisonment, the defendant shall be on supervised release for a term of five (5) years as to Counts I and II of the indictment, said terms to run concurrent. Defendant is ordered to pay a $200.00 Special Assessment. Count III, Dismissed on Motion of the Government as to this defendant only. Count IV, The defendant shall forfeit to the United States any firearm and ammunition siezed. Ordered by Judge Richard G. Kopf. (4 Certified copies to USM)(JAR)
May 20, 2008
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ORDER as to defendant Mickie Gene Weppner. 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) 57 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 undersigneds judicial assistant will provide a copy to the Federal Public Defender. Ordered by Judge Richard G. Kopf. (KLL, )
July 1, 2009
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ORDER as to defendant Mickie Gene Weppner. (1)The government's request for hearing 59 is granted.(2)A hearing on the government's motion for reduction of sentence pursuant to Rule 35(b) 57 has been set before the undersigned United States district judge on Wednesday, July 15, 2009, at 8:30 a.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, )
July 1, 2009
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ORDER as to defendant Mickie Gene Weppner. On the oral motion of the plaintiff, and without objection by the defendant, IT IS ORDERED that:(1)The hearing on the government's motion for reduction of sentence pursuant to Rule 35(b) 57 has been rescheduled before the undersigned United States district judge on Wednesday, July 22, 2009, at 8:30 a.m., in Courtroom No. 1, United States Courthouse and Federal Building, 100 Centennial Mall North, Lincoln, Nebraska.(2)At the request of the defendant through his counsel, the defendant will participate in the hearing by telephone.(3)The Marshal is directed not to return the defendant to the district.(4)The defendant is held to have waived his right to be present. Ordered by Judge Richard G. Kopf. (KLL, )
July 22, 2009
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AMENDED JUDGMENT (Reduction of Sentence) as to Mickie Gene Weppner (1). The defendant pleaded guilty as to Counts I and II of the indictment and is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a term of forty (40) months as to Count I, and twenty (20) months as to Count II, said terms to run consecutive. This sentence shall be served concurrent with the sentence described at Paragraph 50 of the Presentence Report in Case No. CR04-40 in the Saline County District Court. Following release from imprisonment, the defendant shall be on supervised release for a term of five (5) years as to Counts I and II of the indictment, said terms to run concurrent. Defendant is ordered to pay a $200.00 Special Assessment as to defendant Mickie Gene Weppner. Ordered by Judge Richard G. Kopf. (4 Certified copies to USM) (CCB)
January 2, 2013
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STRICKEN - ORDER APPOINTING COUNSEL as to defendant Mickie Gene Weppner. Ordered by Magistrate Judge Cheryl R. Zwart. (DMS) Modified on 1/3/2013 to strike pursuant to Order 84 (AOA).
January 2, 2013
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ORDER of Detention pending trial as to defendant Mickie Gene Weppner. Ordered by Magistrate Judge Cheryl R. Zwart. (AOA)
January 3, 2013
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ORDER APPOINTING COUNSEL as to defendant Mickie Gene Weppner. Ordered by Magistrate Judge Cheryl R. Zwart. (DMS)
January 10, 2013
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ORDER granting 86 Motion for Release as to Mickie Gene Weppner. Ordered by Magistrate Judge Cheryl R. Zwart. (E-mailed to Marshal by CRZ)( Zwart, Cheryl)
January 17, 2013
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TEXT ORDER granting 88 Motion to Review as to Mickie Gene Weppner. Ordered by Magistrate Judge Cheryl R. Zwart. (E-mailed to Marshal by CRZ)( Zwart, Cheryl)
March 25, 2013
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ORDER of Detention pending revocation as to defendant Mickie Gene Weppner. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
March 29, 2016
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ORDER APPOINTING COUNSEL - The Federal Public Defender for the District of Nebraska is appointed to represent the defendant in this matter as to defendant Mickie Gene Weppner. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
March 29, 2016
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ORDER of Detention pending revocation as to defendant Mickie Gene Weppner. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
April 27, 2016
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JUDGMENT for Revocation of Supervised Release as to defendant Mickie Gene Weppner. Defendant admitted guilt to allegation 1 of the petition for offender under supervision 108, and is committed to the custody of the Bureau of Prisons for a term of 37 months to run concurrent to the sentence imposed in the District Court of Cass County, Iowa, with no supervised release to follow. Allegations 2 through 7 of the petition 108 are dismissed without prejudice on the motion of the United States. Special Assessment $200 ($71.38 balance remains). Defendant remanded to the custody of the U.S. Marshal. Ordered by Senior Judge Richard G. Kopf. (1 Certified copy to USM) (CS)