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06-3182 - USA v. Erickson


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06-3182 - USA v. Erickson
December 19, 2006
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ORDER APPOINTING COUNSEL - as to defendant(s) David Lane Erickson Ordered by Judge David L. Piester.(BMH, )
March 7, 2007
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ORDER as to defendant David Lane Erickson. ***Change of Plea Hearing set for 4/26/2007 11:00 AM in Courtroom 2 (Lincoln) before Magistrate Judge David L. Piester. XT excludable started 3/7/2007-4/26/2007. Termed 3/12/2007 trial date. Ordered by Judge Richard G. Kopf.(KLL, )
April 20, 2007
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ORDER as to defendant David Lane Erickson. IT IS ORDERED: 1. The Change of Plea hearing is rescheduled to April 25, 2007 at 2:00 p.m. before the undersigned magistrate judge in Courtroom #2, United States Courthouse, Lincoln, Nebraska.2. For this defendant, the time between today's date and the hearing on the anticipated plea of guilty is excluded for purposes of computing the limits under the Speedy Trial Act. Change of Plea Hearing set for 4/25/2007 02:00 PM in Courtroom 2 (Lincoln) before Magistrate Judge David L. Piester. Ordered by Magistrate Judge David L. Piester.(JAR)
April 24, 2007
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ORDER - The oral motion of counsel for defendant is granted. The change of plea is continued to May 7, 2007 at 3:00 p.m., as to defendant David Lane Erickson. Change of Plea Hearing set for 5/7/2007 03:00 PM in Courtroom 2 (Lincoln) before Magistrate Judge David L. Piester. Ordered by Magistrate Judge David L. Piester.(JAE, )
May 9, 2007
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PRELIMINARY ORDER OF FORFIETURE - The United States' Motion for Issuance of Preliminary Order of Forfeiture is hereby sustained. 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 following described property: a Benelli Super Black Eagle 12-gauge semi-automatic shotgun, serial number U245846. The Defendant's interest in said property is hereby forfeited to the United States of America for disposition in accordance with the law, subject to the provisions of 21 U.S.C., § 853(n)(1). The aforementioned forfeited property is to be held by the Marshal in his secure custody and control. Upon adjudication of all third-party interests, this Court will enter a Final Order of Forfeiture pursuant to 21 U.S.C., § 853(n), in which all interests will be addressed as to David Lane Erickson (1). Ordered by Judge Richard G. Kopf. Certified Copy to USM. (GJG, )
June 29, 2007
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ORDER as to David Lane Erickson (1). The motion of Carlos A. Monzon to withdraw as counsel for the defendant, filing 31, is granted. The Federal Public Defender for the District of Nebraska shall provide the court with a draft appointment order (CJA Form 20) for substitute counsel bearing the name and other identifying information of the CJA Panel attorney identified in accordance with the Criminal Justice Act Plan for this district. The new attorney shall enter an appearance promptly upon appointment. Ordered by Magistrate Judge David L. Piester. Copy to FPD.(GJG, )
July 17, 2007
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TENTATIVE FINDINGS OF FACT regarding Revised Presentence Investigation Report as to defendant David Lane Erickson. 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, )
July 26, 2007
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STRICKEN - ORDER granting Government's MOTION for Final Forfeiture 38 as to defendant David Lane Erickson. Defendant shall forfeit the Benelli Super Black Eagle 12-guage semi-automatic shotgun, serial number U245846 to the United States. USM directed to dispose of said property. Ordered by Judge Richard G. Kopf. Certified copy to USM.(CCB) Modified on 9/4/2007 to add "stricken" text pursuant to Order49.(JAB)
August 2, 2007
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JUDGMENT as to defendant David Lane Erickson (1): The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a term of sixty-three (63) months as to Count I and sixty (60) months as to Count II, said terms to run consecutive, followed by a term of five (5) years Supervised Release with special conditions as to both counts I and II, said terms to run concurrent, and ordered to pay a $200.00 Special Assessment. The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons before 2:00 p.m. no earlier than 60 days from todays date as notified by the United States Marshal. Count(s) 3, Dismissed on Motion of the government as to this defendant only. Final order of forfeiture filed 7/26/2007 as to Count 4. Criminal Case Terminated. Ordered by Judge Richard G. Kopf. (4 Certified copies to USM) (JAB) Modified on 8/3/2007 to reflect self-surrender information. (JAB)
August 13, 2007
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ORDER - The motion to refund cash bond (filing 46 ) is granted to the extent that the Clerk of Court is directed to refund the bond proceeds to the person who posted it as shown by the Clerks office records as to David Lane Erickson (1). Ordered by Judge Richard G. Kopf. Copy to Financial. (GJG, )
September 4, 2007
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ORDER sustaining 48 Motion to Strike as to David Lane Erickson (1). IT IS THEREFORE ORDERED as follows: 1. The United States' Motion to Strike Final Order of Forfeiture, Return Property and Close Forfeiture Case is hereby sustained. 2. This Courts Final Order of Forfeiture (Filing No. 42) is hereby stricken. 3. The U.S. Marshals Service is holding a Benelli Super Black Eagle 12-gauge semiautomatic shotgun, serial number U245846. The U.S. Marshals Service shall provide this weapon to the Lincoln Police Department for its return to the rightful owner. 4. The United States shall notify the Court after the weapon has been delivered to the rightful owner. The Court will then issue an Order closing this case. Ordered by Judge Richard G. Kopf. (Copy to USM)(JAB)
May 12, 2008
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ORDER as to defendant David Lane Erickson. It is ordered that: (1) The government's request for hearing is granted. (2) A hearing on the government's motion for reduction of sentence pursuant to Rule 35(b) 51 has been set before the undersigned United States district judge on Wednesday, May 21, 2008, at 1:45 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. (6) 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. (7) The Federal Public Defender shall provide CJA counsel with a new voucher. (8) 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, )
May 22, 2008
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AMENDED JUDGMENT (Reduction of Sentence) as to David Lane Erickson. The defendant pleaded guilty to Counts I, II, and IV 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 forty (40) months as to Count II, said terms to run consecutive, followed by a term of five (5) years Supervised Release with special conditions as to both counts I and II, said terms to run concurrent, and ordered to pay a $200.00 Special Assessment. Count III, dismissed on Motion of the government as to this defendant only. Count IV, Final order of forfeiture filed 7/26/2007 as to defendant David Lane Erickson. Ordered by Judge Richard G. Kopf. (4 Certified copies to USM)(GJG, )
July 31, 2014
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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 David Lane Erickson. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
July 31, 2014
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ORDER of Detention pending revocation as to defendant David Lane Erickson. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
August 21, 2014
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MEMORANDUM AND ORDER - IT IS ORDERED: 1) The defendant's motion to review detention, (filing no. 71), is granted. 2) The defendant shall comply with all terms and conditions of supervised release which were imposed at sentencing except as follows: The defendant shall be released to reside at The Bridge and participate in that facilitys substance abuse treatment program. The defendant shall fully comply with the requirements of defendants treatment plan and all rules of The Bridge. If the defendant is discharged from the facility for any reason whatsoever, or leaves the premises of the facility without authorization, the United States Marshal, and/or any law enforcement officer is ordered to take the defendant into custody and detain the defendant pending a prompt hearing before the court. 3) When an opening for the defendant becomes available at The Bridge, defendants counsel shall promptly contact the chambers of the undersigned magistrate judge who will, in response, contact the Marshal with further directions for defendants release to treatment. 4) The Marshal shall transport and detain the defendant to a location near Lincoln, Nebraska so that when a bed becomes available at The Bridge, the defendant can be timely transported to that facility as to David Lane Erickson. Ordered by Magistrate Judge Cheryl R. Zwart. (1 Certified copy to USM)( TCL )
January 15, 2015
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ORDER granting 76 Motion to Modify Conditions of Release as to David Lane Erickson (1). Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
October 15, 2015
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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 David Lane Erickson. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
October 15, 2015
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ORDER of Detention pending revocation as to defendant David Lane Erickson. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
March 17, 2016
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JUDGMENT for Revocation of Supervised Release as to defendant David Lane Erickson. Defendant admitted guilt to allegation 4 of the petition for offender under supervised release 84 and is committed to the Bureau of Prisons for a term of 60 months to run consecutive to the sentence imposed in Case No. 4:15CR3137. The remaining allegations of petition 84 and the amended petition 97 are dismiss on the motion of the government. Defendant remanded to the custody of the U.S. Marshal. Ordered by Senior Judge Richard G. Kopf. (1 Certified copy to USM) (CS)