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07-3034 - USA v. Anaya-Zepeda et al


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07-3034 - USA v. Anaya-Zepeda et al
March 6, 2007
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ORDER APPOINTING COUNSEL - John C. Vanderslice appointed as counsel as to defendant Jose Anaya-Zepeda as ordered by Magistrate Judge David L. Piester.(SED)
March 6, 2007
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ORDER of Detention pending trial as to defendant Jose Anaya-Zepeda as ordered by Magistrate Judge David L. Piester.(SED)
March 6, 2007
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ORDER APPOINTING COUNSEL - Jonathan M. Braaten appointed as counsel as to defendant Miguel Angel Ayala Arias as ordered by Magistrate Judge David L. Piester.(SED)
March 6, 2007
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ORDER of Detention pending trial as to defendant Miguel Angel Ayala Arias as ordered by Magistrate Judge David L. Piester.(SED)
April 17, 2007
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ORDER - An evidentiary hearing on defendants' motions to suppress evidence, filings 23 and 25, will be held before the undersigned on May 22, 2007 beginning at 1:00 p.m. in Courtroom #2, United States Courthouse and Federal Building, 100 Centennial Mall North, Lincoln, Nebraska. Based on the defendants' request, the court has set aside four hours for this hearing. The defendants, defendants' counsel, and counsel for the government shall be present at this hearing. As to both defendants, the trial of this case is continued until further order of the court following resolution of outstanding motions as to Jose Anaya-Zepeda (1) and Miguel Angel Ayala Arias (2). Ordered by Magistrate Judge David L. Piester.(GJG, )ORDER - An evidentiary hearing on defendants' motions to suppress evidence, filings 23 and 25, will be held before the undersigned on May 22, 2007 beginning at 1:00 p.m. in Courtroom #2, United States Courthouse and Federal Building, 100 Centennial Mall North, Lincoln, Nebraska. Based on the defendants' request, the court has set aside four hours for this hearing. The defendants, defendants' counsel, and counsel for the government shall be present at this hearing. As to both defendants, the trial of this case is continued until further order of the court following resolution of outstanding motions as to Jose Anaya-Zepeda (1) and Miguel Angel Ayala Arias (2). Ordered by Magistrate Judge David L. Piester.(GJG, )
May 17, 2007
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ORDER - Plaintiff's unopposed motion to continue, filing 28 is granted. The deadline for plaintiff's responsive brief is extended to May 18, 2007. The portion of the suppression hearing regarding the testimony of Lt. Dennis Leonard is continued to June 6, 2007 at 9:30 a.m. as to Jose Anaya-Zepeda (1), and Miguel Angel Ayala Arias (2) Ordered by Magistrate Judge David L. Piester.(GJG, )ORDER - Plaintiff's unopposed motion to continue, filing 28 is granted. The deadline for plaintiff's responsive brief is extended to May 18, 2007. The portion of the suppression hearing regarding the testimony of Lt. Dennis Leonard is continued to June 6, 2007 at 9:30 a.m. as to Jose Anaya-Zepeda (1), and Miguel Angel Ayala Arias (2) Ordered by Magistrate Judge David L. Piester.(GJG, )
June 26, 2007
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REPORT AND RECOMMENDATION regarding the MOTION to Suppress filing 25, and MOTION to Suppress filing 23 as to defendant(s) Jose Anaya-Zepeda, and Miguel Angel Ayala Arias. IT THEREFORE HEREBY IS RECOMMENDED to the Honorable Richard G. Kopf, United States District Court Judge, that the defendants motion to suppress be denied in all respects. The parties are notified that a failure to object to this recommendation in accordance with the local rules of practice may be held to be a waiver of any right to appeal the district judge's adoption of this recommendation. IT FURTHER HEREBY IS ORDERED: Trial is set for 9:00 a.m. on August 13, 2007, for a duration of three 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 at the commencement of trial. Jury Trial set for 8/13/2007 09:00 AM in Courtroom 1 (Lincoln) before Judge Richard G. Kopf. Ordered by Magistrate Judge David L. Piester.(GJG, )REPORT AND RECOMMENDATION regarding the MOTION to Suppress filing 25, and MOTION to Suppress filing 23 as to defendant(s) Jose Anaya-Zepeda, and Miguel Angel Ayala Arias. IT THEREFORE HEREBY IS RECOMMENDED to the Honorable Richard G. Kopf, United States District Court Judge, that the defendants motion to suppress be denied in all respects. The parties are notified that a failure to object to this recommendation in accordance with the local rules of practice may be held to be a waiver of any right to appeal the district judge's adoption of this recommendation. IT FURTHER HEREBY IS ORDERED: Trial is set for 9:00 a.m. on August 13, 2007, for a duration of three 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 at the commencement of trial. Jury Trial set for 8/13/2007 09:00 AM in Courtroom 1 (Lincoln) before Judge Richard G. Kopf. Ordered by Magistrate Judge David L. Piester.(GJG, )
July 23, 2007
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MEMORANDUM AND ORDER - The Magistrate Judge's report and recommendation (filing 38) is adopted. Defendants' motions to suppress (filings 23 and 25) are denied in all respects as to defendants Jose Anaya-Zepeda and Miguel Angel Ayala Arias. Ordered by Judge Richard G. Kopf.(GJG, )MEMORANDUM AND ORDER - The Magistrate Judge's report and recommendation (filing 38) is adopted. Defendants' motions to suppress (filings 23 and 25) are denied in all respects as to defendants Jose Anaya-Zepeda and Miguel Angel Ayala Arias. Ordered by Judge Richard G. Kopf.(GJG, )
August 7, 2007
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ORDER - Defendant's motion to continue trial, filing 46 is granted. Trial of this matter is continued to 9:00 a.m., September 10, 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. The time between August 7, 2007 and September 10, 2007 shall be deemed excludable time in any computation of time under the requirements of the Speedy Trial Act as to Miguel Angel Ayala Arias (2). Jury Trial set for 9/10/2007 09:00 AM in Courtroom 1 (Lincoln) before Judge Richard G. Kopf. Ordered by Magistrate Judge David L. Piester.(GJG, )
August 31, 2007
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ORDER as to defendant Miguel Angel Ayala Arias. ***Change of Plea Hearing set for 10/9/2007 11:00 AM in Courtroom 1 (Lincoln) before Judge Richard G. Kopf. XT excludable started 8/31/2007-10/9/2007. Termed 9/10/2007 trial date. Ordered by Judge Richard G. Kopf.(KLL, )
August 31, 2007
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ORDER as to defendant Miguel Angel Ayala Arias. ***Change of Plea Hearing set for 10/10/2007 01:30 PM in Courtroom 2 (Lincoln) before Magistrate Judge David L. Piester. XT excludable started. Ordered by Judge Richard G. Kopf.(KLL, )
September 26, 2007
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TENTATIVE FINDINGS OF FACT regarding Revised Presentence Investigation Report as to defendant Jose Anaya-Zepeda. 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, )
October 9, 2007
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ORDER as to defendant Miguel Angel Ayala Arias. Because of the pending motion to withdraw, IT IS ORDERED: The plea hearing is continued until after new counsel has entered his appearance. Ordered by Magistrate Judge David L. Piester.(JAB)
October 10, 2007
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JUDGMENT as to Jose Anaya-Zepeda (1). Defendant plead guilty to Counts I and II of the Indictment and is hereby sentenced to the custody of the United States Bureau of Prisons to be imprisoned for a term of sixty (60) months; five (5) years of Supervised Release with Special Conditions; $100 Special Assessment. Defendant shall forfeit the 1996 green Toyota Camry as to Count II of the Indictment as to defendant Jose Anaya-Zepeda. Ordered by Judge Richard G. Kopf. 4 Certified Copies to USM.(GJG, )
October 15, 2007
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ORDER - New attorneys have entered appearances for defendant in this case. IT THEREFORE HEREBY IS ORDERED, The motion of Jonathan M. Braaten to withdraw as counsel for the defendant, filing 56, is granted. The change of plea hearing is rescheduled to November 12, 2007 at 1:00 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 Miguel Angel Ayala Arias (2). Ordered by Magistrate Judge David L. Piester.(GJG, )
October 15, 2007
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AMENDED ORDER The motion of Jonathan M. Braaten to withdraw as counsel for the defendant, filing 56 is granted. The change of plea hearing is rescheduled to November 9, 2007 at 1:30 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 theanticipated 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 defendant(s) Miguel Angel Ayala Arias. Change of Plea Hearing set for 11/9/2007 01:30 PM in Courtroom 2 (Lincoln) before Magistrate Judge David L. Piester. Ordered by Magistrate Judge David L. Piester.(GJG, )
November 9, 2007
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ORDER - The unopposed motion to continue the change of plea hearing 71 is granted and, The change of plea is continued to November 29, 2007 at 2:30p.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. The defendant shall be present at the hearing as to Miguel Angel Ayala Arias. Change of Plea Hearing set for 11/29/2007 02:30 PM in Courtroom 2 (Lincoln) before Magistrate Judge David L. Piester. Ordered by Magistrate Judge David L. Piester. (GJG, )
November 30, 2007
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ORDER regarding Hearing76 as to defendant Miguel Angel Ayala Arias. A status conference is set for January 10, 2008 at 1:15 p.m. before the undersigned in Courtroom 2, United States Courthouse and Federal Building, 100 Centennial Mall North, Lincoln, Nebraska. Defendant is required to be present. The time between November 30, 2007 and January 10, 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)
January 30, 2008
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PRELIMINARY ORDER OF FORFEITURE - The United States' Motion for Issuance of Preliminary Order of Forfeiture, filing 92, is hereby sustained. Based upon Count II of the Indictment and the Defendant's plea of guilty, the United States is hereby authorized to seize the 1996 green Toyota Camry, VIN 4T1BG12K1TU712695. The Defendant's interest in said property is hereby forfeited to the United States 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 United States in its 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 Jose Anaya-Zepeda (1). Ordered by Judge Richard G. Kopf. (1 Certified copy to USM)( GJG, ) Modified on 1/31/2008 to correct typo (GJG, ).
April 4, 2008
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TENTATIVE FINDINGS OF FACT regarding Presentence Investigation Report as to defendant Miguel Angel Ayala Arias. 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, )
April 7, 2008
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FINAL ORDER OF FORFEITURE sustaining 99 Motion as to Jose Anaya-Zepeda (1). All right, title and interest in and to the 1996 green Toyota Camry, VIN 4T1BG12K1TU712695, held by any person or entity, is hereby forever barred and foreclosed. 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. Ordered by Judge Richard G. Kopf. (1 Certified copy to USM)(JAB)
April 17, 2008
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JUDGMENT as to Miguel Angel Ayala Arias (2). The indictment is dismissed on the motion of the United States. Defendant pleaded guilty to Count I of the Information and is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a term of twenty-one (21) months; one (1) year of Supervised Release with Special Conditions; $100 (REMITTED) Special Assessment as to defendant Miguel Angel Ayala Arias. Ordered by Judge Richard G. Kopf. (4 Certified copies to USM)(GJG, )