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07-3061 - USA v. Childers


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07-3061 - USA v. Childers
June 14, 2007
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PRELIMINARY ORDER OF FORFEITURE - The United States' 18 Motion for Issuance of Preliminary Order of Forfeiture is hereby sustained. Based upon Count II of the Indictment and the Defendant's plea of guilty, the United States Immigration and Customs Enforcement for the District of Nebraska ("ICE") is hereby authorized to seize the following-described properties: a. E-Machine W3050 CPU, serial number CA74C10011314 b. E-Machine W4065 CPU, serial number QVG2C50201261 c. Ultra Tower CPU, serial number MSEM15834 C. Defendant's interest in said properties are hereby forfeited to the United States of America for disposition in accordance with the law, subject to the provisions of 18 U.S.C., § 2253. Upon adjudication of all third-party interests, this Court will enter a Final Order of Forfeiture pursuant to 18 U.S.C. § 2253, in which all interests will be addressed as to Trevor Childers (1). Ordered by Judge Richard G. Kopf. (Certified copy to USM)(CS, )
June 21, 2007
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ORDER as to defendant Trevor Childers. It is ordered that: (1) The defendant's motion to continue 20 is granted; (2) Sentencing reset to 9/12/2007 01:00 PM in Courtroom 1 (Lincoln) before Judge Richard G. Kopf. Ordered by Judge Richard G. Kopf.(KLL, )
June 22, 2007
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ORDER as to defendant Trevor Childers. It is ordered that the defendant's motion for continuance 24 is granted as per the undersigned's order dated June 21, 2007 21. Ordered by Judge Richard G. Kopf.(KLL, )
August 17, 2007
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TENTATIVE FINDINGS OF FACT regarding Revised Presentence Investigation Report as to defendant Trevor Childers. It is ordered that: (1) Even if I take as true the specific facts (as opposed to the conclusions) recited in the submissions of the defendant (filing 31 (Statement of Position), filing 29 -1 (Motion) and filing 29 -2 (Brief)), I will not depart. The defendant is a 27 year old man with no criminal history and he is charged with possessing hundreds of images of child pornography. The fact that he was addicted to pornography, the fact that following these charges, he engaged in counseling and has done well in that work, the fact that he has not violated pretrial release conditions, and the fact that he has no criminal history, taken together or in isolation, do move this case out of the "heartland" of child pornography cases. If anything, and sadly, the defendant is fairly typical. Thus, departure from the advisory Guidelines is not warranted and the motion (filing 29 -1) is denied. (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, )
September 12, 2007
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FINAL ORDER OF FORFEITURE regarding 34 Motion for Final Forfeiture as to Trevor Childers (1). The Plaintiff's Motion for Final Order of Forfeiture is hereby sustained. All right, title and interest in and to the described properties held by any person or entity, are hereby forever barred and foreclosed. The same hereby are, forfeited to the United States of America. The United States Immigration and Customs Enforcement for the District of Nebraskais directed to dispose of said properties in accordance with law. Ordered by Judge Richard G. Kopf. (Copy to USM)(JAB)
September 13, 2007
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JUDGMENT as to defendant Trevor Childers (1): Upon guilty plea to Counts 1 and 2 of the Indictment, the defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a term of fifty-one (51) months. Upon release from imprisonment, the defendant shall be on supervised release with special conditions for a term of five (5) years. The defendant shall pay the special assessment in the amount of $100.00. 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 90 days from today's date as notified by the United States Marshal. Final order of forfeiture filed on 09/12/2007 as to Count 2. Ordered by Judge Richard G. Kopf. (4 certified copies to USM)(JAB)
February 25, 2008
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ORDER granting 43 Request for Transcript (Non-Party) as to Trevor Childers (1). The clerk's office is directed to mail a copy of this order to the party requesting the transcript. Ordered by Judge Richard G. Kopf. (Copy mailed to pro se party, Sara notified)(JAB)
September 25, 2008
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MEMORANDUM AND ORDER denying 47 Motion to Vacate (2255) as to Trevor Childers (1). On this record, P. Stephen Potter performed at least as well as the average federal criminal defense lawyer. Furthermore, the record establishes that Potter's representation did not prejudice Childers. Ordered by Judge Richard G. Kopf. (JAB) Civil Case 4:08-cv-03193-RGK closed.
September 25, 2008
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JUDGMENT as to defendant Trevor Childers (1) regarding Order on Motion to Vacate (2255)48. Judgment is entered for the United States of America and against Trevor Childers, providing that Childers shall take nothing and his § 2255 motion is denied and dismissed with prejudice. Ordered by Judge Richard G. Kopf. (JAB)