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07-3107 - USA v. Dix et al


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07-3107 - USA v. Dix et al
September 25, 2007
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ORDER - The motion of Defendant Mark Dix for extension of deadline to file pretrial motions, filing 19, is granted, and the deadline is extended to October 1, 2007 as to Mark D. Dix (1). Ordered by Magistrate Judge David L. Piester.(CS, )
September 25, 2007
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ORDER - Defendant's motion to extend date for filing pretrial motions, filing 20, is granted and the deadline for filing pretrial motions is extended to October 1, 2007 as to Maria B. Dix (2). Ordered by Magistrate Judge David L. Piester.(CS, )
October 10, 2007
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WITHDRAWN - ORDER granting 30 Motion to Continue as to Mark D. Dix (1) and Maria B. Dix (2). This matter comes before the Court on the Plaintiffs Motion to Continue Evidentiary Hearing, filing 30. IT IS ORDERED, The Court, being duly advised in the premises, finds that the Motion should be granted. The evidentiary hearing is rescheduled for November 13, 2007 at 9:00 a.m. before the undersigned United States Magistrate Judge, in Courtroom No. 2, Robert V. Denney Federal Building and United States Courthouse, 100 Centennial Mall North, Lincoln, Nebraska. Ordered by Magistrate Judge David L. Piester.(JAB) Modified on 10/11/2007 - Withdrawn pursuant to order 32 (CS, ).WITHDRAWN - ORDER granting 30 Motion to Continue as to Mark D. Dix (1) and Maria B. Dix (2). This matter comes before the Court on the Plaintiffs Motion to Continue Evidentiary Hearing, filing 30. IT IS ORDERED, The Court, being duly advised in the premises, finds that the Motion should be granted. The evidentiary hearing is rescheduled for November 13, 2007 at 9:00 a.m. before the undersigned United States Magistrate Judge, in Courtroom No. 2, Robert V. Denney Federal Building and United States Courthouse, 100 Centennial Mall North, Lincoln, Nebraska. Ordered by Magistrate Judge David L. Piester.(JAB) Modified on 10/11/2007 - Withdrawn pursuant to order 32 (CS, ).
October 11, 2007
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ORDER - 1. The order dated October 10, 2008, filing 31, is withdrawn. 2. Defendant's motion to continue evidentiary hearing, filing 30, is granted and the evidentiary hearing is rescheduled from October 31 to November 13, 2007 at 9:00 a.m. before the undersigned United States Magistrate Judge, in Courtroom No. 2, Robert V. Denney Federal Building and United States Courthouse, 100 Centennial Mall North, Lincoln, Nebraska as to defendants Mark D. Dix and Maria B. Dix. Ordered by Magistrate Judge David L. Piester.(CS, )ORDER - 1. The order dated October 10, 2008, filing 31, is withdrawn. 2. Defendant's motion to continue evidentiary hearing, filing 30, is granted and the evidentiary hearing is rescheduled from October 31 to November 13, 2007 at 9:00 a.m. before the undersigned United States Magistrate Judge, in Courtroom No. 2, Robert V. Denney Federal Building and United States Courthouse, 100 Centennial Mall North, Lincoln, Nebraska as to defendants Mark D. Dix and Maria B. Dix. Ordered by Magistrate Judge David L. Piester.(CS, )
October 17, 2007
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MEMORANDUM AND ORDER - The motion, filing 23, is granted. On or before October 30, 2007 the government shall provide information about the canine Dekon to counsel for the defendant, if it has not already been provided. The Government shall file a certificiate of service when it has provided this information to the defendant's counsel as to Mark D. Dix (1) and Maria B. Dix (2). Ordered by Magistrate Judge David L. Piester.(CS, )MEMORANDUM AND ORDER - The motion, filing 23, is granted. On or before October 30, 2007 the government shall provide information about the canine Dekon to counsel for the defendant, if it has not already been provided. The Government shall file a certificiate of service when it has provided this information to the defendant's counsel as to Mark D. Dix (1) and Maria B. Dix (2). Ordered by Magistrate Judge David L. Piester.(CS, )
November 14, 2007
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MEMORANDUM AND ORDER - The motions, filings 35 and 37, are granted. Defendants' orders of release are amended accordingly. Defendants shall continue to report to their supervising pretrial services officers as directed by them. The newly assigned pretrial services officer in Nebraska shall continue to monitor the defendants and request an investigation into the suitability of the proposed residence in California. In the event the residence is found not to be suitable, that matter shall be brought before this court as to Mark D. Dix and Maria B. Dix. Ordered by Magistrate Judge David L. Piester. (CS, )MEMORANDUM AND ORDER - The motions, filings 35 and 37, are granted. Defendants' orders of release are amended accordingly. Defendants shall continue to report to their supervising pretrial services officers as directed by them. The newly assigned pretrial services officer in Nebraska shall continue to monitor the defendants and request an investigation into the suitability of the proposed residence in California. In the event the residence is found not to be suitable, that matter shall be brought before this court as to Mark D. Dix and Maria B. Dix. Ordered by Magistrate Judge David L. Piester. (CS, )
November 29, 2007
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REPORT AND RECOMMENDATION to the Honorable Richard G. Kopf that the defendants' Motions to Suppress Evidence and Statement 24 and 26 be denied in all respects as to defendants Mark D. Dix and Maria B. Dix. The parties are notified that failure to object to this recommendation as provided in the local rules may result in a waiver of the right to appeal the district judges adoption of findings in the recommendation. FURTHER, IT HEREBY IS ORDERED, Trial of this matter is set to commence at 9:00 a.m. on January 22, 2008 before the Hon. Richard G. Kopf in Courtroom #1, Robert V. Denney United States Courthouse and Federal Building, Lincoln, Nebraska. Ordered by Magistrate Judge David L. Piester. (JAB)REPORT AND RECOMMENDATION to the Honorable Richard G. Kopf that the defendants' Motions to Suppress Evidence and Statement 24 and 26 be denied in all respects as to defendants Mark D. Dix and Maria B. Dix. The parties are notified that failure to object to this recommendation as provided in the local rules may result in a waiver of the right to appeal the district judges adoption of findings in the recommendation. FURTHER, IT HEREBY IS ORDERED, Trial of this matter is set to commence at 9:00 a.m. on January 22, 2008 before the Hon. Richard G. Kopf in Courtroom #1, Robert V. Denney United States Courthouse and Federal Building, Lincoln, Nebraska. Ordered by Magistrate Judge David L. Piester. (JAB)
December 14, 2007
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ORDER as to defendants Mark D. Dix and Maria B. Dix. It is ordered that Maria Dix's motion for additional time to file an objection 48 and Mark Dix's motion for enlargement of time to file objections 49 are granted. The defendants are given until January 16, 2008, in which to file objections to the Report, Recommendation and Order. Ordered by Judge Richard G. Kopf. (KLL, )ORDER as to defendants Mark D. Dix and Maria B. Dix. It is ordered that Maria Dix's motion for additional time to file an objection 48 and Mark Dix's motion for enlargement of time to file objections 49 are granted. The defendants are given until January 16, 2008, in which to file objections to the Report, Recommendation and Order. Ordered by Judge Richard G. Kopf. (KLL, )
February 6, 2008
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ORDER as to defendants Mark D. Dix and Maria B. Dix. It is ordered that: (1) The defendants' motions to continue entry of plea 56 58 are granted. (2) A hearing on Defendant Mark Dix's anticipated plea of guilty is rescheduled before United States District Judge Richard Kopf to Thursday, March 13, 2008 at12:30 p.m., in Courtroom No. 1, United States Courthouse and Federal Building, 100 Centennial Mall, North, Lincoln, Nebraska. (3) A hearing on Defendant Maria Dix's anticipated plea of guilty is rescheduled before United States District Judge Richard Kopf to Thursday, March 13, 2008 at1:00 p.m., in Courtroom No. 1, United States Courthouse and Federal Building, 100 Centennial Mall, North, Lincoln, Nebraska. (4) For these defendants, 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. See 18 U.S.C. sec. 3161(h)(1)(I)&(h)(8)(A)(B). Ordered by Judge Richard G. Kopf. (KLL, )ORDER as to defendants Mark D. Dix and Maria B. Dix. It is ordered that: (1) The defendants' motions to continue entry of plea 56 58 are granted. (2) A hearing on Defendant Mark Dix's anticipated plea of guilty is rescheduled before United States District Judge Richard Kopf to Thursday, March 13, 2008 at12:30 p.m., in Courtroom No. 1, United States Courthouse and Federal Building, 100 Centennial Mall, North, Lincoln, Nebraska. (3) A hearing on Defendant Maria Dix's anticipated plea of guilty is rescheduled before United States District Judge Richard Kopf to Thursday, March 13, 2008 at1:00 p.m., in Courtroom No. 1, United States Courthouse and Federal Building, 100 Centennial Mall, North, Lincoln, Nebraska. (4) For these defendants, 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. See 18 U.S.C. sec. 3161(h)(1)(I)&(h)(8)(A)(B). Ordered by Judge Richard G. Kopf. (KLL, )
March 13, 2008
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ORDER as to Mark D. Dix. The defendant has pleaded guilty and has withdrawn the motion to suppress. Therefore, IT IS ORDERED that the motion to suppress 24 and the report and recommendation 47 are denied as moot. Ordered by Judge Richard G. Kopf. ( KLL, )
March 13, 2008
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ORDER as to Maria B. Dix. The defendant has pleaded guilty and has withdrawn the motion to suppress. Therefore,IT IS ORDERED that the motion to suppress 26 and the report and recommendation 47 are denied as moot. Ordered by Judge Richard G. Kopf. ( KLL, )
March 13, 2008
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ORDER - The Clerk of the Court shall refund the bond money to the party who deposited it. The order setting conditions of release filing 9 is amended to strike the requirement that the defendant post a percentage of the bond in cash. The defendant's motion to modify conditions of release (filing 62) is granted as to defendant(s) Mark D. Dix Ordered by Judge Richard G. Kopf. (copy to financial)(GJG, )
March 13, 2008
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ORDER - The Clerk of the Court shall refund the bond money to the party who deposited it. The order setting conditions of release 10 is amended to strike the requirement that the defendant post a percentage of the bond in cash. The defendant's motion to modify conditions of release (filing 63) is granted as to defendant(s) Maria B. Dix. Ordered by Judge Richard G. Kopf. (copy to financial)(GJG, )
May 21, 2008
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TENTATIVE FINDINGS OF FACT regarding Revised Presentence Investigation Report and Addendum, as to defendant Maria B. Dix. It is ordered that: (1) The defendant's objection 83 to role in the offense and related motion for departure or variance will be resolved at sentencing. (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, )
May 21, 2008
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TENTATIVE FINDINGS OF FACT regarding Revised Presentence Investigation Report and Addendum, as to defendant Mark D. Dix. It is ordered that: (1) The defendant's objection 80 to role in the offense and related motion for departure or variance will be resolved at sentencing. (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, )
May 27, 2008
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ORDER as to defendants Mark D. Dix and Maria B. Dix. I am in receipt of an objection to tentative findings submitted by Maria Dix. I am also in receipt of a motion to join evidentiary hearing filed by Mark Dix. After consideration of the foregoing,IT IS ORDERED that:(1)A 2.5 hour consolidated evidentiary hearing is scheduled in this case, with sentencing to follow, from 10:30 a.m.-1:00 p.m., on Thursday, May 29, 2008, at which time all parties and their counsel shall be present. (2)The court notes that in paragraph 2 of its tentative findings (filing 86) it recognized that there was a motion for departure or variance, and to the extent the introduction to the tentative findings indicated that there were no motions for departure or variance, the introduction was in error. Ordered by Judge Richard G. Kopf. (KLL, )ORDER as to defendants Mark D. Dix and Maria B. Dix. I am in receipt of an objection to tentative findings submitted by Maria Dix. I am also in receipt of a motion to join evidentiary hearing filed by Mark Dix. After consideration of the foregoing,IT IS ORDERED that:(1)A 2.5 hour consolidated evidentiary hearing is scheduled in this case, with sentencing to follow, from 10:30 a.m.-1:00 p.m., on Thursday, May 29, 2008, at which time all parties and their counsel shall be present. (2)The court notes that in paragraph 2 of its tentative findings (filing 86) it recognized that there was a motion for departure or variance, and to the extent the introduction to the tentative findings indicated that there were no motions for departure or variance, the introduction was in error. Ordered by Judge Richard G. Kopf. (KLL, )
June 2, 2008
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JUDGMENT as to defendant Maria B. Dix (2). DEFENDANT pleaded guilty to count I of the Indictment and is committed to the custody of the Bureau of Prisons for time served; 5 years supervised release with special conditions; $100.00 (paid)special assessment. Count II of the Indictment is dismissed on the motion of the United States as to this defendant only. Ordered by Judge Richard G. Kopf. (4 Certified copies to USM)(LKL)
June 2, 2008
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JUDGMENT as to defendant Mark D. Dix (1). DEFENDANT pleaded guilty to Count I of the Indictment and is committed to the custody of the Bureau of Prisons for 24 months; 5 years supervised release with special conditions; $100.00 (paid) special assessment. Count II of the Indictment is dismissed on the motion of the United States. Ordered by Judge Richard G. Kopf. (4 Certified copies to USM) (LKL)
September 2, 2008
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MEMORANDUM AND ORDER granting 111 Motion to Continue surrender date as to Mark D. Dix (1). The defendant's commitment date to the Federal Bureau of Prisons is hereby continued to September 10, 2008, at or before 2:00 p.m. Ordered by Judge Richard G. Kopf. (1 Certified copy to USM)(JAB)