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07-3109 - USA v. Gates


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07-3109 - USA v. Gates
November 5, 2007
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ORDER granting 14 Motion to Continue as to Theresa Gates. Jury Trial continued to 11/26/2007 at 09:00 AM in Courtroom 1 (Lincoln) before Judge Richard G. Kopf. XT excludable started 11/5/07 - 11/26/07. Ordered by Magistrate Judge David L. Piester. (CAR)
November 26, 2007
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ORDER - The oral motion of defendant is granted and, 1. This case, insofar as it concerns this defendant, is removed from the trial docket based upon the request of the defendant. 2. A hearing on the defendant's anticipated plea of guilty is scheduled before Magistrate Judge Piester on the 13th day of December, 2007, at the hour of 2:15 p.m., in Courtroom No. 2, United States Courthouse and Federal Building, 100 Centennial Mall North, Lincoln, Nebraska. 3. On or before the date set for the plea proceeding, counsel for plaintiff and for defendant shall provide to the assigned probation officer their respective versions of the offense for purposes of preparing the presentence investigation report. 4. The ends of justice will be served by granting such a motion, and outweigh the interests of the public and the defendant in a speedy trial, and the additional time arising as a result of the granting of the motion, 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, for the reason that defendants counsel requires additional time to adequately prepare the case, taking into consideration due diligence of counsel, the novelty and complexity of the case, and the fact that the failure to grant additional time might result in a miscarriage of justice. 18 U.S.C. ยง 3161(h)(8)(A)&(B). 5. Defendant shall appear for this hearing as to Theresa Gates (1). Ordered by Magistrate Judge David L. Piester. (CS, )
December 13, 2007
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REPORT AND RECOMMENDATION ON PLEA OF GUILTY It is recommended to Judge Richard G. Kopf that he accept the guilty plea and find the defendant guilty of the crime to which the defendant tendered a guilty plea; and he accept any written plea agreement atttached to the petition to enter a plea of guilty as to defendant Theresa Gates. IT IS ORDERED: if any party objects, they shal do so no later than 10 calendar days following the date of this Report and Recommendation. Ordered by Magistrate Judge David L. Piester. (GJG, )
December 19, 2007
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ORDER as to defendant Theresa Gates. It is ordered that: (1) The defendant, her counsel and the prosecutor shall appear before me at a hearing on Friday, January 11, 2007, at 12:00 noon. (2) At the hearing, the defendant shall be prepared to admit or deny that she knew she was ordering ephedrine from outside the United States for delivery into the United States. (3) The report and recommendation 23 will be held in abeyance until resolution of the foregoing matter. (4) Judge Piester has been provided with a copy of this memorandum and order. Ordered by Judge Richard G. Kopf. (KLL, )
February 21, 2008
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TENTATIVE FINDINGS OF FACT regarding Revised Presentence Investigation Report as to defendant Theresa Gates. 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, )
March 4, 2008
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JUDGMENT as to defendant Theresa Gates (1): DEFENDANT pleaded guilty to count I of the Indictment and there will be no period of custody or probation as to this defendant. The defendant has paid the special assessment in the amount of $100.00 and the fine in the amount of $250.00. Ordered by Judge Richard G. Kopf. (1 Certified copy to USM)(JAB)