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07-3117 - USA v. Vega et al


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07-3117 - USA v. Vega et al
August 29, 2007
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ORDER APPOINTING COUNSEL - Franklin E. Miner appointed as counsel as to defendant Santiago Almazan Rios as ordered by Magistrate Judge David L. Piester.(SED)
August 29, 2007
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ORDER of Detention pending trial as to defendant Santiago Almazan Rios as ordered by Magistrate Judge David L. Piester. (SED)
August 29, 2007
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ORDER APPOINTING COUNSEL - John C. Vanderslice appointed as counsel as to defendant Johnny Vega as ordered by Magistrate Judge David L. Piester. (SED)
August 29, 2007
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ORDER of Detention pending trial as to defendant Johnny Vega as ordered by Magistrate Judge David L. Piester. (SED)
October 2, 2007
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ORDER - Defendant's motion for extension of deadline, filing 24, is granted and the deadline for pretrial motions is extended to October 2, 2007 as to Santiago Almazan Rios (2). Ordered by Magistrate Judge David L. Piester.(CS, )
October 2, 2007
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ORDER granting defendant's 23 Motion to Seal as to Johnny Vega (1). Ordered by Magistrate Judge David L. Piester.(CS, )
October 25, 2007
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MEMORANDUM AND ORDER - The previous order of release, filing 32, is revoked, and the defendant shall be detained in the custody of the United States Marshal until further order as to defendant Johnny Vega. Ordered by Magistrate Judge David L. Piester. (1 Certified copy to USM)(CS, )
November 7, 2007
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ORDER - The oral motion of counsel for defendant is granted and, the change of plea is continued to November 20, 2007 at 2:00 p.m. 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 defendant's 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. § 3161(h)(8)(A) & (B). The defendant shall be present at the hearing as to Johnny Vega (1). Ordered by Magistrate Judge David L. Piester. (CS, )
November 16, 2007
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REPORT, RECOMMENDATION AND ORDER - IT THEREFORE HEREBY IS RECOMMENDED to the Hon. Richard G. Kopf, United States District Judge, that the motion to suppress, filing 26, be denied in all respects. The parties are notified that failure to object to this recommendation in accordance with the local rules may result in loss of the opportunity to challenge the factual findings herein on appeal. FURTHER, IT HEREBY IS ORDERED, Trial of this matter is set to commence at 9:00 a.m. on January 14, 2008 before the Hon. Richard G. Kopf, United States District Judge. Jury selection will be at commencement of trial. Trial is scheduled for a duration of four trial days as to defendant Santiago Almazan Rios. Ordered by Magistrate Judge David L. Piester. (CS, )
November 19, 2007
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ORDER granting 49 Joint Oral Motion as to Johnny Vega (1). The change of plea is continued to December 13, 2007 at 1:45 p.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. Ordered by Magistrate Judge David L. Piester. (JAB)
December 5, 2007
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ORDER denying 26 Motion to Suppress and adopting 48 Report and Recommendations as to Santiago Almazan Rios. Ordered by Judge Richard G. Kopf. ( KLL, )
December 10, 2007
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ORDER - the defendant's motion to reconsider (filing 54) is granted. The defendant shall have until December 17, 2007, to file an objection and supporting brief to the undersigned's December 5 order (filing 53) as to Santiago Almazan Rios (2). Ordered by Judge Richard G. Kopf. ( CS, )
December 17, 2007
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MEMORANDUM AND ORDER as to Santiago Almazan Rios. It is ordered that: (1) The report and recommendation 48 is adopted. (2) The objection 59 is denied.(3) The motion to suppress 26 is denied. Ordered by Judge Richard G. Kopf. ( KLL, )
December 21, 2007
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ORDER as to defendant Santiago Almazan Rios. ***Change of plea set on 2/7/2008 at 1:30 PM before Magistrate Judge Piester. XT excludable started 12/21/2007-2/7/2008. Termed 1/14/2008 trial date. Ordered by Judge Richard G. Kopf. (KLL, )
February 11, 2008
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PRELIMINARY ORDER OF FORFEITURE regarding 86 Motion for Preliminary Forfeiture as to Santiago Almazan Rios (2). Based upon Count III of the Indictment and the Defendant's plea of guilty, the United States is hereby authorized to seize the Star semi-automatic handgun, serial number 015909. 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). 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. Ordered by Judge Richard G. Kopf. (1 Certified copy to USM) (JAB)
February 21, 2008
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TENTATIVE FINDINGS OF FACT regarding Revised Presentence Investigation Report as to defendant Johnny Vega. 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 Johnny Vega (1). DEFENDANT pleaded guilty to count I of the Indictment and is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a term of one hundred eighty-eight (188) months. Upon release from imprisonment, the defendant shall be on supervised release with special conditions for a term of five (5) years. A $100 Special Assessment and Restitution in the amount of $600.00 is hereby ordered. Ordered by Judge Richard G. Kopf. (4 Certified copies to USM)(JAB)
March 12, 2008
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ORDER regarding Notice of Appeal to USCA99 as to defendant Johnny Vega. No order will be entered in this direct criminal appeal, and the party is permitted to proceed on appeal in forma pauperis. Ordered by Judge Richard G. Kopf. (JAB)
April 16, 2008
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TENTATIVE FINDINGS OF FACT regarding Revised Presentence Investigation Report as to defendant Santiago Almazan Rios. 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 29, 2008
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FINAL ORDER OF FORFEITURE regarding motion 116.The Plaintiff's Motion for Final Order of Forfeiture is hereby sustained. All right, title and interest in and to the Star semi-automatic handgun, serial number 015909, 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)(LKL)
April 30, 2008
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JUDGMENT as to Santiago Almazan Rios. Defendant pleaded guilty to Counts I, II and III of the Indictment and is hereby committed to the custody of the United States Bureau Prisons to be imprisoned for a term of 87 months as to Count I and 60 months as to Count II, said terms to run consecutive; five (5) years of Supervised Release with Special Conditions as to Counts I and II, said terms to run concurrent; $200 Special Assessment; Final order of forfeiture filed on 04/29/2008 as to Count III as to defendant(s) Santiago Almazan Rios. Ordered by Judge Richard G. Kopf. (4 Certified copies to USM)(GJG, )
August 6, 2015
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ORDER REDUCING SENTENCE - USSC Amendment as to Santiago Almazan Rios (2). The defendant's previously imposed sentence of imprisonment of 87 months on Count I is reduced to 70 months on Count I. The consecutive sentence of 60 months imprisonment imposed on Count II remains unchanged. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(GJG)
June 2, 2016
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ORDER that this case is held in abeyance until further order of this court. Counsel shall promptly advise me when the United States Court of Appeals for the Eighth Circuit or the United States Supreme Court decides one way or the other whether the Johnson decision applies to a case (i) where the underlying criminal action was final before Johnson was decided and (ii) that involves a challenge to the "residual clause" of U.S.S.G. § 4B1.2(a)(2) based upon Johnson as to defendant Johnny Vega. Ordered by Senior Judge Richard G. Kopf. (JSF)
March 24, 2017
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ORDER that the defendant's motion to dismiss (filing no. 153) is granted and the defendant's motion to vacate under 28 U.S.C. § 2255 (filing no. 150) is dismissed without prejudice as to defendant Johnny Vega. Ordered by Senior Judge Richard G. Kopf. (LAC)