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07-3132 - USA v. Lopez


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07-3132 - USA v. Lopez
November 5, 2007
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ORDER APPOINTING COUNSEL - Michael J. Hansen appointed as counsel as to defendant Fabian Perez Lopez as ordered by Magistrate Judge David L. Piester. (SED)
November 7, 2007
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ORDER of Detention pending trial as to defendant Fabian Perez Lopez as ordered by Magistrate Judge David L. Piester. (SED)
December 3, 2007
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ORDER regarding MOTION to Suppress Evidence or Alternatively, Dismiss the Indictment and Request for Evidentiary Hearing22 as to defendant Fabian Perez Lopez. An evidentiary hearing on defendant's motion to suppress evidence will be held before the undersigned on December 19, 2007 beginning at 1:30 P.M. in Courtroom #2, United States Courthouse and Federal Building, 100 Centennial Mall North, Lincoln, Nebraska. The court has set aside two hours for this hearing. Trial of this case is continued until further order of the court following resolution of outstanding motions. Ordered by Magistrate Judge David L. Piester. (JAB)
December 3, 2007
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ORDER - An evidentiary hearing on defendant's motion to suppress evidence, filing 22 will be held before the undersigned on December 19, 2007, beginning at 1:30 P.M. in Courtroom #2, United States Courthouse and Federal Building, 100 Centennial Mall North, Lincoln, Nebraska. The court has set aside two hours for this hearing. The defendant, defendants counsel, and counsel for the government shall be present at this hearing. Pursuant to NECrimR 12.5, copies of all exhibits expected to be offered into evidence during the hearing, except those to be used for impeachment only, shall be delivered to the chambers of the undersigned at least twenty-four (24) hours before the hearing and, at the outset of the hearing, to the extent reasonably possible, the parties shall provide the undersigned and the courtroom deputy with a written list of all witnesses the parties expect to call. As to all defendants, the trial of this case is continued until further order of the court following resolution of outstanding motions as to Fabian Perez Lopez (1). Ordered by Magistrate Judge David L. Piester. ( GJG, )
December 19, 2007
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MEMORANDUM, ORDER AND RECOMMENDATION to the Honorable Richard G. Kopf that the MOTION to Suppress Evidence or Alternatively, Dismiss the Indictment and Request for Evidentiary Hearing22 be granted in all respects as to defendant Fabian Perez Lopez. Counsel are given 10 days from the date a transcript of this hearing is available to file objections. Ordered by Magistrate Judge David L. Piester. (JAB)
January 29, 2008
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MEMORANDUM AND ORDER - The government's objections (filing 35) to the magistrate judge's report and recommendation are sustained. The report and recommendation (filing 28) is not adopted. The defendant's motion to suppress evidence, or, alternatively, to dismiss the indictment (filing 22), is granted in part and denied in part, as follows: a. Any statements made by the defendant in response to questioning by Trooper David Frye, prior to the defendant being advised of his Miranda rights, shall not be admissible in evidence. b. In all other respects, the motion is denied as to Fabian Perez Lopez. Ordered by Judge Richard G. Kopf. ( GJG, )
July 11, 2008
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TENTATIVE FINDINGS OF FACT regarding Revised Presentence Investigation Report and Addendum as to defendant Fabian Perez Lopez. It is ordered that: (1) The defendant's objection 51 to lack of mitigating role adjustment 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, )
July 18, 2008
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ORDER as to defendant Fabian Perez Lopez. It is ordered that: (1) Defendant's Unopposed Motion to Continue Sentencing Hearing 55 is granted; (2) Defendant's sentencing hearing is continued to 8/27/2008 12:30 p.m. Ordered by Judge Richard G. Kopf. (KLL, )
August 28, 2008
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JUDGMENT as to Fabian Perez Lopez (1). Defendant pleaded guilty to Count I of the Indictment and was committed to the custody of Bureau of Prisons for 46 months, 5 years supervised release with special conditions, and pay $100 special assessment. Defendant remanded to custody of USM. Criminal Case Terminated as to defendant Fabian Perez Lopez. Ordered by Judge Richard G. Kopf. (4 Certified copies to USM)(CCB)
September 4, 2008
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ORDER permitting the defendant to proceed on appeal in forma pauperis as to defendant Fabian Perez Lopez. Ordered by Judge Richard G. Kopf. (GJG, )