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07-3149 - USA v. Baasch


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07-3149 - USA v. Baasch
December 10, 2007
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ORDER granting 8 Oral Motion as to Carolyn M. Baasch. The initial appearance/detention hearing is continued from December 11 to December 13, 2007 at 2:45 p.m. Ordered by Magistrate Judge David L. Piester. (CAR)
December 13, 2007
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ORDER of Detention pending trial as to defendant Carolyn M. Baasch. Ordered by Magistrate Judge David L. Piester. (GJG, )
January 15, 2008
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ORDER granting 23 Motion to Continue as to Carolyn M. Baasch (1). The deadline for defendant to file pretrial motions is extended to January 25, 2008. The time between January 15, 2008 and January 25, 2008 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)
February 5, 2008
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ORDER granting 27 Motion to Continue Trial as to Carolyn M. Baasch (1). Jury Trial continued to 3/10/2008 09:00 AM in Courtroom 1 - Lincoln before Judge Richard G. Kopf. The time between February 5, 2008 and March 10, 2008 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)
February 26, 2008
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ORDER granting 33 Motion to Continue as to Carolyn M. Baasch (1). The defendant's trial is set to commence at 9:00 a.m. on April 14, 2008 for a duration of four trial days before the Honorable Richard G. Kopf. Jury selection will be at the commencement of trial. The time between today's date and April 14, 2008 shall be excluded for speedy trial calculation purposes. Jury Trial set for 4/14/2008 09:00 AM in Courtroom 1 - Lincoln before Judge Richard G. Kopf. Ordered by Magistrate Judge David L. Piester. ( GJG, )
July 30, 2008
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ORDER as to defendant Carolyn M. Baasch. On the court's own motion, and to accommodate a change in the undersigned's schedule, IT IS ORDERED that Defendant Baasch's sentencing is rescheduled to 9:30 a.m. on Thursday, August 7, 2008, before the undersigned United States District Judge, in Courtroom No. 1, Robert V. Denney Federal Building and United States Courthouse, 100 Centennial Mall North, Lincoln, Nebraska. The defendant shall be present unless excused by the court. Ordered by Judge Richard G. Kopf. (KLL, )
August 4, 2008
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TENTATIVE FINDINGS OF FACT as to defendant Carolyn M. Baasch. It is ordered that: (1) (A)The government's motion for upward departure 51 and the defendant's related "statement of position" opposing that departure 50 will be taken up at a two-hour evidentiary hearing scheduled on Friday, August 22, 2008, from 1:00 to 3:00 p.m. The undersigned intends to rule from the bench immediately following that evidentiary hearing. (B) After the ruling described in the preceding subparagraph (A), the defendant and the government shall consult, and attempt to reach agreement, on the defendant's eligibility for the "safety-valve." If no agreement is reached, the defendant may file a motion or objection to the presentence report seeking a determination of her eligibility for the "safety-valve." That motion must be filed no later than five calendar days before the sentencing proceeding described in subparagraph (C). Absent the filing of such a motion, the defendant shall not be eligible for the "safety-valve." (C) Defendant's sentencing is scheduled for Friday, September 19, 2008, at 12:00 noon. (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, )
August 22, 2008
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ORDER as to defendant Carolyn M. Baasch. It is ordered that: (1) The government's objection to the presentence report regarding criminal history (filing 51, paragraph 1) is denied. The court finds that the government failed to prove that the defendant trafficked controlled substances while on supervised release. (2) The government's motion to upwardly depart because of under representation of criminal history (filing 51, paragraph 3) is denied to the extent that the government contends that an upward departure is warranted because the defendant used or dealt drugs while on supervised release. (3) The government's motion to upwardly depart because the earlier federal felony conviction for drugs garnered only one criminal history point and therefore substantially under represents the defendant's criminal history (filing 51, paragraph 3) is granted. The court will assess one additional criminal history point. (4) Based upon the government's concession that the foregoing ruling does not disqualify the defendant from the safety-valve, it is so ordered. Accordingly, if the defendant wishes to qualify for the safety-valve, she is instructed to arrange a safety-valve interview with the government. Ordered by Judge Richard G. Kopf. (KLL, )
September 25, 2008
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JUDGMENT as to defendant Carolyn M. Baasch (1). DEFENDANT pleaded guilty to count I of the Indictment and is committed to the custody of the Bureau of Prisons for 97 months; 5 years supervised release with special conditions; $100.00 special assessment. Ordered by Judge Richard G. Kopf. (4 Certified copies to USM)(LKL)
December 17, 2008
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ORDER granting 71 Motion for Release of Funds to the extent that the Clerk of Court is directed to refund the bond proceeds to the person who posted it as shown by the Clerk's office records as to Carolyn M. Baasch (1). Ordered by Judge Richard G. Kopf. (Copy to Finance)(JAB)