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08-3031 - USA v. McNally et al


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08-3031 - USA v. McNally et al
February 27, 2008
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ORDER APPOINTING COUNSEL - Joseph F. Gross, Jr appointed as counsel as to defendant Amy L. McNally as ordered by Magistrate Judge David L. Piester. (SED)
February 27, 2008
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ORDER APPOINTING COUNSEL - Chad J. Wythers appointed as counsel as to defendant Mark M. Therien as ordered by Magistrate Judge David L. Piester. (SED)
February 27, 2008
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ORDER of Detention pending trial as to defendant Amy L. McNally as ordered by Magistrate Judge David L. Piester. (SED)
February 27, 2008
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ORDER of Detention pending trial as to defendant Mark M. Therien as ordered by Magistrate Judge David L. Piester. (SED)
May 27, 2008
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ORDER granting 26 Motion for Release as to Mark M. Therien (2). Defendant is given leave to attend his father's funeral scheduled for Wednesday, May 28, 2008 at 9:00 a.m. at the Indian Center at 1100 Military Rd in Lincoln, Nebraska. Defendant Therien shall be temporarily released from the Saline County Law Enforcement to the custody of Clarissa Laplante on Wednesday, May 28, 2008 from 7:00 a.m. until 3:00 p.m. to attend his father's funeral. Ordered by Magistrate Judge David L. Piester. (1 Certified copy to USM)( GJG, )
June 3, 2008
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ORDER granting 28 Oral Motion to continue change of plea hearing as to Amy L. McNally (1). Change of plea hearing is continued from June 9, 2008 to July 16, 2008 at 3:30 p.m. 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. Ordered by Magistrate Judge David L. Piester. (LKL)
June 13, 2008
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ORDER granting 31 Oral Motion as to Mark M. Therien (2). Change of plea hearing is continued from June 16 to July 14, 2008 at 1:00 p.m. before the undersigned magistrate judge in Courtroom 2, United States Courthouse and Federal Building, 100 Centennial Mall North, Lincoln, Nebraska. 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. (LKL)
June 27, 2008
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ORDER granting 37 Motion to Restrict pursuant to the E-Government Act as to Amy L. McNally (1). The clerk is directed to file document number 35 as a restricted access document. The clerk shall also restrict stricken document number 34. Ordered by Magistrate Judge David L. Piester. (JAB)
July 14, 2008
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ORDER granting 41 Joint Oral Motion to continue plea hearing as to Mark M. Therien (2). The change of plea is continued to July 29, 2008 at 2:30 p.m. 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)
July 15, 2008
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ORDER - Defendant's motion to continue hearing, filing 35, is granted and the change of plea hearing is continued to April 16, 2009 at 1:30 p.m. before the undersigned magistrate judge in Courtroom 2, United States Courthouse and Federal Building, 100 Centennial Mall North, Lincoln, Nebraska. Defendant shall appear at the hearing as to defendant Amy L. McNally. Ordered by Magistrate Judge David L. Piester. (GJG, )
October 3, 2008
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TENTATIVE FINDINGS OF FACT regarding Presentence Investigation Report as to defendant Mark M. Therien. It is ordered that:... (2) There are no disputed matters regarding the presentence report and the proper computation of the advisory Guidelines ranges.(3)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, )
November 3, 2008
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MEMORANDUM AND ORDER as to defendant Amy L. McNally. A hearing was held before me this date on allegations made in the petition for action on conditions of pretrial release, filing no. 62. The previous order of release, filing no. 22, as modified by filing nos. 33, 40, and 57, is revoked, and the defendant shall be detained in the custody of the United States Marshal until further order. Ordered by Magistrate Judge David L. Piester. (JAB)
November 21, 2008
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JUDGMENT as to defendant Mark M. Therien (2). DEFENDANT pleaded guilty to Count I of the Indictment and is committed to the United States Bureau of Prisons for a term of one hundred eight (108) months; 4 years supervised release with special conditions; $100 special assessment and restitution of $440.00 are ordered. Counts III, V and VI are Dismissed on the motion of the United States as to this defendant only. Ordered by Judge Richard G. Kopf. (4 Certified copies to USM)(JAB)
February 17, 2009
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ORDER as to defendant Amy L. McNally. On the oral motion of defense counsel, IT IS ORDERED that Defendant McNally's sentencing is continued to Tuesday, March 3, 2009, at 1:00 p.m., before the undersigned United States district judge, in Courtroom No. 1, United States Courthouse and Federal Building, 100 Centennial Mall North, Lincoln, Nebraska. The defendant shall be present unless excused by the court. Ordered by Judge Richard G. Kopf. (KLL, )
February 17, 2009
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TENTATIVE FINDINGS OF FACT regarding Revised Presentence Investigation Report and Addendum as to defendant Amy L. McNally. It is ordered that:... (2) The defendant's objection to criminal history set forth in the addendum will be resolved at sentencing.(3)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 5, 2009
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JUDGMENT as to defendant Amy L. McNally (1). Defendant pleaded guilty to count I of the Indictment is committed to the custody of the United States Bureau of Prisons for a term of one hundred twenty-one (121) months; 4 years supervised release with special conditions; $100 special assessment and $440 restitution is ordered. Counts II-IV, VI are dismissed on the motion of the United States as to this defendant only. Ordered by Judge Richard G. Kopf. (4 Certified copies to USM)(JAB)
October 28, 2009
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ORDER as to defendant Mark M. Therien. It is ordered that: (1)The government's request for hearing is granted.(2)A hearing on the government's motion for reduction of sentence pursuant to Rule 35(b) 105 has been set before the undersigned United States district judge on Friday, December 4, 2009, at 2:30 p.m., in Courtroom No. 1, United States Courthouse and Federal Building, 100 Centennial Mall North, Lincoln, Nebraska.(3)The United States Marshal is directed to return the defendant to the district for the hearing.(4)Counsel for the defendant, if previously appointed pursuant to the Criminal Justice Act, is reappointed to represent the defendant for purposes of the Rule 35(b) motion. If retained, counsel for the defendant remains as counsel for the defendant until the Rule 35(b) motion is resolved or until given leave to withdraw.(5)The Federal Public Defender shall provide CJA counsel with a new voucher.(6)The Clerk of the Court shall provide a copy of this order to counsel for the government and counsel for the defendant. The undersigned's judicial assistant will provide a copy to the Federal Public Defender. Ordered by Judge Richard G. Kopf. (KLL, )
January 6, 2010
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ORDER as to defendant Amy L. McNally. It is ordered that: (1)The government's request for hearing is granted.(2)A hearing on the government's motion for reduction of sentence pursuant to Rule 35(b) 112 has been set before the undersigned United States district judge on February 5, 2010, at 3:00 p.m., in Courtroom No. 1, United States Courthouse and Federal Building, 100 Centennial Mall North, Lincoln, Nebraska.(3)At the request of the defendant through her counsel, the defendant will participate in the hearing by telephone.(4)The Marshal is directed not to return the defendant to the district.(5)The defendant is held to have waived her right to be present.(6)Counsel for the defendant, if previously appointed pursuant to the Criminal Justice Act, is reappointed to represent the defendant for purposes of the Rule 35(b) motion. If retained, counsel for the defendant remains as counsel for the defendant until the Rule 35(b) motion is resolved or until given leave to withdraw.(7)The Federal Public Defender shall provide CJA counsel with a new voucher.(8)The Clerk of the Court shall provide a copy of this order to counsel for the government and counsel for the defendant. The undersigned's judicial assistant will provide a copy to the Federal Public Defender. Ordered by Judge Richard G. Kopf. (KLL, )
February 26, 2016
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ORDER APPOINTING COUNSEL - The Federal Public Defender for the District of Nebraska is appointed to represent the defendant in this matter as to defendant Mark M. Therien. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
February 26, 2016
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RELEASE ORDER as to defendant Mark M. Therien. The defendant shall appear at his revocation hearing scheduled for April 26, 2016 at 1:00 p.m. before Senior Judge Richard G. Kopf. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
June 9, 2016
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JUDGMENT for Revocation of Supervised Release as to defendant Mark M. Therien. Defendant admitted guilt to allegation 5 of the amended petition for offender under supervision 137 and is committed to the custody of the Bureau of Prisons for a term of 6 months with no supervised release to follow. Special Assessment in the amount of $100 (Paid). Restitution ordered in the amount of $440 ($315 balance due). The remaining allegations of the amended petition 137 and the petition 123 are dismissed on the motion of the United States. Defendant remanded to the custody of the U.S. Marshal. Ordered by Senior Judge Richard G. Kopf. (1 Certified copy to USM) (CS)