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08-3067 - USA v. Zierke


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08-3067 - USA v. Zierke
May 1, 2008
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ORDER APPOINTING COUNSEL - Korey L. Reiman appointed as counsel as to defendant Gary Zierke, Jr. as ordered by Magistrate Judge David L. Piester. (SED)
May 8, 2008
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ORDER of Detention pending trial as to defendant Gary Zierke, Jr. Ordered by Magistrate Judge David L. Piester. (LKL)
June 3, 2008
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ORDER granting 15 Motion to Continue deadline for filing pretrial motions as to Gary Zierke Jr. (1). Pretrial motions on behalf of defendant Zierke shall be filed on or before June 9, 2008. The time between today's date and June 9, 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. (LKL) Modified on 6/4/2008 to add text regarding pretrial motions. (JAB)
June 10, 2008
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ORDER granting 17 Motion to Continue as to Gary Zierke Jr. (1). Pretrial Motions on behalf of defendant Zierke shall be filed on or before 6/23/2008. Ordered by Magistrate Judge David L. Piester. (LKL)
June 26, 2008
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ORDER as to defendant Gary Zierke, Jr. - 1. The defendant's unopposed motion to continue date to file pretrial motions (filing 20) is granted. 2. The deadline for filing pretrial motions is extended to July 7, 2008. 3. The trial of this matter is continued until further order of the court. 4. This matter is referred to Magistrate Judge Piester for rescheduling trial. 5. The time between today's date and the new trial date is excluded from computation under the Speedy Trial Act in the interests of justice Ordered by Judge Richard G. Kopf. (Judge Piester notified)(JAB)
July 10, 2008
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ORDER granting 24 Motion to Restrict pursuant to the E-Government Act as to Gary Zierke Jr. (1). The defendant has provisionally filed the evidence in support of his request for a Franks hearing, (filings 25, 26, and 27), as restricted access documents. Defendant's motion that these documents remain filed as restricted access documents, filing 24, is granted. Ordered by Magistrate Judge David L. Piester. (JAB)
August 6, 2008
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REPORT AND RECOMMENDATION that to the Honorable Richard G. Kopf, United States District Judge, that the defendant's motion to suppress and request for a Franks hearing, filing 22, be denied in all respect as to defendant Gary Zierke, Jr. The parties are notified that a failure to object to this recommendation in accordance with the local rules of practice may be held to be a waiver of any right to appeal the district judge's adoption of this recommendation. Trial is set to commence at 9:00 a.m. on October 14, 2008, for a duration of three trial days before the Honorable Richard G. Kopf in Courtroom 1, United States Courthouse and Federal Building, 100 Centennial Mall North, Lincoln, Nebraska. Ordered by Magistrate Judge David L. Piester. (JAB)
August 19, 2008
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MEMORANDUM AND ORDER denying 32 Motion to Compel as to Gary Zierke Jr. (1). The court has no authority to direct the Marshals Service where it must hold a particular detainee. Ordered by Magistrate Judge David L. Piester. (JAB)
August 29, 2008
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MEMORANDUM AND ORDER regarding motions. IT IS ORDERED that:The magistrate judge's report and recommendation (filing 33) is adopted; the defendant's statement of objections (filing 35) is denied; and the defendant's motion to suppress and request for a Franks hearing (filing 22) is denied in all respects. Ordered by Judge Richard G. Kopf. (LKL)
October 28, 2008
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MEMORANDUM, ORDER AND RECOMMENDATION to the Honorable Richard G. Kopf, United States District Judge, that the motion to suppress, filing no. 45, be denied in all respects as to defendant Gary Zierke, Jr. Counsel are given ten days from the date the transcript is filed in which to file objections to this recommendation. Trial of this matter is set to commence at 9:00 a.m., January 12, 2009, for a duration of five trial days before the Honorable Richard G. Kopf in Courtroom 1, United States Courthouse and Federal Building, 100 Centennial Mall North, Lincoln, Nebraska. Defendant's motion for a hearing to determine competency of defense counsel, filing no. 47, is granted, and the hearing was held. Counsel is determined to be competent to represent the defendant. Ordered by Magistrate Judge David L. Piester. (Expedited transcript ordered)(JAB)
November 10, 2008
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ORDER as to defendant Gary Zierke, Jr. IT IS ORDERED that the trial of this case as to Defendant Zierke is scheduled to commence on January 12, 2009, before the undersigned United States district judge, as the number one criminal case, before all criminal and civil cases. Since this is a criminal case, the defendant shall be present unless excused by the court. Ordered by Judge Richard G. Kopf. (KLL, )
November 25, 2008
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ORDER - as to defendant Gary Zierke, Jr. 1. The defendant's motion "to continue date to file objections and to file objections out of time" (Filing 64) is granted. 2. Because the defendant has been given extra time, the government shall have until the close of business on December 9, 2008 to file a responsive brief. 3. This matter will become ripe on December 10, 2008. Ordered by Judge Richard G. Kopf. (JAB)
December 5, 2008
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ORDER granting 67 Motion For Issuance of Subpoena In Forma Pauperis as to Gary Zierke Jr. (1). Ordered by Magistrate Judge David L. Piester. (1 Certified copy to USM)(JAB) Modified on 12/8/2008 to correct date of filing. (JAB) Modified on 12/8/2008 to reflect subpoena issued as directed. (JAB)
December 5, 2008
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ORDER granting 69 Motion to Seal as to Gary Zierke Jr. (1) Defendant's filings 70 and 71 shall remain filed under seal. Ordered by Magistrate Judge David L. Piester. (JAB)
December 10, 2008
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MEMORANDUM AND ORDER as to defendant Gary Zierke, Jr. - 1. The objection (filing 42), construed as a motion regarding the evidence rules, is held in abeyance until the first day of trial. The defendant shall submit a brief and, if appropriate, a proposed limiting instruction no later than January 2, 2009. The government may respond no later than January 9, 2009. 2. The objection (filing 42), construed as a motion challenging the statement on constitutional grounds, is denied. 3. The report and recommendation (filing 59 and filing 61, at CM/ECF pp. 48-49) is adopted and the motion to suppress (filing 45) and objection (filing 63) are denied. Ordered by Judge Richard G. Kopf. (JAB)
December 18, 2008
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ORDER as to defendant Gary Zierke, Jr. This matter comes on to consider the government's motion to advance trial date 79 to avoid Speedy Trial problems. Subsequently, the defendant filed a motion to continue or maintain trial date 80 since the defendant has subpoenaed witnesses for a trial date of January 12, 2009. The defendant's motion filed December 12, 2008 states: "This motion is filed by the defense, as such, it should toll any speedy trial considerations." In light of the defendant's concession, IT IS ORDERED that:(1)The government's motion to advance trial date 79 is denied and the defendant's motion to continue or maintain trial date 80 is granted. The defendant's trial will remain scheduled to commence on January 12, 2009.(2)The time between December 12, 2008 and January 12, 2009 is excluded under the Speedy Trial Act and in the interest of justice and to allow the defendant time to supboena witnesses. See 18 U.S.C. sec. 3161. Ordered by Judge Richard G. Kopf. (KLL, )
February 12, 2009
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ORDER as to defendant Gary Zierke, Jr. It is ordered that: (1)The defendant's motion to continue sentencing 130 is granted.(2)Defendant Zierke's sentencing is continued to Wednesday, April 22, 2009, at 1:30 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, )
April 1, 2009
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ORDER as to Gary Zierke Jr. It is ordered that the defendant's motion to continue date to file objections to PSR 135 is granted. The defendant's objections shall be filed on or before April 6, 2009. Ordered by Judge Richard G. Kopf. ( KLL, )
April 8, 2009
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TENTATIVE FINDINGS OF FACT regarding Revised Presentence Investigation Report and Addendum as to defendant Gary Zierke, Jr. It is ordered that:... (2)The defendant's objections 137 regarding drug quantity, role, obstruction of justice, and otherwise will be resolved at sentencing. (3)The motion for departure or deviation 138 will be resolved at sentencing.(4)The defendant's sentencing hearing is RESCHEDULED TO 12:30 PM on Wednesday, April 22, 2009, before the undersigned United States district judge.(5)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 23, 2009
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JUDGMENT as to defendant Gary Zierke, Jr. DEFENDANT was found guilty to Counts I and II of the Indictment after a plea of not guilty and is committed to the custody of the Bureau of Prisons for 360 months; Supervised Release with special conditions for (5) years as to Count I and (3) years as to Count II, said terms to run concurrent; $200 special assessment. Ordered by Judge Richard G. Kopf. (4 Certified copies to USM)(JAB)
April 28, 2009
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ORDER permitting the defendant to proceed on appeal in forma pauperis as to defendant Gary Zierke, Jr. Ordered by Judge Richard G. Kopf. (GJG)
September 1, 2010
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ORDER on the two motions filed by the defendant, IT IS ORDERED that: Because the defendant was permitted to proceed in forma pauperis in the prosecution of this criminal case, the defendant is given leave to proceed in forma pauperis on appeal regarding the denial (filing 171) of his motion for writ of mandamus (filing 169) submitted to this court. The defendants motion for leave to appeal in forma pauperis (filing 177) is granted and the Clerk of Court shall process the appeal as to Gary Zierke Jr. (1). Ordered by Judge Richard G. Kopf. (Copy mailed to pro se party)(MKR)
September 15, 2010
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MEMORANDUM AND ORDER -Zierke's § 2255 motion (filing 182) is denied and dismissed with prejudice. A separate judgment will be issued as to Gary Zierke Jr. (1). Ordered by Judge Richard G. Kopf. (Copy mailed to pro se party)(MKR) Civil Case 4:10-cv-03178-RGK closed.
October 8, 2010
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MEMORANDUM AND ORDER - Defendant is entitled to proceed on appeal in forma pauperis 189; A certificate of appealability 190 shall not issue in this action; and The Clerk of the United States District Court for the District of Nebraska shall provide a copy of this order to the Eighth Circuit Court of Appeals as to Gary Zierke Jr. (1). Ordered by Judge Richard G. Kopf. (Copy mailed to pro se party and as directed)(MKR)
July 13, 2011
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MEMORANDUM AND ORDER as to defendant Gary Zierke, Jr. - IT IS ORDERED that: The Clerk of Court shall file the letter. Treating the letter as a motion, the motion is denied. The Clerk of Court shall provide a copy of this order and the defendant's letter to counsel for the government, to counsel for the defendant, and to the defendant at defendant's last known address. Ordered by Judge Richard G. Kopf. (Copy mailed to pro se party) (TEL)
July 19, 2011
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MEMORANDUM AND ORDER - The Clerk shall file the referral letter and complaint in this case as a restricted document. The Clerk shall open an attorney discipline case and then close it pursuant to this order. The Clerk shall file a copy of this memorandum and order in this case and in the attorney discipline case, and provide Mr. Zierke, Mr. Reiman and the Nebraska Counsel for Discipline with a copy of this memorandum and order and a copy of the referral letter and attachment as to defendant Gary Zierke, Jr. Ordered by Judge Richard G. Kopf. (Copies mailed as directed) (KBJ)
August 2, 2011
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MEMORANDUM AND ORDER - The motion to proceed informa pauperis 206 is denied. The appeal is not taken in good faith because (a) the ethics complaint has no merit; (b) the ruling on the ethics complaint is not appealable; and (c) the appeal is an attempt to circumvent my prior denial of the same complaint. Moreover, the ethics complaint and related appeal is also an attempt to assert a second and successive § 2255 motion and the Court of Appeals has not granted Zierke permission to do so. The Clerk shall provide the Court of Appeals with a copy of this Memorandum and Order. The Clerk shall not further process the notice of appeal 205 unless ordered to do so by the Court of Appeals as to Gary Zierke Jr. Ordered by Judge Richard G. Kopf. (Copy mailed to defendant and as directed) (KBJ)
October 18, 2011
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ORDER - The defendant's motion to appoint counsel and to reinstate direct appeal (filing 215) is denied as to Gary Zierke Jr. (1). Ordered by Judge Richard G. Kopf. (Copy mailed to pro se party) (AOA)
December 13, 2011
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ORDER - The defendant's motion to amend (filing 220) is denied as to Gary Zierke Jr. (1). Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (AOA)
February 6, 2012
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ORDER - The defendant's motion for reconsideration (filing 224) of the undersigneds order dated December 13, 2011 (filing 221) is denied as to Gary Zierke Jr. (1). Ordered by Senior Judge Richard G. Kopf. (Copies mailed to defendant) (AOA)
February 28, 2012
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MEMORANDUM AND ORDER - Defendant's motion for leave to appeal in forma pauperis 228 is denied as frivolous as to Gary Zierke Jr. (1). The Clerk shall provide the Court of Appeals with a copy of this Memorandum and Order; The Clerk shall not further process the notice of appeal 227 unless ordered to do so by the Court of Appeals. Ordered by Senior Judge Richard G. Kopf. (Copies mailed as directed)(MKR)
January 8, 2013
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MEMORANUDM AND ORDER - The Motion for Relief from Order or Judgment under Rule 60 (b) (filing no. 238) and the Motion for Leave to Proceed in Forma Pauperis (filing no. 239) are denied. The Affidavit (filing no. 240), treated as a motion, is denied as to Gary Zierke Jr. (1). Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (AOA)
February 7, 2013
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ORDER - To the extent filings 242 and 243 seek relief from this court,they are denied. To the extent filing 242 is a notice of appeal and an application to proceed in forma pauperis, the court certifies that any such appeal is not taken in good faith and permission to appeal in forma pauperis is denied. The Clerk shall notify the parties and provide the Court of Appeals with a copy of this order. as to Gary Zierke Jr. (1) Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (AOA)
May 10, 2013
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MEMORANDUM AND ORDER - Defendant Gary A. Zierke's Motion to Dismiss Indictment for Lack of Jurisdiction (filing 248) is denied as to Gary Zierke Jr. (1). Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(AOA)
June 4, 2013
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ORDER denying 251 Motion to Dismiss Criminal Case as to Gary Zierke Jr. (1). Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(AOA)
June 18, 2013
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ORDER - The defendant's motion for leave to appeal in forma pauperis (filing 254) and motion to appoint counsel (filing 255) are denied as to Gary Zierke Jr. (1). Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(AOA)
November 21, 2013
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MEMORANDUM AND ORDER - The Motion to Vacate under 28 U.S.C. § 2255 (filing no.270) is denied with prejudice. A separate judgment will be issued. No certificate of appealability will be issued by the undersigned as to Gary Zierke Jr. (1). Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(AOA) Civil Case 4:13-cv-03184-RGK closed.
January 13, 2014
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ORDER - To the extent that this court has jurisdiction, the motion to proceed in forma pauperis, the motion for bill of exceptions and transcripts, and the motion for certificate of appealability (filing nos. 275-277) are denied. The Clerk shall forward a copy of this order and filings nos. 275-277 to the Clerk of the Court of Appeals as to Gary Zierke Jr. (1). Ordered by Senior Judge Richard G. Kopf. (AOA)
October 13, 2015
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ORDER that the defendant's motion to reduce sentence (filing no. 289) is denied. The Office of the Federal Public Defenders motion to withdraw (filing no. 297) is granted. Ordered by Senior Judge Richard G. Kopf. (LAC)
October 27, 2015
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ORDER permitting the defendant to proceed on appeal in forma pauperis as to defendant Gary Zierke, Jr. Ordered by Senior Judge Richard G. Kopf. (LAC)
June 17, 2016
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ORDER as to defendant Gary Zierke, Jr. 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. Ordered by Senior Judge Richard G. Kopf. (GJG)
March 24, 2017
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MEMORANDUM AND ORDER that if the defendant disagrees with the government, the defendant shall file a notice of disagreement together with a supporting brief no later than April 3, 2017. If no notice of disagreement and brief are filed by the defendant, the pending § 2255 motion in this case will be dismissed without prejudice. If a notice of disagreement and brief are filed by the defendant, I will issue a decision determining whether Beckles is dispositive as to defendant Gary Zierke, Jr.. Ordered by Senior Judge Richard G. Kopf. (LAC)
March 28, 2017
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ORDER - that the Federal Public Defender shall immediately notify me when the Eighth Circuit Court of Appeals has ruled on the defendant's application to file a second or successive § 2255 petition. The briefing schedule outlined in my order dated March 24, 2017 (filing no. 314) is suspended until further order of this court as to defendant Gary Zierke, Jr. Ordered by Senior Judge Richard G. Kopf. (KLF)
October 3, 2017
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ORDER that I will rule upon the § 2255 motion on or after October 24, 2017, and without waiting for a ruling on the application of the defendant to file a successive § 2255 motion. I am convinced that the Beckles opinion governs and there is no reason to delay this matter any further. My chambers shall bring this matter to my attention on October 25, 2017 as to defendant Gary Zierke, Jr.. Ordered by Senior Judge Richard G. Kopf. (LAC)
October 5, 2017
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MEMORANDUM AND ORDER that the motion (filing no. 309) to vacate under 28 U.S.C. § 2255 based upon the Johnson decision is denied and dismissed with prejudice. No certificate of appealability has been or will be issued. The Federal Public Defender is relieved of all further responsibility in representing Zierke. A separate judgment will be issued as to defendant Gary Zierke Jr.. Ordered by Senior Judge Richard G. Kopf. (LAC)
October 5, 2017
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JUDGMENT that judgment is entered dismissing the pending § 2255 motion and any amendments or supplements thereto with prejudice. No certificate ofappealability has been or will be issued as to defendant Gary Zierke, Jr.. Ordered by Senior Judge Richard G. Kopf. (LAC)