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08-3078 - USA v. Smith-Cushingberry et al


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08-3078 - USA v. Smith-Cushingberry et al
June 2, 2008
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ORDER APPOINTING COUNSEL - John C. Vanderslice appointed as counsel as to defendant Peeair Shaun Ward as ordered by Magistrate Judge David L. Piester. (SED)
June 2, 2008
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ORDER APPOINTING COUNSEL - Thomas R. Lamb appointed as counsel as to defendant Brandon Lamarr Smith-Cushingberry as ordered by Magistrate Judge David L. Piester. (SED)
June 2, 2008
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ORDER of Detention pending trial as to defendant Peeair Shaun Ward. Ordered by Magistrate Judge David L. Piester. (LKL)
June 3, 2008
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ORDER of Detention pending trial as to defendant Brandon Lamarr Smith-Cushingberry. Ordered by Magistrate Judge David L. Piester. (LKL)
June 23, 2008
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ORDER granting 27 Motion to Extend time in which to file motions as to Brandon Lamarr Smith-Cushingberry (1). Defendant's pretrial motions and briefs shall be filed on or before August 2, 2008. The time between June 18, 2008, and August 2, 2008, shall be deemed excludable time in any computation of the time under the requirements of the Speedy Trial Act. As to all defendants, the trial of this case is continued and will be re-scheduled upon the resolution of any pretrial motions. Ordered by Senior Judge Warren K. Urbom. (LKL)
July 17, 2008
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ORDER granting 37 Oral Motion as to Peeair Shaun Ward (2). Change of plea hearing is continued from today to July 31, 2008 at 9:00 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)
July 30, 2008
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ORDER granting 40 Oral Motion as to Peeair Shaun Ward (2). Change of plea is continued to August 7, 2008 at 3:00 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. (LKL)
July 31, 2008
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ORDER as to defendant Brandon Lamarr Smith-Cushingberry. Upon consideration of the defendant's motion to review detention, I shall direct the pretrial services officer to arrange a screening for the defendant's possible admission to an inpatient treatment facility. IT THEREFORE HEREBY IS ORDERED, The pretrial services officer shall arrange a screening interview of the defendant for consideration of his placement at an inpatient treatment facility. Ordered by Magistrate Judge David L. Piester. (Copy to Pretrial) (LKL)
July 31, 2008
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ORDER granting 44 Oral Motion as to Peeair Shaun Ward (2). Change of plea is continued to August 12, 2008 at 1:30 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. (LKL)
August 21, 2008
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ORDER granting 54 Oral Motion as to Brandon Lamarr Smith-Cushingberry (1). This case, insofar as it concerns this defendant, is removed from the trial docket based upon the request of the defendant. A hearing on the defendants anticipated plea of guilty is scheduled before Magistrate Judge Piester on the 2nd day of September, 2008, at the hour of 2:30 p.m., in Courtroom No. 2, United States Courthouse and Federal Building, 100 Centennial Mall North, Lincoln, Nebraska. The time between todays 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)
September 8, 2008
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PRELIMINARY ORDER OF FORFEITURE regarding motion as to Brandon Lamarr Smith-Cushingberry (1), and Peeair Shaun Ward (2). The United States' Motion for Issuance of Preliminary Order of Forfeiture 66 is hereby sustained. Based upon the Defendants' pleas of guilty, the United States is hereby authorized to seize the $461.00 and $520.00 in United States currency. The Defendants' interests in said properties are 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 Senior Judge Warren K. Urbom. (1 Certified copy to USM)(LKL)PRELIMINARY ORDER OF FORFEITURE regarding motion as to Brandon Lamarr Smith-Cushingberry (1), and Peeair Shaun Ward (2). The United States' Motion for Issuance of Preliminary Order of Forfeiture 66 is hereby sustained. Based upon the Defendants' pleas of guilty, the United States is hereby authorized to seize the $461.00 and $520.00 in United States currency. The Defendants' interests in said properties are 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 Senior Judge Warren K. Urbom. (1 Certified copy to USM)(LKL)
September 22, 2008
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ORDER, ( Sentencing rescheduled for 11/5/2008 at 12:15 PM in Courtroom 4 - Lincoln before Senior Judge Warren K. Urbom)as to defendant(s) Peeair Shaun Ward. The defendant shall be present for the hearing. Ordered by Senior Judge Warren K. Urbom. (EJL)
October 15, 2008
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ORDER granting 75 Motion to Continue the Deadline for Filing a Downward Departure/Variance Motion and Support Brief as to Peeair Shaun Ward (2). The defendant shall file any downward departure/variance motion with supporting brief no later than Monday, October 20, 2008.Ordered by Senior Judge Warren K. Urbom. ( EJL) Modified on 10/15/2008 (EJL, ).
October 16, 2008
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TENTATIVE FINDINGS OF FACT regarding Presentence Investigation Report as to defendant(s) Peeair Shaun Ward. The defendant has objected to paragraphs 34, 36, 40, 41, 42, 53, 54, and 84, all of which have to do with his criminal history, including classification as a career offender. Unless there is resolution of those matters by agreement, an evidentiary hearing will be necessary. The evidentiary hearing will be scheduled for October 29, 2008, at the time of the sentencing. I tentatively find that all paragraphs of the Presentence Investigation Report, other than those now objected to, are true and accurate. If evidentiary testimony is expected, paragraph 6 of the Order on Sentencing Schedule must be complied with on or before October 20, 2008, unless that time is extended by order of the court.Ordered by Senior Judge Warren K. Urbom. (EJL)
October 17, 2008
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AMENDED TENTATIVE FINDINGS OF FACT regarding Presentence Investigation Report as to defendant(s) Peeair Shaun Ward. The Tentative Findings Regarding Presentence Investigation Report, filing 77, is amended in that the date and time for conducting the evidentiary and sentencing hearing shall be amended to read November 5, 2008, at 12:15 p.m. The remaining statements in the Tentative Findings Regarding Presentence Investigation Report, filing 77, remain as set out therein. Ordered by Senior Judge Warren K. Urbom. (EJL, )
October 20, 2008
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ORDER granting 79 Defendant's Unopposed Motion to Continue the Deadline for Filing Downward Departure/Variance Motion and Supporting Brief as to Peeair Shaun Ward (2). Motion for Downward Departure/Variance and supporting brief deadline set for 10/22/2008. Ordered by Senior Judge Warren K. Urbom. ( EJL)
October 21, 2008
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ORDER granting 81 Motion to Extend as to Peeair Shaun Ward (2). The government shall file and serve its documents on or before October 22, 2008. Ordered by Senior Judge Warren K. Urbom. ( EJL)
November 3, 2008
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ORDER granting 88 Oral Motion as to Peeair Shaun Ward (2) Evidentiary Hearing and sentencing hearing continued to 11/12/2008 at 02:00 PM before Senior Judge Warren K. Urbom. The defendant shall be present for the hearing. Ordered by Senior Judge Warren K. Urbom. ( EJL)
November 7, 2008
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TENTATIVE FINDINGS OF FACT regarding Presentence Investigation Report as to defendant(s) Brandon Lamarr Smith-Cushingberry. Ordered by Senior Judge Warren K. Urbom. (EJL)
November 14, 2008
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ORDER regarding 95 Oral Motion as to Peeair Shaun Ward (2). IT IS THEREFORE ORDERED that the United Marshal shall release Mr. Ward to the detainer lodged against him in Case No. CR07-1184 from the Lancaster County District Court. The Marshal shall also file an appropriate detainer with the Lancaster County authorities so that Mr. Ward will be returned to the custody of the United States Marshal for commencement of his federal sentence upon completion of Mr. Ward's sentence in the above captioned state case. Ordered by Senior Judge Warren K. Urbom. (1 Certified copy to USM)(LKL)
November 19, 2008
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JUDGMENT as to defendant Peeair Shaun Ward (2). DEFENDANT pleaded guilty to count I of the Indictment and is hereby committed to the custody of the Bureau of Prisons for 120 months; 5 years supervised release with special conditions; $100.00 special assessment. The defendant shall forfeit the defendant's interest in the following property to the United States: $461.00 in U.S. currency. Ordered by Senior Judge Warren K. Urbom. (4 Certified copies to USM)(LKL)
November 20, 2008
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JUDGMENT as to defendant Brandon Lamarr Smith-Cushingberry (1). DEFENDANT pleaded guilty to Count I of the Indictment and is hereby committed to the custody of the Bureau of Prisons for 60 months; 5 years supervised release with special conditions; $100.00 special assessment. The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons by 2:00 P.M. on or before January 16, 2009, as notified by the United States Marshal.The defendant shall forfeit the defendants interest in the following property to the United States: $520 in US Currency. Ordered by Senior Judge Warren K. Urbom. (4 Certified copies to USM)(LKL) Modified on 11/21/2008 to correct text (LKL).
December 2, 2008
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FINAL ORDER OF FORFEITURE - The Plaintiff's Motion for Final Order of Forfeiture, filing 109 is hereby sustained. All right, title and interest in and to the $461.00 and $520.00 in United States currency, held by any person or entity, is hereby forever barred and foreclosed. The $461.00 and $520.00 in United States currency, be, and the same hereby are, forfeited to the United States of America. The United States Marshal for the District of Nebraska is directed to dispose of said properties in accordance with law as to Brandon Lamarr Smith-Cushingberry (1), and Peeair Shaun Ward (2). Ordered by Senior Judge Warren K. Urbom. (1 Certified copy to USM)( GJG, )FINAL ORDER OF FORFEITURE - The Plaintiff's Motion for Final Order of Forfeiture, filing 109 is hereby sustained. All right, title and interest in and to the $461.00 and $520.00 in United States currency, held by any person or entity, is hereby forever barred and foreclosed. The $461.00 and $520.00 in United States currency, be, and the same hereby are, forfeited to the United States of America. The United States Marshal for the District of Nebraska is directed to dispose of said properties in accordance with law as to Brandon Lamarr Smith-Cushingberry (1), and Peeair Shaun Ward (2). Ordered by Senior Judge Warren K. Urbom. (1 Certified copy to USM)( GJG, )
December 17, 2008
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AMENDED FINAL ORDER OF FORFEITURE - The Plaintiff's Motion to Amend Final Order of Forfeiture filing 120 is hereby sustained. The Final Order of Forfeiture is amended to name the properties as $461.00 and $520.00 in United States currency as to Brandon Lamarr Smith-Cushingberry (1), and Peeair Shaun Ward (2). Ordered by Senior Judge Warren K. Urbom. (1 Certified copy to USM)( GJG)AMENDED FINAL ORDER OF FORFEITURE - The Plaintiff's Motion to Amend Final Order of Forfeiture filing 120 is hereby sustained. The Final Order of Forfeiture is amended to name the properties as $461.00 and $520.00 in United States currency as to Brandon Lamarr Smith-Cushingberry (1), and Peeair Shaun Ward (2). Ordered by Senior Judge Warren K. Urbom. (1 Certified copy to USM)( GJG)
January 9, 2009
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ORDER granting 123 Motion for Release as to Brandon Lamarr Smith-Cushingberry (1). Brandon Lamarr Smith-Cushingberry may leave Omaha, Nebraska, immediately for bus transport to defendant's home in Indianapolis, Indiana, for the purpose of visiting defendant's son, Brandon Lamarr Smith- Cushingberry, Jr. and defendant's mother, Betty Smith, prior to defendant self surrendering to FCI Elkton, Federal Correctional Institution, 8730 Scroggs Road, Elkton, Ohio 44415 no later than January 13, 2009, at 2:00 p.m. Ordered by Senior Judge Warren K. Urbom. (1 Certified copy to USM)(GJG)
October 6, 2009
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ORDER, Rule 35(b) hearing rescheduled to 2:00 p.m. on 11/10/2009 in Courtroom 4, Federal Building, 100 Centennial Mall North, Lincoln, NE before Senior Judge Warren K. Urbom as to defendant(s) Peeair Shaun Ward. Ordered by Senior Judge Warren K. Urbom. (EJL)
October 14, 2009
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ORDER granting 130 Motion to Seal as to Peeair Shaun Ward (2). Ordered by Senior Judge Warren K. Urbom. ( GJG )
November 4, 2009
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ORDER granting 134 Motion to Seal as to Peeair Shaun Ward (2). The Clerk shall file defendant's Statement in Support of Rule 35 Motion under seal. Ordered by Senior Judge Warren K. Urbom. (JAB)
January 19, 2010
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ORDER granting 143 Motion to Seal as to Brandon Lamarr Smith-Cushingberry (1). Ordered by Senior Judge Warren K. Urbom. ( EJL)
January 26, 2010
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AMENDED JUDGMENT (Reduction of Sentence) as to defendant Brandon Lamarr Smith-Cushingberry (1). The government's Motion Pursuant to Rule 35(b) (filing 141) is granted and defendant's sentence of imprisonment is reduced from the original sentence to a term of forty (40) months; 5 years supervised release with special conditions; $100.00 special assessment ($50 balance). Ordered by Senior Judge Warren K. Urbom. (1 Certified copy to USM)(JAB)
January 26, 2010
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ORDER regarding Notice of Appeal to USCA148 as to defendant Brandon Lamarr Smith-Cushingberry. No order will be entered in this direct criminal appeal, and the party is permitted to proceed on appeal in forma pauperis. Ordered by Senior Judge Warren K. Urbom. (JAB)
February 10, 2010
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NUNC PRO TUNC ORDER APPOINTING COUNSEL as to defendant(s) Brandon Lamarr Smith-Cushingberry. 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 effective November 25, 2009; andthe Federal Public Defender shall provide CJA counsel with a new voucher.Dated February 10, 2010.Ordered by Senior Judge Warren K. Urbom. (Copy sent to the Federal Public Defender)(EJL)