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08-3090 - USA v. Cooper


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08-3090 - USA v. Cooper
June 30, 2008
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ORDER APPOINTING COUNSEL - Chad J. Wythers appointed as counsel as to defendant Leroy Henry Cooper as ordered by Judge Richard G. Kopf. (SED)
June 30, 2008
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ORDER of Detention pending trial as to defendant Leroy Henry Cooper as ordered by Judge Richard G. Kopf. (SED)
August 12, 2008
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ORDER - Defendant's motion for time, filing 14, is granted and the deadline for filing pretrial motions is extended to August 28, 2008 as to Leroy Henry Cooper. Ordered by Magistrate Judge David L. Piester. ( GJG, )
September 2, 2008
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ORDER - Defendant's motion to continue, filing 19, is granted and trial of this matter is continued until further order, pending disposition of pretrial motions as to Leroy Henry Cooper. Ordered by Magistrate Judge David L. Piester. ( GJG, )
September 4, 2008
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ORDER - Plaintiff's motion to extend time, filing 25 is granted and the deadline for plaintiff to respond to defendants pending motions is extended to September 19, 2008 as to Leroy Henry Cooper. Ordered by Magistrate Judge David L. Piester. ( GJG, )
September 25, 2008
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MEMORANDUM AND ORDER - Defendant's motion for bill of particulars, filing 22, is denied as to Leroy Henry Cooper. Ordered by Magistrate Judge David L. Piester. ( GJG, )
October 14, 2008
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ORDER granting 32 Motion to Continue as to Leroy Henry Cooper (1). Evidentiary Hearing set for 11/24/2008 01:00 PM in Courtroom 2 - Lincoln before Magistrate Judge David L. Piester. Defendant shall be present for the hearing. Ordered by Magistrate Judge David L. Piester. (LKL)
October 30, 2008
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MEMORANDUM AND ORDER - denying 34 Motion for Release as to Leroy Henry Cooper (1). Ordered by Magistrate Judge David L. Piester. ( GJG, )
November 24, 2008
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ORDER-The evidentiary hearing on defendant's motion to dismiss is continued from today to December 16, 2008 at 2:00 p.m. in Courtroom 2 before the undersigned magistrate judge. Defendant shall be present for the hearing. Ordered by Magistrate Judge David L. Piester. (LKL)
December 8, 2008
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ORDER regarding evidentiary hearing. Because of a conflict in the court's schedule, IT IS ORDERED: The evidentiary hearing on December 16, 2008 will begin at 2:30 p.m., rather than 2:00 as originally scheduled. Ordered by Magistrate Judge David L. Piester. (LKL)
December 16, 2008
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MEMORANDUM AND ORDER - The hearing on the motion to dismiss is continued to February 3, 2009 at 9:00 a.m. before the undersigned. In the event there is in the meantime a superseding indictment filed, the defendant is given ten days following such filing to file a second motion to dismiss directed to the allegations in the superseding indictment, in which case the presently pending motion to dismiss will be denied as moot. If there is filed a second motion to dismiss directed to the allegations in the superseding indictment, the government is given five working days thereafter in which to respond. Any evidentiary hearing on the second motion to dismiss will be separately ordered as to defendant Leroy Henry Cooper. Ordered by Magistrate Judge David L. Piester. (GJG)
January 29, 2009
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MEMORANDUM AND ORDER regarding Motion to dismiss20 as to defendant Leroy Henry Cooper. The hearing on defendants motion to dismiss, (filing no. 20), is continued and will be held before the undersigned on February 18, 2009 at 1:30 p.m. The defendant, defendant's counsel, and counsel for the government shall be present at this hearing. Ordered by Magistrate Judge David L. Piester. (LKH)
February 18, 2009
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ORDER withdrawing 20 Motion to Dismiss Criminal Case pursuant oral motion of defendant which is granted as to Leroy Henry Cooper. The court has been advised that the Superseding Indictment moots the issue of the defendant's motion to dismiss. Trial of this matter is set to commence at 9:00 a.m., March 30, 2009, before the Honorable Richard G. Kopf in Courtroom 1, United States Courthouse and Federal Building, 100 Centennial Mall North, Lincoln, Nebraska. Jury selection will be held at commencement of trial. Ordered by Magistrate Judge David L. Piester. ( GJG)
April 29, 2009
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ORDER granting 51 Oral Motion as to Leroy Henry Cooper (1). Change of Plea Hearing set for 5/11/2009 02:00 PM in Courtroom 2, Federal Building, 100 Centennial Mall North, Lincoln, NE before Magistrate Judge David L. Piester. 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. (GJG)
May 11, 2009
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ORDER granting 53 Oral Motion as to Leroy Henry Cooper (1). Defendants oral motion to continue is granted and the change of plea hearing is continued from today to May 28, 2009 at 10:00 a.m. before the undersigned magistrate judge in Courtroom 2, United States Courthouse and Federal Building, 100 Centennial 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. (LKH)
May 28, 2009
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ORDER - Defendant's oral motion to continue, filing 55, is granted and the change of plea hearing is continued from today to June 11, 2009 at 9:00 a.m. before the undersigned magistrate judge in Courtroom 2, United States Courthouse and Federal Building, 100 Centennial Mall North, Lincoln, Nebraska as to Leroy Henry Cooper. 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. Defendant shall appear at the hearing. The United State Marshal is requested to treat defendant's teeth or transfer him to a place where treatment is available. Ordered by Magistrate Judge David L. Piester. (1 Certified copy to USM)(GJG)
June 15, 2009
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PRELIMINARY ORDER OF FORFEITURE sustaining 63 Motion for Preliminary Forfeiture as to Leroy Henry Cooper (1). Based upon Count III of the Indictment and the Defendant's plea of guilty, the United States is hereby authorized to seize the Merlin Lever Action Rifle, Model 1893. 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 Judge Richard G. Kopf. (1 Certified copy to USM)(GJG)
July 28, 2009
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AMENDED ORDER ON SENTENCING SCHEDULE granting 65 Motion to Extend as to Leroy Henry Cooper. Sentencing set for 9/11/2009 12:30 PM in Courtroom 1, Federal Building, 100 Centennial Mall North, Lincoln, NE before Judge Richard G. Kopf. Ordered by Judge Richard G. Kopf. (GJG)
August 11, 2009
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ORDER as to defendant Leroy Henry Cooper. It is ordered that: (1) The government's motion to continue 68 is granted.(2)Defendant Cooper's sentencing is continued to Friday, September 18, 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, )
August 24, 2009
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ORDER as to defendant Leroy Henry Cooper. It is ordered that:(1)The government's unopposed oral motion to continue sentencing is granted.(2)Defendant Cooper's sentencing is continued to Tuesday, September 29, 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, )
September 1, 2009
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TENTATIVE FINDINGS OF FACT regarding Presentence Investigation Report as to defendant Leroy Henry Cooper. 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, )
September 24, 2009
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ORDER as to Leroy Henry Cooper. It is ordered that the defendant's motion to enlarge time to file objections to presentence investigation report 74 is granted. The defendant's objections shall be taken up at his September 29, 2009 sentencing hearing. Ordered by Judge Richard G. Kopf. ( KLL, )
October 1, 2009
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FINAL ORDER OF FORFEITURE - The Plaintiff's Motion for Final Order of Forfeiture is hereby sustained. All right, title and interest in and to the subject property, i.e., a Merlin Lever Action Rifle, Model1893., held by any person or entity, is hereby forever barred and foreclosed. The subject property, i.e., a Merlin Lever Action Rifle, Model1893., be, and the same hereby is, forfeited to the United States of America. The United States Marshal for the District of Nebraska is directed to dispose of said property in accordance with law as to Leroy Henry Cooper. Ordered by Judge Richard G. Kopf. (1 Certified copy to USM)(GJG)
October 5, 2009
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JUDGMENT as to Leroy Henry Cooper. Superseding Indictment filed. Defendant pleaded guilty to Counts I, II and III of the Superseding Indictment and is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a term of 188 months as to Count I and 120 months as to Count II, said terms to run concurrent; 5 years of Supervised Release with Special Conditions as to Count I and 3 years as to Count II, terms to run concurrent; $200 Special Assessment as to defendant Leroy Henry Cooper. Ordered by Judge Richard G. Kopf. (4 Certified copies to USM)(GJG)
September 5, 2012
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MEMORANDUM AND ORDER - The Motion to Vacate under 28 U.S.C. § 2255 (filing 86) is denied and dismissed with prejudice. A separate judgment will be issued as to Leroy Henry Cooper (1). Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(AOA) Civil Case 4:12-cv-03166-RGK closed.
September 21, 2012
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MEMORANDUM AND ORDER as to defendant Leroy Henry Cooper. A certificate of appealability will not issue in this case. In response to the clerk's memo (filing 90), the defendant may proceed in forma pauperis on appeal. The clerk of the court shall transmit a copy of this memorandum and order to the United States Court of Appeals for the Eighth Circuit. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party and electronically transmitted to the Eighth Circuit)(GJG)
December 2, 2014
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MEMORANDUM AND ORDER that this matter will be held in abeyance pursuant to General Order No. 2014-08. The Clerk shall provide the defendant with a copy of this order and General Order No. 2014-08. The Clerk shall also give notice of the entry of this order to the United States Attorney, to the Federal Public Defender, and to the Supervisory United States Probation Officer who handles presentence reports as to defendant Leroy Henry Cooper. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party and as directed) (JSF)
June 23, 2016
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ORDER that 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 as to defendant Leroy Henry Cooper. Ordered by Senior Judge Richard G. Kopf. (LAC)
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 Leroy Henry Cooper. 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. 106) is suspended until further order of this court as to defendant Leroy Henry Cooper. Ordered by Senior Judge Richard G. Kopf. (LAC)
October 3, 2017
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ORDER that the Motion to Vacate Under § 2255 (filing no. 102) is denied and dismissed with prejudice. No certificate of appealability has been or will be issued. A separate judgment will be entered as to defendant Leroy Henry Cooper. Ordered by Senior Judge Richard G. Kopf. (LAC)
October 3, 2017
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JUDGMENT - IT IS ORDERED that judgment is entered dismissing the pending § 2255 motion and any amendments or supplement thereto with prejudice. No certificate of appealability has been or will be issued as to defendant Leroy Henry Cooper. Ordered by Senior Judge Richard G. Kopf. (LAC)