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08-3142 - USA v. Sturgis et al


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08-3142 - USA v. Sturgis et al
November 7, 2008
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AMENDED ORDER as to defendant Willie Lee Sturgis. IT IS ORDERED, The joint oral motion of counsel is granted and, The detention hearing is continued to November 17, 2008 at 12:00 p.m. The defendant shall be present at the hearing. Ordered by Magistrate Judge David L. Piester. (LKL) Modified on 11/10/2008 corrected typo (SED).
November 17, 2008
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ORDER of Detention pending trial as to defendant Willie Lee Sturgis. Ordered by Magistrate Judge David L. Piester. (LKL)
December 17, 2008
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ORDER APPOINTING COUNSEL - Gregory C. Damman appointed as counsel as to defendant Mary Elizabeth McDaniel as ordered by Magistrate Judge David L. Piester. (SED)
December 18, 2008
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ORDER - The motion of Gregory C. Damman to withdraw as counsel for the defendant, filing no. 37 is granted. The Federal Public Defender for the District of Nebraska shall provide the court with a draft appointment order (CJA Form 20) for substitute counsel bearing the name and other identifying information of the CJA Panel attorney identified in accordance with the Criminal Justice Act Plan for this district. The new attorney shall enter an appearance promptly upon appointment as to Mary Elizabeth McDaniel (2). Ordered by Magistrate Judge David L. Piester. ( GJG)(Copy to Karen Burks)
December 19, 2008
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ORDER granting 44 Oral Motion by Korey Reiman to withdraw as counsel for Mary Elizabeth McDaniel (2). The Federal Public Defender for the District of Nebraska shall provide the court with a draft appointment order (CJA Form 20) for substitute counsel. The new attorney shall enter an appearance promptly upon appointment. The detention hearing is continued until such time as new counsel is ready to proceed. The attorney shall contact the undersigned's courtroom deputy to reschedule the detention hearing. Ordered by Magistrate Judge David L. Piester. (Copy to FPD)(JAB)
December 23, 2008
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ORDER APPOINTING COUNSEL - Donald L. Schense for Mary Elizabeth McDaniel as to defendant Mary Elizabeth McDaniel as ordered by Magistrate Judge David L. Piester. (SED)
December 23, 2008
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ORDER of Detention pending trial as to defendant Mary Elizabeth McDaniel as ordered by Magistrate Judge David L. Piester. (SED)
March 11, 2009
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MEMORANDUM AND ORDER - Defendant Mary Elizabeth McDaniel's motion to continue, (filing no. 57), is granted. Trial of this matter as to both defendants is continued to 4/27/2009 at 09:00 AM in Courtroom 1, Federal Building, 100 Centennial Mall North, Lincoln, NE before Judge Richard G. Kopf. Jury selection will be held at commencement of trial. The time between today's date and April 27, 2009 shall be deemed excludable time in any computation of time under the requirements of the Speedy Trial Act. Ordered by Judge Richard G. Kopf. (GJG)MEMORANDUM AND ORDER - Defendant Mary Elizabeth McDaniel's motion to continue, (filing no. 57), is granted. Trial of this matter as to both defendants is continued to 4/27/2009 at 09:00 AM in Courtroom 1, Federal Building, 100 Centennial Mall North, Lincoln, NE before Judge Richard G. Kopf. Jury selection will be held at commencement of trial. The time between today's date and April 27, 2009 shall be deemed excludable time in any computation of time under the requirements of the Speedy Trial Act. Ordered by Judge Richard G. Kopf. (GJG)
April 23, 2009
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ORDER as to defendants Willie Lee Sturgis and Mary Elizabeth McDaniel. It is ordered that: (1)This case is taken off the trial calendar and referred to Magistrate Judge Piester for rescheduling. I request that Judge Piester pick a date where this case can be set as the number one case above all others. (2)In the interests of justice, the time between today's date and the date of trial set by Judge Piester is excluded for computation purposes under the Speedy Trial Act. 18 U.S.C. sec. 3161. Ordered by Judge Richard G. Kopf. (KLL, )ORDER as to defendants Willie Lee Sturgis and Mary Elizabeth McDaniel. It is ordered that: (1)This case is taken off the trial calendar and referred to Magistrate Judge Piester for rescheduling. I request that Judge Piester pick a date where this case can be set as the number one case above all others. (2)In the interests of justice, the time between today's date and the date of trial set by Judge Piester is excluded for computation purposes under the Speedy Trial Act. 18 U.S.C. sec. 3161. Ordered by Judge Richard G. Kopf. (KLL, )
May 14, 2009
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ORDER - The motion of counsel for defendant to withdraw, filing no. 69, is granted and the clerk shall mail a copy of this order to the defendant at his last known address. Defendant is given ten days from the date of this order in which to either: (1) obtain the services of substitute counsel and have that attorney file an appearance in his behalf or, (2) file a financial affidavit setting forth his present financial status, requesting the appointment of counsel. The time between May 14, 2009, and May 28, 2009, shall be deemed excludable time in any computation of time under the requirements of the Speedy Trial Act. This case remains as the first criminal trial on the July 13, 2009 trial docket before the Honorable Richard G. Kopf as to Willie Lee Sturgis (1). Ordered by Magistrate Judge David L. Piester. (Copy mailed as ordered) (GJG)
June 3, 2009
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ORDER as to defendant Willie Lee Sturgis. In response to the court's order of May 14, 2009 (filing no. 71) defendant Sturgis has submitted a financial affidavit for the appointment of counsel. IT THEREFORE HEREBY IS ORDERED, The Federal Public Defender for the District of Nebraska shall provide the court with a draft appointment order (CJA Form 20) for an attorney to represent the defendant, bearing the name and other identifying information of the CJA Panel attorney identified in accordance with the Criminal Justice Act Plan for this district. The new attorney shall enter an appearance promptly upon appointment. Ordered by Magistrate Judge David L. Piester. (Copy given to FPD)(LKH)
June 15, 2009
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ORDER APPOINTING COUNSEL - James L. Beckmann appointed as counsel as to defendant Willie Lee Sturgis as ordered by Magistrate Judge David L. Piester. (SED)
September 16, 2009
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TENTATIVE FINDINGS OF FACT regarding Presentence Investigation Report as to defendant Willie Lee Sturgis. 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, )
October 5, 2009
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JUDGMENT as to Willie Lee Sturgis. Indictment dismissed as to this defendant only. Defendant pleaded guilty to Count I 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 two hundred sixty-two (262) months. This sentence shall run concurrent with the sentence imposed in Case Nos. 08-1144, 08-272 and 08-497 in Lancaster County District Court which are more fully described in Paragraphs 71 and 73 of the presentence report. Five (5) years of Supervised Release with Special Conditions; $100 Special Assessment as to defendant Willie Lee Sturgis. Ordered by Judge Richard G. Kopf. (4 Certified copies to USM)(GJG)
December 7, 2009
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ORDER - The request by a non-party for a CD or a transcript of the testimony of a specific witness (filing 133) is denied without prejudice. The case has not been completed and the non-party has given no reason why such a party reasonably needs access to a transcript or CD of a witness's testimony prior to the completion of this case. If, after this case is completed, the non-party wishes to submit a similar motion the court will consider such a motion at that time. The clerk's office is directed to mail a copy of this order to the party requesting the transcript. Ordered by Judge Richard G. Kopf. (Copy mailed as directed) (GJG)
February 5, 2010
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TENTATIVE FINDINGS OF FACT regarding Revised Presentence Investigation Report and Addendum as to defendant Mary Elizabeth McDaniel. It is ordered that:... (2)The defendant's objection 138 to drug quantity and criminal history 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, 2010
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ORDER permitting the defendant to proceed on appeal in forma pauperis as to defendant Mary Elizabeth McDaniel. Ordered by Judge Richard G. Kopf. (KBJ)
September 1, 2010
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ORDER as to Willie Lee Sturgis. It is ordered that: (1)Counsel for the government shall notify the court when the motion for reduction in sentence pursuant to Rule 35(b) 170 is ripe for decision. The motion shall not be decided until counsel for the government certifies that the motion is ripe;(2)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;(3)The Federal Public Defender shall provide CJA counsel with a new voucher;(4)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, )
October 3, 2011
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MEMORANDUM AND ORDER - The Motion to Vacate under 28 U.S.C. § 2255 (filing no. 178) is denied with prejudice and this case is dismissed. A separate judgment will be issued as to Mary Elizabeth McDaniel (2). Ordered by Judge Richard G. Kopf. (Copy mailed to defendant) (AOA) Civil Case 4:11-cv-03162-RGK closed.
May 21, 2012
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MEMORANDUM AND ORDER as to Mary Elizabeth McDaniel - Pursuant to General Order No. 2011-12, the Federal Public Defender (or his nominee) is herewith appointed to represent the defendant. Appointed counsel shall promptly enter an appearance if he or she has not already done so. On or before 5:00 PM on June 22, 2012, counsel for the government and counsel for the defendant shall each submit a brief addressing whether I should deny the defendant a reduction in her sentence under the Fair Sentencing Act of 2010, effective November 1, 2011, due to the long list of misconduct reports together with her overall criminal history. My chambers shall call this matter to my attention on June 25, 2012. (Case Management Deadline set for 6/22/2012: Briefs regarding Sentence Reduction due.) Ordered by Senior Judge Richard G. Kopf. (Copy to FPD as directed) (Copy mailed to defendant as directed) (TEL)
July 2, 2012
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ORDER REDUCING SENTENCE RE CRACK COCAINE OFFENSE PURSUANT TO 18:3582(c)(2) for Mary Elizabeth McDaniel (2) - Defendant was found guilty to count I of a superseding indictment after a plea of not guilty and is committed to the custody of Bureau of Prisons for 121 months to run concurrently with the state sentence being presently served; 5 years supervised release with special conditions; $100.00 Special Assessment. Except as provided above, all provisions of the judgments dated 2/25/2010 and 10/3/2011 shall remain in effect. Effective date: 7/2/2012. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to defendant) (TEL) (Additional attachment added on 7/2/2012: # (1) Restricted Attachment) (TEL)
July 23, 2012
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ORDER as to defendant Willie Lee Sturgis. 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) 170 187 has been set before the undersigned United States district judge on Tuesday, September 11, 2012, at 12:00 noon, in Courtroom No. 2, 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. Ordered by Senior Judge Richard G. Kopf. (KLL, )
March 13, 2013
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ORDER - The defendant's motion for copies (filing 203) 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 as to Mary Elizabeth McDaniel (2). Ordered by Senior Judge Richard G. Kopf. (Copies mailed as directed) (AOA)
October 17, 2013
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MEMORANDUM AND ORDER - IT IS ORDERED that the Motion to Vacate Under 28 U.S.C. § 2255 (filing No. 205) is denied and dismissed with prejudice. No certificate of appealability will be issued by the undersigned. A separate judgment will be issued as to defendant Mary Elizabeth McDaniel. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)( TCL ) Civil Case 4:13-cv-03175-RGK closed.
September 15, 2014
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MEMORANDUM AND ORDER that filing 208, treated as a Motion to Reduce Sentence as to Mary Elizabeth McDaniel (2), is held in abeyance pending the subsequent resolution contemplated by this order. The Federal Public Defender (or his nominee) is herewith appointed to represent the defendant. No later than November 14, 2014, the probation office shall file as a restricted (but not sealed) document and provide the undersigned and counsel of record with a "Retroactive Sentencing Worksheet." No later than December 15, 2014, counsel of record shall confer and file a stipulation or arrange a telephone conference. Ordered by Senior Judge Richard G. Kopf. (copy emailed to Mike Norton as directed) ( ADB, )
December 15, 2014
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ORDER regarding 208 Motion to Reduce Sentence as to Mary Elizabeth McDaniel. 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. My previous order (filing 209) is withdrawn. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to defendant)(SLP)
April 9, 2015
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ORDER REDUCING SENTENCE - USSC Amendment as to defendant Mary Elizabeth McDaniel. The defendant's previously imposed sentence of imprisonment of 121 months is reduced to 120 months. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (MBM)
August 18, 2015
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ORDER as to defendant Willie Lee Sturgis that a sentence reduction under Amendment 782 (filing 217) is denied. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to defendant)(MBM)
April 26, 2016
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ORDER that the motion for modification/reduction pursuant to Johnson 222 is denied. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (KLF)
May 6, 2016
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ORDER as to Mary Elizabeth McDaniel (2). The Office of the Federal Public Defender's motion towithdraw as attorney (filing no. 227) is granted. Ordered by Senior Judge Richard G. Kopf. (JAB)
October 18, 2016
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MEMORANDUM AND ORDER - that the § 2255 motion (filing no. 229) is denied with prejudice, no certificate of appealability will be issued, and judgment will be entered by separate document as to Mary Elizabeth McDaniel. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (KLF) Civil Case 4:16-cv-03145-RGK closed.
May 23, 2018
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ORDER - that the defendant's objection (filing no. 233) to the plaintiff's notice of intent to destroy exhibits (filing no. 232) is denied as to Mary Elizabeth McDaniel. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (KLF)