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08-3143 - USA v. Erving


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08-3143 - USA v. Erving
February 26, 2009
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ORDER of Detention pending trial as to defendant Dangelo M. Erving as ordered by Magistrate Judge David L. Piester. (SED)
July 28, 2009
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ORDER - The hearing on the defendant's anticipated plea of guilty is rescheduled before the undersigned United States district judge to the 17th day of August, 2009, at the hour of 4:30 p.m., in Courtroom No. 1, United States Courthouse and Federal Building, 100 Centennial Mall, North, Lincoln, Nebraska. For this defendant, 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 as to defendant Dangelo M. Erving. Ordered by Judge Richard G. Kopf. (GJG)
August 28, 2009
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ORDER as to defendant Dangelo M. Erving. This matter came on for a plea hearing today. Mr. Gillan and the defendant were present but Mr. Davis was absent. His office advises me that he is out of state and cannot be reached. Under the circumstances,IT IS ORDERED that this matter is continued until 9:00 a.m. on September 28, 2009. Counsel are ordered to carefully confer about the terms and conditions of the plea agreement and petition, as I would like to avoid any further delays. Ordered by Judge Richard G. Kopf. (KLL, )
September 28, 2009
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ORDER as to defendant Dangelo M. Erving. ***Change of Plea Hearing set for 12/1/2009 01:00 PM in Courtroom 1, Federal Building, 100 Centennial Mall North, Lincoln, NE before Judge Richard G. Kopf. Speedy Trial Act time excluded. No more continuances will be granted. Ordered by Judge Richard G. Kopf. (KLL, )
February 5, 2010
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TENTATIVE FINDINGS OF FACT regarding Presentence Investigation Report as to defendant Dangelo M. Erving. 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, )
February 25, 2011
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ORDER as to Dangelo M. Erving. 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) 49 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, )
March 23, 2012
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ORDER - The Federal Public Defender will represent the defendant regarding any sentence reduction under the Fair Sentencing Act. On, or shortly after, Monday, March 26, 2012, the undersigned will reduce the defendants sentence accordingly by entering the appropriate order. After the order referred to above is entered, Mr. Gillan, the prosecutor, will promptly call the pending Rule 35 motion for hearing and Mr. Davis will represent the defendant in regard to that matter. The Clerk shall mail a copy of this document to the defendant and provide notice of it to James Martin Davis, David Stickman, Bruce Gillan and Craig R. Ford,United States Probation Officer. Mr. Ford shall file the Retroactive SentencingWorksheetas to defendant Dangelo M. Erving. Ordered by Senior Judge Richard G. Kopf. (Copy distributed as directed) (AOA)
March 26, 2012
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ORDER granting Motion for Sentence Reduction Pursuant to 18 U.S.C.ยง3582(c)(2) as to defendant Dangelo M. Erving. The defendant's previously imposed sentence is reduced to 151 months. This order is entered without prejudice to the Rule 35(b) motion (filing 49). Except as otherwise provided, all provisions of the judgment dated 3/1/2010 shall remain in effect. Ordered by Senior Judge Richard G. Kopf. (1 Certified copy to USM)(GJG) # (1) Page 2) (GJG, ). Modified on 3/26/2012 to attach restricted second page.(GJG).
April 6, 2012
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ORDER as to defendant Dangelo M. Erving. It is ordered that: (1)The plaintiff's request for hearing is granted.(2)The hearing on the government's motion for reduction of sentence pursuant to Rule 35(b) 49 56 has been scheduled before the undersigned United States district judge on Tuesday, May 8, 2012, at 1:00 p.m., in Courtroom No. 2, United States Courthouse and Federal Building, 100 Centennial Mall North, Lincoln, Nebraska.(3)At the request of the defendant through his counsel, the defendant will participate in the hearing by telephone. (4)Defense counsel shall make the telephone arrangements with the Bureau of Prisons. Defense counsel shall then provide the undersigned's chambers with the contact information (including name and telephone number) of the Bureau of Prison's official the courtroom deputy should call the day and time of the hearing.(5)The Marshal is directed not to return the defendant to the district.(6)The defendant is held to have waived his right to be present. Ordered by Senior Judge Richard G. Kopf. (KLL, )
April 10, 2012
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ORDER - David R. Stickman's motion to withdraw (filing 59) is granted as to Dangelo M. Erving. Ordered by Senior Judge Richard G. Kopf. ( GJG)
April 2, 2013
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MEMORANDUM AND ORDER as Attorney as to Dangelo M. Erving (1). Defense counsel's motion to appoint new counsel, (filing no. 73), is granted. James M. Davis is hereby withdrawn as counsel for Dangelo M. Erving. Ordered by Magistrate Judge Cheryl R. Zwart. (E-mailed to FPD)(JAB)
April 4, 2013
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ORDER APPOINTING COUNSEL as to defendant Dangelo M. Erving. The Federal Public Defender for the District of Nebraska is appointed to represent the above named defendant in this matter. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
April 4, 2013
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ORDER of Detention pending revocation as to defendant Dangelo M. Erving. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
March 18, 2015
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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 Dangelo M. Erving. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
September 15, 2015
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ORDER - The petition for offender under supervision (filing no. 93) is dismissed without prejudice. The September 18, 2015 revocation hearing is canceled as to defendant Dangelo M. Erving. Ordered by Senior Judge Richard G. Kopf. (1 Certified copy to USM)(GJG)
October 14, 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 Dangelo M. Erving. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
November 14, 2016
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ORDER - that the defendant's unopposed motion to continue his November 17, 2016 hearing (filing no. 125) is granted. A specific hearing date will be set upon further advice from counsel. The defendant's revocation hearing shall be completed no later than January 5, 2017 as to Dangelo M. Erving. Ordered by Senior Judge Richard G. Kopf. (KLF)
January 3, 2017
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JUDGMENT for Revocation of Supervised Release as to defendant Dangelo M. Erving. Defendant was found in violation of allegation 1 of the amended petition for offender under supervision 109 after denial of guilt. Defendant is sentenced to the custody of the Bureau of Prisons for a term of 15 months with no supervised release to follow, and pay $100 special assessment. Defendant was not found in violation of allegation 2 of the amended petition 109. The petition 106 is dismissed on the motion of the government. Defendant remanded to the custody of the U.S. Marshal. Ordered by Senior Judge Richard G. Kopf. (1 Certified copy to USM) (CS)
January 9, 2017
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ORDER permitting the defendant to proceed on appeal in forma pauperis as to defendant Dangelo M. Erving. Ordered by Senior Judge Richard G. Kopf. (GJG)