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08-3148 - USA v. Rayno et al


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08-3148 - USA v. Rayno et al
October 31, 2008
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ORDER APPOINTING COUNSEL - John C. Vanderslice appointed as counsel as to defendant Michael J. Rayno as ordered by Magistrate Judge David L. Piester. (SED)
October 31, 2008
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ORDER APPOINTING COUNSEL - Gregory C. Damman appointed as counsel as to defendant Leonard Lautenschlager, III as ordered by Magistrate Judge David L. Piester. (SED)
October 31, 2008
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ORDER APPOINTING COUNSEL - John S. Berry appointed as counsel as to defendant Rose A. Lautenschlager as ordered by Magistrate Judge David L. Piester. (SED)
October 31, 2008
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ORDER APPOINTING COUNSEL - Franklin E. Miner appointed as counsel as to defendant William M. Malone as ordered by Magistrate Judge David L. Piester. (SED)
October 31, 2008
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ORDER APPOINTING COUNSEL - David F. Eaton appointed as counsel as to defendant Chad W. Ferguson as ordered by Magistrate Judge David L. Piester. (SED)
October 31, 2008
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ORDER APPOINTING COUNSEL - Theresa M. Siglar appointed as counsel as to defendant Angel M. Koski as ordered by Magistrate Judge David L. Piester. (SED)
October 31, 2008
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ORDER of Detention pending trial as to defendant Michael J. Rayno. Ordered by Magistrate Judge David L. Piester. (LKL)
October 31, 2008
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ORDER of Detention pending trial as to defendant William M. Malone. Ordered by Magistrate Judge David L. Piester. (LKL)
October 31, 2008
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ORDER of Detention pending trial as to defendant Chad W. Ferguson. Ordered by Magistrate Judge David L. Piester. (LKL)
December 2, 2008
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ORDER granting 64 Motion to Restrict pursuant to the E-Government Act as to Michael J. Rayno (1). The Clerk shall file defendant's response to plaintiff's opposition to treatment release restricted. Said Motion shall be made available to case participants only. Ordered by Magistrate Judge David L. Piester. ( GJG, )
December 3, 2008
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ORDER regarding 66 Motion to Extend. IT IS ORDERED: Defendant Moats motion to extend deadline, filing no. [66,]is granted and the deadline for defendant Moats to file pretrial motions is extended to January 5, 2009. Ordered by Magistrate Judge David L. Piester. (LKL)
December 3, 2008
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ORDER - Defendant's motion to extend deadline, filing no. 68, is granted and the deadline for defendant Koski to file pretrial motions is extended to January 5, 2009 as to Angel M. Koski (8). Ordered by Magistrate Judge David L. Piester. ( GJG, )
December 11, 2008
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ORDER denying 72 Motion to modify conditions of release as to Chad W. Ferguson (6). Ordered by Magistrate Judge David L. Piester. (LKH)
December 19, 2008
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ORDER granting 73 Motion to Restrict pursuant to the E-Government Act as to Chad W. Ferguson (6). The clerk is directed to maintain filing no. 72 as a restricted access document. Ordered by Magistrate Judge David L. Piester. (JAB)
January 6, 2009
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ORDER regarding 90 Motion to Continue as to Jeff L. Moats (7). IT IS ORDERED:The motion of defendant Jeff L. Moats to continue, filing no. 90, is granted and, Trial as to all of the above defendants is continued to 9:00 a.m., February 23, 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. The time betweenJanuary 6, 2009 and February 23, 2009 shall be deemed excludabletime in any computation of time under the requirements of theSpeedy Trial Act. Ordered by Magistrate Judge David L. Piester. (LKH)ORDER regarding 90 Motion to Continue as to Jeff L. Moats (7). IT IS ORDERED:The motion of defendant Jeff L. Moats to continue, filing no. 90, is granted and, Trial as to all of the above defendants is continued to 9:00 a.m., February 23, 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. The time betweenJanuary 6, 2009 and February 23, 2009 shall be deemed excludabletime in any computation of time under the requirements of theSpeedy Trial Act. Ordered by Magistrate Judge David L. Piester. (LKH)ORDER regarding 90 Motion to Continue as to Jeff L. Moats (7). IT IS ORDERED:The motion of defendant Jeff L. Moats to continue, filing no. 90, is granted and, Trial as to all of the above defendants is continued to 9:00 a.m., February 23, 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. The time betweenJanuary 6, 2009 and February 23, 2009 shall be deemed excludabletime in any computation of time under the requirements of theSpeedy Trial Act. Ordered by Magistrate Judge David L. Piester. (LKH)ORDER regarding 90 Motion to Continue as to Jeff L. Moats (7). IT IS ORDERED:The motion of defendant Jeff L. Moats to continue, filing no. 90, is granted and, Trial as to all of the above defendants is continued to 9:00 a.m., February 23, 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. The time betweenJanuary 6, 2009 and February 23, 2009 shall be deemed excludabletime in any computation of time under the requirements of theSpeedy Trial Act. Ordered by Magistrate Judge David L. Piester. (LKH)ORDER regarding 90 Motion to Continue as to Jeff L. Moats (7). IT IS ORDERED:The motion of defendant Jeff L. Moats to continue, filing no. 90, is granted and, Trial as to all of the above defendants is continued to 9:00 a.m., February 23, 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. The time betweenJanuary 6, 2009 and February 23, 2009 shall be deemed excludabletime in any computation of time under the requirements of theSpeedy Trial Act. Ordered by Magistrate Judge David L. Piester. (LKH)ORDER regarding 90 Motion to Continue as to Jeff L. Moats (7). IT IS ORDERED:The motion of defendant Jeff L. Moats to continue, filing no. 90, is granted and, Trial as to all of the above defendants is continued to 9:00 a.m., February 23, 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. The time betweenJanuary 6, 2009 and February 23, 2009 shall be deemed excludabletime in any computation of time under the requirements of theSpeedy Trial Act. Ordered by Magistrate Judge David L. Piester. (LKH)
January 7, 2009
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AMENDED ORDER regarding 90 Motion to continue as to defendants Leonard Lautenschlager, III, William M. Malone, Chad W. Ferguson, Jeff L. and Moats, Angel M. Koski. Ordered by Magistrate Judge David L. Piester. (LKH)AMENDED ORDER regarding 90 Motion to continue as to defendants Leonard Lautenschlager, III, William M. Malone, Chad W. Ferguson, Jeff L. and Moats, Angel M. Koski. Ordered by Magistrate Judge David L. Piester. (LKH)AMENDED ORDER regarding 90 Motion to continue as to defendants Leonard Lautenschlager, III, William M. Malone, Chad W. Ferguson, Jeff L. and Moats, Angel M. Koski. Ordered by Magistrate Judge David L. Piester. (LKH)AMENDED ORDER regarding 90 Motion to continue as to defendants Leonard Lautenschlager, III, William M. Malone, Chad W. Ferguson, Jeff L. and Moats, Angel M. Koski. Ordered by Magistrate Judge David L. Piester. (LKH)AMENDED ORDER regarding 90 Motion to continue as to defendants Leonard Lautenschlager, III, William M. Malone, Chad W. Ferguson, Jeff L. and Moats, Angel M. Koski. Ordered by Magistrate Judge David L. Piester. (LKH)
January 12, 2009
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MEMORANDUM AND ORDER as to defendant Michael J. Rayno. A hearing was held before me on this date on allegations made in the petition for action on conditions of pretrial release, filing NO. 96. The defendant was present with counsel, and was advised of his rights. The defendant stood mute. Evidence was taken. I find that the allegations of the petition are true. IT THEREFORE HEREBY IS ORDERED, The previous order of release, filing no. 71, is revoked, and the defendant shall be detained in the custody of the United States Marshal until further order of the court. Ordered by Magistrate Judge David L. Piester. (1 Certified copy to USM)(LKH)
January 22, 2009
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MEMORANDUM AND ORDER as to defendant Angel M. Koski. There is reasonable cause to believe the defendant is incompetent. The defendant is remanded to the custody of the U.S. Marshal. The United States Bureau of Prisons shall designate a medical center for federal prisoners at which the defendant shall be examined pursuant to this order. The defendant's counsel shall promptly gather and provide the pretrial services officer with such pertinent unprivileged information as may be accessible to counsel. The Assistant United States Attorney handling this case shall promptly gather and provide the pretrial services officer with such pertinent information as may be accessible to counsel.The time between January 22, 2009 and the ultimate determination of the defendant' s competency shall be excluded from computation for purposes of the Speedy Trial Act. Ordered by Judge Richard G. Kopf. (1 Certified copy to USM)(LKH)
February 3, 2009
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ORDER as to defendants Leonard Lautenschlager, III, William M. Malone, Chad W. Ferguson, Jeff L. Moats, and Angel M. Koski. IT IS ORDERED: Trial that was set for February 23, 2009 as to all of the above defendants is continued until further order. Ordered by Magistrate Judge David L. Piester. (LKH)ORDER as to defendants Leonard Lautenschlager, III, William M. Malone, Chad W. Ferguson, Jeff L. Moats, and Angel M. Koski. IT IS ORDERED: Trial that was set for February 23, 2009 as to all of the above defendants is continued until further order. Ordered by Magistrate Judge David L. Piester. (LKH)ORDER as to defendants Leonard Lautenschlager, III, William M. Malone, Chad W. Ferguson, Jeff L. Moats, and Angel M. Koski. IT IS ORDERED: Trial that was set for February 23, 2009 as to all of the above defendants is continued until further order. Ordered by Magistrate Judge David L. Piester. (LKH)ORDER as to defendants Leonard Lautenschlager, III, William M. Malone, Chad W. Ferguson, Jeff L. Moats, and Angel M. Koski. IT IS ORDERED: Trial that was set for February 23, 2009 as to all of the above defendants is continued until further order. Ordered by Magistrate Judge David L. Piester. (LKH)ORDER as to defendants Leonard Lautenschlager, III, William M. Malone, Chad W. Ferguson, Jeff L. Moats, and Angel M. Koski. IT IS ORDERED: Trial that was set for February 23, 2009 as to all of the above defendants is continued until further order. Ordered by Magistrate Judge David L. Piester. (LKH)
February 5, 2009
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ORDER APPOINTING COUNSEL - Adam Sipple is appointed as attorney of record for defendant Larry J. Lautenschlager. Ordered by Magistrate Judge David L. Piester. (JAB)
February 5, 2009
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ORDER of Detention pending trial as to defendant Larry J. Lautenschlager. Ordered by Magistrate Judge David L. Piester. (JAB)
February 6, 2009
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ORDER-Defendant's motion, filing no. 110, for permission to restrict document is granted and the clerk shall maintain filing no. 111 as a restricted access document. Ordered by Magistrate Judge David L. Piester. (LKH)
February 9, 2009
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ORDER-Defendant's motion, filing no. 111, is granted. Pretrial services shall arrange screening for admission into an inpatient treatment program, and shall notify the court when defendant has been accepted into treatment as to defendant Chad W. Ferguson (6). Ordered by Magistrate Judge David L. Piester. (LKH)
February 10, 2009
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ORDER- Defendant's motion to continue, filing no. 129, is granted and the change of plea hearing is continued from today to March 17, 2009 at 1:00 p.m. 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. (LKH)
February 23, 2009
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ORDER-Defendant's motion to restrict, filing no. 135, is granted and the defendant's motion to modify conditions of detention (filing no. 136) shall remain filed as a restricted document. Ordered by Magistrate Judge David L. Piester. (LKH)
March 17, 2009
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ORDER granting 154 Oral Motion of Defendant Rose A. Lautenschlager (4). Change of Plea Hearing set for 4/7/2009 09:00 AM 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 anticipated plea of guilty, shall be deemed excludable time in any computation of time under the requirements of the Speedy Trial Act. Defendant shall be present at the hearing. Ordered by Magistrate Judge David L. Piester. (GJG)
March 25, 2009
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MEMORANDUM AND ORDER as to defendant William M. Malone. A hearing was held before me this date on allegations made in the petition for action on conditions of pretrial release, filing no. 158. The defendant was present with counsel, and was advised of his rights. The defendant admitted the allegations in the petition. I therefore find that the allegations of violation of the order of release are true. IT THEREFORE HEREBY IS ORDERED, The previous order of release, filing no. 86, is revoked, and the defendant shall be detained in the custody of the United States Marshal until further order. Ordered by Magistrate Judge David L. Piester. (1 Certified copy to USM)(LKH)
March 30, 2009
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ORDER denying 143 Motion for Reconsideration, as to Angel M. Koski. Ordered by Judge Richard G. Kopf. ( KLL, )
April 9, 2009
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ORDER as to Michael J. Rayno. It is ordered that: (1) The defendant's Motion to Continue the Deadline for Filing any Variance Motion and supporting brief 174 is granted; (2) The defendant shall file any Variance Motion with supporting Brief no later than April 17, 2009. Ordered by Judge Richard G. Kopf. ( KLL, )
April 17, 2009
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TENTATIVE FINDINGS OF FACT regarding Revised Presentence Investigation Report and Addendum, as to defendant Michael J. Rayno. It is ordered that:... (2)The defendant's objection to the base offense level 173 and variance motion 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, )
April 17, 2009
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ORDER as to Michael J. Rayno. It is ordered that the defendant's Motion to Continue the Deadline for Filing any Variance Motion and supporting brief 179 is granted. The defendant shall file any Variance Motion with supporting Brief no later than April 20, 2009. Ordered by Judge Richard G. Kopf. ( KLL, )
April 20, 2009
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ORDER regarding 182 Motion to Restrict pursuant to the E-Government Act as to Michael J. Rayno (1). THIS MATTER comes before the Court on defendant's Request to File A Restricted Motion, filing 182. The Court, being fully advised in the premises, finds that said Motion should be granted. IT IS THEREFORE ORDERED that, pursuant to NECrimR 12.4, the Clerk shall file defendants Motion for Variance and Supporting Brief restricted. IT IS FURTHER ORDERED that said Motion and Brief be made available to case participants only. Ordered by Judge Richard G. Kopf. (LKH)
April 23, 2009
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MEMORANDUM AND ORDER as to Angel M. Koski. I am in receipt of a forensic report from the Federal Medical Center, Carswell. Among other things, it concludes that Ms. Koski is competent. IT IS ORDERED that: The Clerk shall file the attached report under seal and provide copies to counsel. A competency hearing to be followed by a review of the pending petition (filing 106) and a discussion regarding progression shall be held on Thursday, August 27, 2009, at 12:00 noon, before the undersigned United States district judge. The United States Marshal's Service shall advise the undersigned if the foregoing date becomes a problem. Otherwise, the United States Marshal's Service shall transport the defendant at a time convenient to the Marshals Service and in time for the hearing set forth above. On the courts own motion, the time between today's date and the hearing is excluded for purposes of computation under the Speedy Trial Act because the defendant's pregnancy and her custodial status precludes a more rapid resolution of the competency question and the pending petition. 18 U.S.C. ยง 3161(h)(1)(A) & (h)(7)(A)&(B). Ordered by Judge Richard G. Kopf. (1 Certified copy to USM, Copy of Forensic report to counsel.)(LKH)
April 28, 2009
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JUDGMENT as to Michael J. Rayno (1). Defendant pleaded guilty to Count I of the Indictment and is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a term of seventy (70) months; five (5) years of Supervised Release with Special Conditions; $100 Special Assessment. Count II of the Indictment is dismissed as to defendant Michael J. Rayno only. Ordered by Judge Richard G. Kopf. (4 Certified copies to USM)(GJG)
May 4, 2009
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ORDER as to defendant Angel M. Koski. IT IS ORDERED that: The Clerk shall file the attached updated report from the Federal Medical Center, Carswell, dated April 28, 2009, and cover letter dated April 30, 2009. The Clerk shall provide a copy of this order and the updated report to counsel of record for the government and all defendants, and to the United States Marshal. The undersigned's judicial assistant shall arrange a telephone conference with defense counsel Theresa Siglar, government's counsel Matt Molsen, psychologists Tami Yanez and/or Robert Gregg, and Supervising United States Marshal Ryan Thompson, to discuss the updated report. Ordered by Judge Richard G. Kopf. (1 copy of order and the report to USM and all counsel of record)(LKH)
May 12, 2009
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ORDER as to defendant Angel M. Koski. It is ordered that a telephone conference with defense counsel Theresa Siglar, government's counsel Matt Molsen, defendant Angel Koski, psychologist Tami Yanez, and Supervising United States Marshal Ryan Thompson is set on Wednesday, May 20, 2009, at 1:00 p.m. Central time. The undersigned's judicial assistant will coordinate the call. Ordered by Judge Richard G. Kopf. (KLL, )
May 15, 2009
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TENTATIVE FINDINGS OF FACT regarding Presentence Investigation Report as to defendant William M. Malone. 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, )
May 20, 2009
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ORDER as to defendant Angel M. Koski. IT IS ORDERED that:1.The United States Marshals Service shall return the defendant to the State of Nebraska, but the defendant shall remain in detention until further order of this court.2.The defendant shall have no contact with her children until further order of the court. The Assistant United States Attorney handling this case shall contact Child Protective Services in Nebraska to determine the present status of the defendant's children and whether the defendant may have contact with those children. After that inquiry is completed, the Assistant United States Attorney shall advise the undersigned, defense counsel and Ryan Thompson of the results.3.Mr. Thompson shall investigate whether the defendant can be held in a Nebraska detention facility pending the birth of her child. It is my request that the defendant be held in Nebraska if at all possible so that when the defendant gives birth to her child, any then pending Nebraska child custody proceedings regarding the defendant's older children may be expanded to include the infant.4.A hearing is scheduled for Monday, June 8, 2009, at 12:00 noon. At that time, I will resolve all matters called to my attention that are germane to this case including the following: A.Is the defendant competent to proceed? B.How should this case be progressed? C.Should the defendant be allowed to have contact with any of her children? D.Should the defendant remain in detention and, if so, where should she be detained? E.What arrangements should be made to address the impending birth of the defendant's child? 5.Mr. Thompson is requested to attend the hearing to advise me regarding the proper placement of the defendant. 6.My judicial assistant shall provide copies of this memorandum and order to Judge Piester, Mr. Thompson, Dr. Yanez and Commander McGee. Ordered by Judge Richard G. Kopf. (KLL, )
May 28, 2009
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JUDGMENT as to William M. Malone (5). Defendant pleaded guilty to Count I of the Indictment and is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a term of one hundred eight (108) months; five (5) years of Supervised Release with Special Conditions; $100 Special Assessment. Count II of the Indictment is dismissed on the motion of the United States as to defendant William M. Malone only. Ordered by Judge Richard G. Kopf. (4 Certified copies to USM)(GJG)
June 4, 2009
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ORDER as to defendant Larry J. Lautenschlager. IT IS ORDERED: The pretrial services officer shall investigate the proposal of the defendant and report to the court and counsel as soon as possible. Ordered by Magistrate Judge David L. Piester. (LKH)
June 8, 2009
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MEMORANDUM AND ORDER as to defendant Angel M. Koski. IT IS ORDERED that: The defendant is competent to stand trial. The amended petition (filing 106) is sustained and the defendant shall be detained pending trial. Koski may have telephone contact and in-person visits with her now living children provided that the custodian of the children (the Nebraska Department of Health and Human Services) approves such contacts and visitations and provided further that the jail has no rules against such contacts or visitations. The Assistant United States Attorney handling this case shall notify the Merrick County Attorney that Koski's husband will be taking custody of the unborn child after Koski gives birth to that child. This matter is referred to Judge Piester for further progression including setting this matter for trial. In that regard, the Speedy Trial clock is restarted effective June 8, 2009. The Clerk shall provide Judge Piester with a copy of this memorandum and order. The Clerk shall provide copies of this memorandum and order to all counsel of record in this case and to counsel for the government. The Clerk shall provide copies of this memorandum and order to the United States Marshals Service and to the Pretrial Services Office. My judicial assistant shall provide Dr. Yanez and Commander McGee at the Bureau of Prisons with a copy of this memorandum and order. They have my sincere thanks. Ordered by Judge Richard G. Kopf. (Copy to USM, USA, defendants counsel, Pretrial and Judge Piester)(LKH)
June 12, 2009
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TENTATIVE FINDINGS OF FACT regarding Revised Presentence Investigation Report and Addendum as to defendant Rose A. Lautenschlager. It is ordered that:... (2)The defendant's objection 212 to role in the offense lack of mitigating role 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, )
June 25, 2009
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JUDGMENT as to defendant Rose A. Lautenschlager (4). DEFENDANT pleaded guilty to count I of the Indictment and is committed to the custody of the Bureau of Prisons for 37 months; 5 years supervised release with special conditions; $100.00 special assessment. Count II of the Indictment is dismissed on the motion of the United States as to this defendant only. The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons before 2:00 p.m. no earlier than 90 days from June 24, 2009, as notified by the United States Marshal. Ordered by Judge Richard G. Kopf. (4 Certified copies to USM)(LKH)
June 25, 2009
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ORDER regarding 210 Motion to Amend as to Larry J. Lautenschlager (2). Based upon the advice of the Pretrial Services Officer, IT IS ORDERED that the motion to amend terms of pretrial release (filing 210) is granted to the extent that the defendant is permitted to transition from the Summit House to his own apartment provided, as a condition precedent, that he must pay in full what he owes the Summit House and that he provide the Pretrial Services Officer with evidence of such payment. Ordered by Judge Richard G. Kopf. (LKH)
July 28, 2009
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ORDER of Detention pending trial as to defendant Larry J. Lautenschlager as ordered by Judge Richard G. Kopf. (SED)
August 18, 2009
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ORDER as to defendant Angel M. Koski(8). After considering the views of the experienced U.S. Pretrial Services Officer, and the defendants prior history of noncompliance, IT IS ORDERED that the motion for reconsideration (filing 255) submitted by the defendant is denied. Ordered by Judge Richard G. Kopf. (JAB)
August 24, 2009
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MEMORANDUM AND ORDER - In light of the fact that a hearing on the defendant's desire to enter a guilty plea has been set for September 4, 2009, IT IS ORDERED that the status telephone conference concerning competency and related inquiries scheduled for August 27, 2009, is canceled with the understanding that the question of competency will be considered on September 4, 2009 as to defendant Angel M. Koski. Ordered by Judge Richard G. Kopf. (GJG)
October 22, 2009
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ORDER as to defendant Angel M. Koski. The Clerk shall file the evaluation under seal and provide a copy only to Defendant Koski's lawyer, government's counsel, and the probation officer. Ordered by Judge Richard G. Kopf. (GJG)(Copies of evaluation provided as ordered)
October 28, 2009
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TENTATIVE FINDINGS OF FACT regarding Presentence Investigation Report as to defendant Chad W. Ferguson. 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, )
November 3, 2009
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ORDER as to defendant Angel M. Koski. The Clerk of Court shall file under seal the United States Probation Officer's email note and the defendant's statement. Ordered by Judge Richard G. Kopf. (GJG)
November 10, 2009
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TENTATIVE FINDINGS OF FACT regarding Revised Presentence Investigation Report as to defendant Angel M. Koski. It is ordered that:... (2)The defendant's objection to the presentence report 294 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, )
November 13, 2009
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ORDER as to Larry J. Lautenschlager. It is ordered that the defendant's motion to extend time to file statement of position concerning revised presentence investigation report 308 is granted. The defendant's statement of position shall be filed on or before November 22, 2009. Ordered by Judge Richard G. Kopf. ( KLL, )
November 24, 2009
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MEMORANDUM AND ORDER - The government's unopposed motion to continue sentencing (filing 324) is granted, and the sentencing set for 12:30 p.m. on Tuesday, November 24, 2009, is continued until further order of the court. The parties shall contact Kris Leininger in the chambers of the undersigned United States district judge on Tuesday, December 1, 2009, to reschedule this matter. Defense counsel's motion to allow the defendant to leave detention to receive drug and substance-abuse treatment (filing 325) is denied as to Angel M. Koski. Ordered by Judge Richard G. Kopf. (GJG)
December 1, 2009
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ORDER as to defendant Angel M. Koski. It is ordered that Defendant Koski's sentencing is continued to Friday, December 11, 2009, at 3:00 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, )
December 8, 2009
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TENTATIVE FINDINGS OF FACT regarding Presentence Investigation Report and Addendum as to defendant Leonard Lautenschlager, III. It is ordered that:... (2)The defendant's motion for variance 331 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, )
December 15, 2009
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JUDGMENT as to defendant Angel M. Koski (8). Defendant pleaded guilty to count I of the Indictment and is committed to the custody of the United States Bureau of Prisons for a term of seventy-seven (77) months; 5 years supervised release with special conditions; $100 special assessment. Count II is Dismissed on motion of the United States as to this defendant only. Ordered by Judge Richard G. Kopf. (4 Certified copies to USM)(JAB)
December 21, 2009
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ORDER regarding Notice of Appeal to USCA354 as to defendant Angel M. Koski. No order will be entered in this direct criminal appeal, and the party is permitted to proceed on appeal in forma pauperis. Ordered by Judge Richard G. Kopf. (JAB)
December 23, 2009
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MEMORANDUM AND ORDER as to defendant Leonard Lautenschlager, III. The evidentiary hearing and sentencing set for 12:30 p.m. today in the above-captioned matter is continued until further order of the court. The judicial assistant to the undersigned United States district judge shall contact the parties at a later date to reschedule this matter. Ordered by Judge Richard G. Kopf. (GJG)
January 4, 2010
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ORDER as to defendant Leonard Lautenschlager, III. ***Evidentiary hearing and sentencing are rescheduled to 2/11/2010 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. (KLL, )
January 21, 2010
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ORDER of Detention pending trial as to defendant Jeff L. Moats as ordered by Magistrate Judge Cheryl R. Zwart. (SED)
January 25, 2010
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ORDER as to Jeff L. Moats. It is ordered that:(1)The defendant's unopposed motion to continue sentencing 376 is granted.(2) Defendant Moats' sentencing is rescheduled to March 10, 2010, at 12:30 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, )
February 5, 2010
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TENTATIVE FINDINGS OF FACT regarding Revised Presentence Investigation Report and Addendum as to defendant Jeff L. Moats. It is ordered that:... (2)The defendant's objection (filings 313 and 380) related to lack of role reduction, criminal history and lack of safety valve 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, )
February 16, 2010
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ORDER as to defendant Jeff L. Moats. On the oral motion of defense counsel, and without objection by the government,IT IS ORDERED that Defendant Moats' evidentiary hearing and sentencing are continued to March 19, 2010, at 12:30 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, )
March 31, 2010
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ORDER as to defendant Michael J. Rayno. 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) 405 has been set before the undersigned United States district judge on Wednesday, April 14, 2010, at 12:00 noon, in Courtroom No. 1, 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)The Marshal is directed not to return the defendant to the district.(5)The defendant is held to have waived his right to be present.(6)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.(7)The Federal Public Defender shall provide CJA counsel with a new voucher.(8)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, )
July 8, 2010
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MEMORANDUM AND ORDER denying 418 Motion to Appoint Counsel on Appeal as to Angel M. Koski (8). The Clerk shall file Ms Koski's letter. The letter, treated as a motion, is denied. The Clerk shall forward a copy of this order and Ms. Koskis letter to the Clerk of the Court of Appeals. Ordered by Judge Richard G. Kopf. (Copy mailed to pro se party and e-mailed to 8th Circuit) (JAB)
July 9, 2010
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ORDER as to defendant Rose A. Lautenschlager. 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) 417 has been set before the undersigned United States district judge on Tuesday, July 27, 2010, at 12:00 noon, in Courtroom No. 1, United States Courthouse and Federal Building, 100 Centennial Mall North, Lincoln, Nebraska.(3)At the request of the defendant through her counsel, the defendant will participate in the hearing by telephone.(4)The Marshal is directed not to return the defendant to the district.(5)The defendant is held to have waived her right to be present.(6)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.(7)The Federal Public Defender shall provide CJA counsel with a new voucher.(8)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, )
July 21, 2010
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ORDER as to defendant William M. Malone. 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) 415 has been set before the undersigned United States district judge on Thursday, August 5, 2010, at 1:00 p.m., in Courtroom No. 1, 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)The Marshal is directed not to return the defendant to the district.(5)The defendant is held to have waived his right to be present.(6)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.(7)The Federal Public Defender shall provide CJA counsel with a new voucher.(8)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, )
November 30, 2010
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ORDER as to defendant Chad W. Ferguson. 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) 433 has been set before the undersigned United States district judge on Thursday, December 16, 2010, at 12:30 p.m., in Courtroom No. 1, 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)The Marshal is directed not to return the defendant to the district.(5)The defendant is held to have waived his right to be present.(6)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.(7)The Federal Public Defender shall provide CJA counsel with a new voucher.(8)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, )
December 14, 2010
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ORDER as to defendant Larry J. Lautenschlager. 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) 438 has been set before the undersigned United States district judge on Friday, January 7, 2011, at 12:00 noon, in Courtroom No. 1, 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)The Marshal is directed not to return the defendant to the district.(5)The defendant is held to have waived his right to be present.(6)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.(7)The Federal Public Defender shall provide CJA counsel with a new voucher.(8)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, )
April 12, 2011
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MEMORANDUM AND ORDER as to Angel M. Koski (8). "Petition For Two (2) Point Reduction In Offense Level Due to Revision In the Sentencing Guidelines Effective December 2010" (filing no. 457) is denied. Ordered by Judge Richard G. Kopf. (Copy mailed to defendant) (AOA)
July 19, 2011
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MEMORANDUM AND ORDER denying 459 Motion to Vacate (2255) as to Angel M. Koski (8); denying 460 Motion to Appoint Counsel as to Angel M. Koski (8). A separate judgment willbe issued. Ordered by Judge Richard G. Kopf. (TEL) Civil Case 4:11-cv-03104-RGK closed. (Copy mailed to pro se party) Modified on 7/19/2011 to include mailing information. (TEL)
February 14, 2012
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ORDER denying 467 Motion for Downward Departure as to Angel M. Koski (8). Ordered by Senior Judge Richard G. Kopf. (JSF)
November 14, 2012
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ORDER APPOINTING COUNSEL as to defendant Larry J. Lautenschlager. Nancy K. Peterson is appointed as attorney of record for the above-named defendant in this matter. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
June 11, 2013
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ORDER that the petition for an offender 475 is dismissed without prejudice. The hearing scheduled for June 13, 2013 is cancelled. The motion to modify conditions of release to transfer supervision 486 is denied as to Larry J. Lautenschlager (2). Ordered by Senior Judge Richard G. Kopf. (JSF)
October 2, 2014
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ORDER APPOINTING COUNSEL - CJA Counsel Nancy Peterson is appointed to represent the defendant in this matter as to defendant Larry J. Lautenschlager. Ordered by Magistrate Judge Cheryl R. Zwart. (CCB)
October 2, 2014
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RELEASE ORDER as to defendant Larry J. Lautenschlager directing defendant to comply with all terms and conditions of supervised release which were imposed at sentencing except defendant shall be released to reside at the Sienna Francis House in Omaha Nebraska. Revocation hearing will be held before Judge Kopf on 12/18/14 at 12:30 p.m. in Courtroom 2, United States Courthouse, Lincoln, Nebraska. Counsel and defendant shall attend the hearing. Ordered by Magistrate Judge Cheryl R. Zwart. (CCB )
October 16, 2014
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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 William M. Malone. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
December 15, 2014
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ORDER granting 527 Motion for Release as to William M. Malone (5). The defendant is released subject to the following: The defendant shall appear at his revocation hearing scheduled for January 20, 2015 at 1:00 p.m., in Courtroom 2, Federal Building, 100 Centennial Mall North, Lincoln, Nebraska, before Judge Richard G. Kopf. The defendant shall comply with all terms and conditions of supervised release which were imposed at sentencing, and the additional conditions as set out in this order. Ordered by Senior Judge Richard G. Kopf. (JSF)
February 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 Chad W. Ferguson. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
February 18, 2015
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ORDER of Detention pending revocation as to defendant Chad W. Ferguson. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
December 2, 2015
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ORDER that Ms. Koski's supervised release is herewith terminated. The Clerk of Court shall send a copy of this order to the defendant at her last known address and to United States Probation Officer Michelle McNamara as to defendant Angel M. Koski. Ordered by Senior Judge Richard G. Kopf. (Copies mailed as directed) (JSF)
December 8, 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 William M. Malone. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
December 8, 2015
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ORDER of Detention pending revocation as to defendant William M. Malone. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
January 8, 2016
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JUDGMENT for Revocation of Supervised Release as to defendant William M. Malone. Defendant admitted guilt to allegation 1 of the petition for offender under supervision 574, and is committed to the custody of the Bureau of Prisons for a term of 18 months with no supervised release to follow. Special Assessment of $100 has been paid. Allegation 2 of the petition is dismissed without prejudice on the motion of the government. Ordered by Senior Judge Richard G. Kopf. (1 Certified copy to USM) (CS)