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08-3165 - USA v. Pohlman


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08-3165 - USA v. Pohlman
December 23, 2008
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ORDER of Detention pending trial as to defendant John Curtis Pohlman as ordered by Magistrate Judge David L. Piester. (SED)
March 6, 2009
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PRELIMINARY ORDER OF FORFEITURE regarding 19 Motion for Preliminary Forfeiture as to defendant John Curtis Pohlman (1). The United States' Motion for Issuance of Preliminary Order of Forfeiture is hereby sustained. Based upon Counts III and V of the Indictment and the Defendant's plea of guilty, the United States is hereby authorized to seize the Ruger 9mm handgun, serial number 307-75927, and a Norinco 12-gauge shotgun. The Defendant's interest in said properties is 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 Judge Richard G. Kopf. (1 Certified copy to USM)( LKH, )
April 3, 2009
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ORDER as to defendant John Curtis Pohlman. On March 25, 2009, I accepted the defendants guilty plea after consideration of the recommendation of Judge Piester. After that, the defendant sent me a letter indicating that he desires to withdraw his plea. The letter was received in my office on or about April 1, 2009. Accordingly, IT IS ORDERED that: The Clerk shall file the letter and provide counsel with a copy; Treating the letter as a motion to withdraw the plea, this matter is referred to Magistrate Judge Piester for a report and recommendation. The Clerk shall provide Judge Piester with a copy of this memorandum and order and a copy of the letter. Ordered by Judge Richard G. Kopf. (Copies provided as ordered)(LKH)
April 16, 2009
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ORDER regarding 32 Motion to withdraw. IT IS ORDERED that: The Clerk shall file the defendant's most recent letter and, treated as a motion, it is granted. The motion to withdraw the plea of guilty (filing 26) is withdrawn. The reference to Judge Piester (filing 25) is canceled and Judge Piester need not do anything further. Ordered by Judge Richard G. Kopf. (Copy mailed to pro se party)(LKH)
April 21, 2009
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ORDER regarding 28 Motion to Review as to John Curtis Pohlman (1). IT IS ORDERED: Defendant's motion for release, filing no. 28, is denied. See 18 U.S.C. § 3143. Ordered by Magistrate Judge David L. Piester. (LKH)
May 14, 2009
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TENTATIVE FINDINGS OF FACT regarding Presentence Investigation Report as to defendant John Curtis Pohlman. 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 21, 2009
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FINAL ORDER OF FOREITURE sustaining 38 Motion as to John Curtis Pohlman (1). All right, title and interest in and to the Ruger 9mm handgun, serial number 307-75927, and a Norinco 12-gauge shotgun, held by any person or entity, is hereby forever barred, foreclosed and forfeited to the United States of America for disposal in accordance with the law. Ordered by Judge Richard G. Kopf. (1 Certified copy to USM)(JAB)
May 28, 2009
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JUDGMENT as to defendant John Curtis Pohlman (1). DEFENDANT pleaded guilty to counts I, II, III, IV and V of the Indictment and is committed to the custody of the Bureau of Prisons for thirty-seven (37) months as to Count I; sixty (60) months as to Count II; and sixty (60) months as to Count IV; all of said terms to run consecutive; five (5) years supervised release with special conditions as to all counts to run concurrently; $300 (PAID) special assessment, Receipt #4-3050. Final order of forfeiture filed on 05/21/2009 as to Counts III and V filing 42. The defendant shall forfeit the defendant's interest in the following property to the United States: 9 mm Ruger handgun and a 12-gauge shotgun and ammunition. Ordered by Judge Richard G. Kopf. (4 Certified copies to USM)(LKH)
April 26, 2010
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ORDER as to defendant John Curtis Pohlman. 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) 47 has been set before the undersigned United States district judge on Tuesday, May 11, 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, )