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08-3177 - USA v. Sutton et al


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08-3177 - USA v. Sutton et al
December 30, 2008
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ORDER APPOINTING COUNSEL - Franklin E. Miner appointed as counsel as to defendant John Henry Sutton as ordered by Magistrate Judge David L. Piester. (SED)
December 31, 2008
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ORDER of Detention pending trial as to defendant John Henry Sutton as ordered by Magistrate Judge David L. Piester. (SED)
January 20, 2009
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ORDER regarding MOTION for Treatment Prescreening22 as to defendant John Henry Sutton. The pretrial services officer shall investigate the defendant's proposal for release conditions (filing no. 22) and make a report to the court and counsel as soon as practicable. Ordered by Judge Richard G. Kopf. (Copy to USA, PTS and defendants counsel)(JAB)
January 21, 2009
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ORDER APPOINTING COUNSEL - Attorney John Aman appointed as to defendant Melody Ann Winters. Ordered by Judge Richard G. Kopf. (GJG)(Copy to FPD)
January 21, 2009
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ORDER of Detention pending trial as to defendant Melody Ann Winters. Ordered by Judge Richard G. Kopf. (GJG)
February 27, 2009
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ORDER granting 39 Motion to Continue Trial as to Melody Ann Winters (4). Jury Trial continued to 5/4/2009 at 09:00 AM in Courtroom 1, Federal Building, 100 Centennial Mall North, Lincoln, NE before Judge Richard G. Kopf. The time between February 27, 2009 and May 4, 2009 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. (JAB)
March 3, 2009
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MEMORANDUM AND ORDER as to defendant John Henry Sutton. A hearing was held before me this date on allegations made in the petition for action on conditions of pretrial release, filing no. 43. I find that the allegations of the petition are true. Therefore, the previous order of release, filing no. 36, 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. (JAB)
May 26, 2009
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TENTATIVE FINDINGS OF FACT regarding Presentence Investigation Report as to defendant John Henry Sutton. 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 29, 2009
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ORDER as to John Henry Sutton. It is ordered that: (1) The government's motion to continue sentencing 62 is granted; (2) Sentencing is reset to 6/18/2009 12:00 PM in Courtroom 1, Federal Building, 100 Centennial Mall North, Lincoln, NE before Judge Richard G. Kopf. Ordered by Judge Richard G. Kopf. ( KLL, )
June 15, 2009
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ORDER granting 64 Defendant's Oral Motion as to Melody Ann Winters (4). Change of Plea Hearing continued to 6/30/2009 10:30 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. Ordered by Magistrate Judge David L. Piester. (JAB)
June 19, 2009
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JUDGMENT as to defendant John Henry Sutton (2). Defendant pleaded guilty to count I of the Indictment and is committed to the custody of the Bureau of Prisons for a term of 120 months; 5 years supervised release with special conditions; $100.00 special assessment. Ordered by Judge Richard G. Kopf. (4 Certified copies to USM)(JAB)
June 25, 2009
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ORDER APPOINTING COUNSEL - Joseph Gross is appointed as attorney of record as to defendant Julius Dion Sutton. Ordered by Judge Richard G. Kopf. (JAB)
June 25, 2009
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ORDER of Detention pending trial as to defendant Julius Dion Sutton. Ordered by Judge Richard G. Kopf. (JAB)
June 25, 2009
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ORDER APPOINTING COUNSEL - as to defendant John Douglas Sutton. Greg Damman is appointed as stand-by counsel for the above-named defendant. Ordered by Judge Richard G. Kopf. (JAB)
July 2, 2009
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ORDER of Detention pending trial as to defendant John Douglas Sutton. Ordered by Judge Richard G. Kopf. (CCB)
July 24, 2009
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MEMORANDUM AND ORDER granting 98 Motion to Continue Trial as to Julius Dion Sutton (3). The deadline for filing pretrial motions for Julius Dion Sutton and John Douglas Sutton is extended until the close of business on August 14, 2009. Trial of this case for Julius Dion Sutton and John Douglas Sutton is continued until October 26, 2009, at 09:00 AM in Courtroom 1, Federal Building, 100 Centennial Mall North, Lincoln, NE before Judge Richard G. Kopf. Since this is a criminal case, the defendants shall be present unless excused by the court. The time between today's date and the new trial date is excluded under the Speedy Trial Act and in the interest of justice. Ordered by Judge Richard G. Kopf. (Docketed as to all defendants pursuant to chambers.)(JAB)MEMORANDUM AND ORDER granting 98 Motion to Continue Trial as to Julius Dion Sutton (3). The deadline for filing pretrial motions for Julius Dion Sutton and John Douglas Sutton is extended until the close of business on August 14, 2009. Trial of this case for Julius Dion Sutton and John Douglas Sutton is continued until October 26, 2009, at 09:00 AM in Courtroom 1, Federal Building, 100 Centennial Mall North, Lincoln, NE before Judge Richard G. Kopf. Since this is a criminal case, the defendants shall be present unless excused by the court. The time between today's date and the new trial date is excluded under the Speedy Trial Act and in the interest of justice. Ordered by Judge Richard G. Kopf. (Docketed as to all defendants pursuant to chambers.)(JAB)MEMORANDUM AND ORDER granting 98 Motion to Continue Trial as to Julius Dion Sutton (3). The deadline for filing pretrial motions for Julius Dion Sutton and John Douglas Sutton is extended until the close of business on August 14, 2009. Trial of this case for Julius Dion Sutton and John Douglas Sutton is continued until October 26, 2009, at 09:00 AM in Courtroom 1, Federal Building, 100 Centennial Mall North, Lincoln, NE before Judge Richard G. Kopf. Since this is a criminal case, the defendants shall be present unless excused by the court. The time between today's date and the new trial date is excluded under the Speedy Trial Act and in the interest of justice. Ordered by Judge Richard G. Kopf. (Docketed as to all defendants pursuant to chambers.)(JAB)MEMORANDUM AND ORDER granting 98 Motion to Continue Trial as to Julius Dion Sutton (3). The deadline for filing pretrial motions for Julius Dion Sutton and John Douglas Sutton is extended until the close of business on August 14, 2009. Trial of this case for Julius Dion Sutton and John Douglas Sutton is continued until October 26, 2009, at 09:00 AM in Courtroom 1, Federal Building, 100 Centennial Mall North, Lincoln, NE before Judge Richard G. Kopf. Since this is a criminal case, the defendants shall be present unless excused by the court. The time between today's date and the new trial date is excluded under the Speedy Trial Act and in the interest of justice. Ordered by Judge Richard G. Kopf. (Docketed as to all defendants pursuant to chambers.)(JAB)
August 13, 2009
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ORDER denying 102 Motion for Release as to John Douglas Sutton (1). Ordered by Judge Richard G. Kopf. (JAB)
August 27, 2009
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ORDER granting 107 Motion to Appoint Counsel as to Julius Dion Sutton (3). Mr. Gross's motion to excuse court appointed counsel and appointment of new counsel (filing 107) is granted. The Federal Public Defender shall nominate a substitute. Ordered by Judge Richard G. Kopf. (Copy to Karen Burks)(JAB)
August 31, 2009
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ORDER as to defendants John Douglas Sutton, John Henry Sutton, Julius Dion Sutton, and Melody Ann Winters. Mark Weber is appointed to represent Julius Dion Sutton. The Federal Public Defender should issue the appropriate voucher to Mr. Weber. Mr. Weber should contact Mr. Gross to obtain background information and then contact Mr. Sutton. Because Mr. Weber may have a partial conflict with the trial date, my judicial assistant will schedule a telephone conference with all counsel of record for defendants who have not expressed a desire to plead guilty and the prosecutor so that trial scheduling may be further discussed. Ordered by Judge Richard G. Kopf. (JAB)ORDER as to defendants John Douglas Sutton, John Henry Sutton, Julius Dion Sutton, and Melody Ann Winters. Mark Weber is appointed to represent Julius Dion Sutton. The Federal Public Defender should issue the appropriate voucher to Mr. Weber. Mr. Weber should contact Mr. Gross to obtain background information and then contact Mr. Sutton. Because Mr. Weber may have a partial conflict with the trial date, my judicial assistant will schedule a telephone conference with all counsel of record for defendants who have not expressed a desire to plead guilty and the prosecutor so that trial scheduling may be further discussed. Ordered by Judge Richard G. Kopf. (JAB)ORDER as to defendants John Douglas Sutton, John Henry Sutton, Julius Dion Sutton, and Melody Ann Winters. Mark Weber is appointed to represent Julius Dion Sutton. The Federal Public Defender should issue the appropriate voucher to Mr. Weber. Mr. Weber should contact Mr. Gross to obtain background information and then contact Mr. Sutton. Because Mr. Weber may have a partial conflict with the trial date, my judicial assistant will schedule a telephone conference with all counsel of record for defendants who have not expressed a desire to plead guilty and the prosecutor so that trial scheduling may be further discussed. Ordered by Judge Richard G. Kopf. (JAB)ORDER as to defendants John Douglas Sutton, John Henry Sutton, Julius Dion Sutton, and Melody Ann Winters. Mark Weber is appointed to represent Julius Dion Sutton. The Federal Public Defender should issue the appropriate voucher to Mr. Weber. Mr. Weber should contact Mr. Gross to obtain background information and then contact Mr. Sutton. Because Mr. Weber may have a partial conflict with the trial date, my judicial assistant will schedule a telephone conference with all counsel of record for defendants who have not expressed a desire to plead guilty and the prosecutor so that trial scheduling may be further discussed. Ordered by Judge Richard G. Kopf. (JAB)
September 8, 2009
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TENTATIVE FINDINGS OF FACT regarding Presentence Investigation Report as to defendant Melody Ann Winters. 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 18, 2009
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JUDGMENT as to defendant Melody Ann Winters (4). 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 one hundred twenty (120) months, to run concurrent with sentence imposed in Lancaster County District Court, Case No. CR08-739; 5 years supervised release with special conditions; $100 special assesment. Ordered by Judge Richard G. Kopf. (4 Certified copies to USM)(JAB)
January 29, 2010
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TENTATIVE FINDINGS OF FACT regarding Presentence Investigation Report as to defendant Julius Dion Sutton. 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, )
January 29, 2010
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ORDER granting 154 Oral Motion as to John Douglas Sutton. Change of Plea Hearing set for 2/11/2010 beginning at 01:30 PM in Courtroom 2, Federal Building, 100 Centennial Mall North, Lincoln, NE before Magistrate Judge Cheryl R. Zwart as ordered by Magistrate Judge Cheryl R. Zwart. (SED)
February 5, 2010
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ORDER as to defendant Julius Dion Sutton. On the oral motion of defense counsel, and without objection by the government, IT IS ORDERED that Defendant Sutton's sentencing is continued to Tuesday, February 9, 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 11, 2010
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ORDER granting 164 Oral Motion as to John Douglas Sutton. Change of Plea Hearing set for 3/2/2010 beginning at 10:30 AM in Courtroom 2, Federal Building, 100 Centennial Mall North, Lincoln, NE before Magistrate Judge Cheryl R. Zwart as ordered by Magistrate Judge Cheryl R. Zwart. 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. (SED) Modified on 2/12/2010 to excludable language; regenerate NEF (SED).
May 7, 2010
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TENTATIVE FINDINGS OF FACT regarding Revised Presentence Investigation Report as to defendant John Douglas Sutton. 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, )
June 18, 2010
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ORDER as to John Henry Sutton. 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) 188 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, )
September 3, 2010
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ORDER as to defendant Melody Ann Winters. 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) 190 has been set before the undersigned United States district judge on Thursday, October 21, 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, )
November 15, 2010
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ORDER as to defendant John Henry Sutton. It is ordered that: (1)The government's request for hearing 197 is granted.(2)A hearing on the government's motion for reduction of sentence pursuant to Rule 35(b) 188 has been set before the undersigned United States district judge on Tuesday, December 21, 2010, at 1:00 p.m., in Courtroom No. 1, 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 Judge Richard G. Kopf. (KLL, )
July 13, 2012
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ORDER APPOINTING COUNSEL as to defendant John Henry Sutton. IT IS ORDERED that James E. Reisinger is appointed as attorney of record for the abovenamed defendant in this matter. Ordered by Magistrate Judge Cheryl R. Zwart. (TEL)
July 25, 2012
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ORDER granting 223 Motion to Withdraw as Attorney as to John Henry Sutton. Ordered by Magistrate Judge Cheryl R. Zwart. Defendants hearing remains set for July 26, 2012 at 4:30 p.m. before the undersigned magistrate judge in Courtroom 2, Robert V. Denney Federal Building, 100 Centennial Mall North, Lincoln, Nebraska.The defendant, his retained counsel, and counsel for the government shall appear at the hearing.( Zwart, Cheryl)
September 14, 2012
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MEMORANDUM AND ORDER - USPO Craig Ford shall file the Worksheet in the court file. The defendant is not entitled to relief under the Fair Sentencing Act. The Clerk shall mail a copy of this Memorandum and Order to Ms. Winters and provide notice to counsel. The Clerk shall also provide a copy of this Memorandum and Order to SUSPO Norton, SUSPO Nelson and USPO Ford as to defendant Melody Ann Winters. Ordered by Senior Judge Richard G. Kopf. (Copies mailed as directed) (AOA)
January 29, 2013
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ORDER APPOINTING COUNSEL as to defendant John Henry Sutton. 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)
January 29, 2013
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ORDER of Detention pending revocation as to defendant John Henry Sutton. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
January 31, 2013
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ORDER granting 248 Motion for Release as to John Henry Sutton. Ordered by Magistrate Judge Cheryl R. Zwart. (E-mailed to Marshal by CRZ)( Zwart, Cheryl)
February 14, 2013
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MEMORANDUM AND ORDER denying 251 Defendant's motion for release as to John Henry Sutton (2). Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
March 11, 2015
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MEMORANDUM AND ORDER as to defendant John Henry Sutton (2). IT IS ORDERED 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. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party and provided as directed)(GJG)
April 23, 2015
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ORDER as to defendant John Douglas Sutton. The defendant, John Douglas Sutton, is not entitled to a reduction of sentence under Amendment 782 because (1) he is subject to a mandatory minimum sentence of 120 months; and (2) under the Amendment, his sentence cannot be reduced below the statutory minimum sentence. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(GJG)
March 20, 2018
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ORDER - as to defendant Julius Dion Sutton. Treating the defendant's letter as a motion for free copies (filing no. 280), it is denied. The Clerk of Court shall send a copy of this order to the defendant at the defendant's last known address. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LKO)