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09-3005 - USA v. Lawless et al


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09-3005 - USA v. Lawless et al
March 10, 2009
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ORDER granting 18 Motion to Extend Time to File Pretrial Motions as to Aaron Lawless (1). The deadline for filing pretrial motions is extended to March 30, 2009. The time between March 10, 2009 and March 30, 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 10, 2009
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ORDER granting 17 Motion to Extend Time to File Pretrial Motions as to Richard Canfield (2). The deadline for filing pretrial motions is extended to March 30, 2009. The time between March 10, 2009 and March 30, 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 23, 2009
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ORDER granting 21 Motion to Continue Trial as to Aaron Lawless (1). Jury Trial as to both defendants continued to 5/26/2009 at 09:00 AM in Courtroom 1, Federal Building, 100 Centennial Mall North, Lincoln, NE before Judge Richard G. Kopf. The time between March 23, 2009 and May 26, 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)ORDER granting 21 Motion to Continue Trial as to Aaron Lawless (1). Jury Trial as to both defendants continued to 5/26/2009 at 09:00 AM in Courtroom 1, Federal Building, 100 Centennial Mall North, Lincoln, NE before Judge Richard G. Kopf. The time between March 23, 2009 and May 26, 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)
April 1, 2009
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ORDER granting 29 Motion to Extend as to Aaron Lawless (1). Plaintiff's motion for extension of deadline, filing no. 29, is granted and the deadline for plaintiff to file its brief in response to defendant's motion to suppress (filing no. 27) is extended to April 17, 2009. Ordered by Magistrate Judge David L. Piester. (JAB)
April 2, 2009
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ORDER regarding 32 Motion to Extend. IT IS ORDERED: Plaintiff's motion to extend deadline, filing no. 32, is granted and the deadline to file its brief in opposition to the pending motion to suppress is extended to April 17, 2009. The suppression hearing is continued from April 16 to May 20, 2009 at 1:30 p.m. Ordered by Magistrate Judge David L. Piester. (LKH)
April 7, 2009
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MEMORANDUM AND ORDER as to defendant Aaron Lawless. A hearing was held before me April 7, 2009 on allegations made in the petition for action on conditions of pretrial release. From the evidence I find the allegation that the defendant used marijuana on or about March 5, March 6, and March 16, 2009 not to be proved by clear and convincing evidence. However, I find that the allegation that the defendant made threats towards an investigating law enforcement officer to have been proved by clear and convincing evidence. Government sought detention. The previous order releasing the defendant on conditions, filing 14, is revoked. Defendant shall be detained until further order. Ordered by Magistrate Judge David L. Piester. (JAB)
April 21, 2009
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ORDER regarding 40 Motion to Modify Conditions of Release as to Aaron Lawless (1). IT IS ORDERED: Defendant's Motion to Modify Conditions of Detention/Pretrial Release, filing no. 40, is denied. Ordered by Magistrate Judge David L. Piester. (LKH)
May 18, 2009
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MEMORANDUM, ORDER AND RECOMMENDATION to the Honorable Richard G. Kopf, United States District Judge, that the motion to suppress, filing no. 27 and the amended motion to suppress, filing no. 49, be denied in all respects as to defendant Aaron Lawless. Counsel are given ten days from the date the transcript is available to counsel in which to file objections to this recommendation. The parties are notified that failure to object may be held to be a waiver of the right to appeal the district judge's adoption of the recommendation. Trial of this matter will be set at a later date. Ordered by Magistrate Judge David L. Piester. (Transcript requested expedited)(JAB)
June 3, 2009
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REPORT AND RECOMMENDATION to the Hon. Richard G. Kopf, United States District Judge, pursuant to 28 U.S.C. §636(b)(1)(B) that the defendant's motion to suppress, Filing No. 26, be denied. The parties are notified that failure to object to this recommendation as provided in the local rules may result in a waiver of the right to appeal the district judges adoption of findings in the recommendation. Ordered by Magistrate Judge David L. Piester. (LKH)
June 3, 2009
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ORDER regarding motions as to defendant Aaron Lawless. IT IS ORDERED: Defendant's motion to amend suppression motion, filing no. 48; defendant's motion to amend brief, filing no. 54; and defendant's motion to amend brief, filing no. 55, are all denied as moot. Ordered by Magistrate Judge David L. Piester. (LKH)
June 10, 2009
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ORDER as to Aaron Lawless and Richard Canfield. It is ordered that: (1)Defendant Lawless' motion to continue trial 74 is granted.(2)Trial of this case as to Defendants Lawless and Canfield is continued to August 31, 2009, before the undersigned United States district judge. Since this is a criminal case, the defendant shall be present unless excused by the court.(3)The time between today's date and the new trial date is excluded under the Speedy Trial Act and in the interest of justice. See 18 U.S.C. sec. 3161. Ordered by Judge Richard G. Kopf. ( KLL, )ORDER as to Aaron Lawless and Richard Canfield. It is ordered that: (1)Defendant Lawless' motion to continue trial 74 is granted.(2)Trial of this case as to Defendants Lawless and Canfield is continued to August 31, 2009, before the undersigned United States district judge. Since this is a criminal case, the defendant shall be present unless excused by the court.(3)The time between today's date and the new trial date is excluded under the Speedy Trial Act and in the interest of justice. See 18 U.S.C. sec. 3161. Ordered by Judge Richard G. Kopf. ( KLL, )
June 22, 2009
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ORDER regarding 81 Motion to Extend. This matter is before the court on Defendant Richard Canfield's motion for extension of time to file objections to the report and recommendation filed herein on June 3, 2009 (filing 81). The motion shall be granted. IT IS ORDERED that Defendant Richard Canfield shall file his objections, if any, to Judge Piester's report and recommendation (filing 69) on or before July 1, 2009. Ordered by Judge Richard G. Kopf. (LKH)ORDER regarding 81 Motion to Extend. This matter is before the court on Defendant Richard Canfield's motion for extension of time to file objections to the report and recommendation filed herein on June 3, 2009 (filing 81). The motion shall be granted. IT IS ORDERED that Defendant Richard Canfield shall file his objections, if any, to Judge Piester's report and recommendation (filing 69) on or before July 1, 2009. Ordered by Judge Richard G. Kopf. (LKH)
June 22, 2009
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ORDER regarding 82 Motion to Restrict pursuant to the E-Government Act as to Aaron Lawless (1). IT IS ORDERED: 1) Defendant's Motion to File Document Under Restriction, (filing no. 82), is granted. 2) Defendants motion to modify conditions of release, (filing no. 83), shall remain filed as a restricted access document. Ordered by Judge Richard G. Kopf. (LKH)
June 22, 2009
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MEMORANDUM AND ORDER regarding 83 Motion as to Aaron Lawless (1). A grand jury has found probable cause to believe the defendant was involved with weapons (such as machine guns) and drugs. Furthermore, it has been proven that the defendant threatened a law enforcement officer after the defendant was initially placed on pretrial release. (See filing 39.) With those things in mind, defense counsel's release plan proposing admission of the defendant to a non-secure hospital program involves too much risk to the public generally and police officers in particular. Accordingly, IT IS ORDERED that the defendants motion for release (filing 83) is denied. Ordered by Judge Richard G. Kopf. (LKH)
June 23, 2009
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MEMORANDUM AND ORDER as to defendant Aaron Lawless (1). This matter is before the court on the Magistrate Judge's Recommendation (filing 60) that Defendant Aaron Lawless' motion to suppress (filing 27) and amended motion to suppress (filing 49) be denied. No objections to the Recommendation have been filed, as allowed by 28 U.S.C. § 636(b)(1)(C) and NECrimR 57.1(c) and 57.3. I have reviewed the Magistrate Judge's Recommendation pursuant to 28 U.S.C. § 636(b)(1) and I find after de novo review that the Recommendation should be adopted. IT IS ORDERED: 1. The Magistrate Judge's Recommendation (filing 60) is adopted; and 2. Defendant Aaron Lawless' motion to suppress (filing 27) and amended motion to suppress (filing 49) are denied. Ordered by Judge Richard G. Kopf. (LKH)MEMORANDUM AND ORDER as to defendant Aaron Lawless (1). This matter is before the court on the Magistrate Judge's Recommendation (filing 60) that Defendant Aaron Lawless' motion to suppress (filing 27) and amended motion to suppress (filing 49) be denied. No objections to the Recommendation have been filed, as allowed by 28 U.S.C. § 636(b)(1)(C) and NECrimR 57.1(c) and 57.3. I have reviewed the Magistrate Judge's Recommendation pursuant to 28 U.S.C. § 636(b)(1) and I find after de novo review that the Recommendation should be adopted. IT IS ORDERED: 1. The Magistrate Judge's Recommendation (filing 60) is adopted; and 2. Defendant Aaron Lawless' motion to suppress (filing 27) and amended motion to suppress (filing 49) are denied. Ordered by Judge Richard G. Kopf. (LKH)
July 16, 2009
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MEMORANDUM AND ORDER regarding 26 Motion to Suppress as to Richard Canfield (2). The Magistrate Judge's Recommendation (filing 69) is adopted. Defendant Richard Canfield's objections to the Recommendation (filing 89) are denied. Defendant Richard Canfield's motion to suppress (filing 26) is denied. Ordered by Judge Richard G. Kopf. (JAB)
September 28, 2009
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ORDER as to defendant Richard Canfield. ***Change of Plea Hearing reset to 11/13/2009 09:00 AM in Courtroom 1, Federal Building, 100 Centennial Mall North, Lincoln, NE before Judge Richard G. Kopf. Speedy Trial Act time excluded. Canceled 10/23/2009 plea hearing date. Ordered by Judge Richard G. Kopf. (KLL, )
November 6, 2009
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ORDER granting 113 Defendant's Motion to Seal as to Aaron Lawless (1). Ordered by Judge Richard G. Kopf. (JAB)
November 10, 2009
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TENTATIVE FINDINGS OF FACT regarding Revised Presentence Investigation Report and Addendum, as to defendant Aaron Lawless. It is ordered that:... (2)The defendant's motion for departure or variance due to diminished mental capacity 116 will be resolved at sentencing.(3)The government's motion for disclosure of documents 110 is granted. The Probation Office shall supply the requested documents.(4)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 16, 2009
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ORDER as to Aaron Lawless. It is ordered that: (1)The defendant's unopposed motion to continue sentencing 122 is granted.(2) Defendant Lawless' sentencing is continued to Friday, December 11, 2009, at 1:30 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, )
December 11, 2009
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ORDER directing counsel to withdraw exhibits as to defendant Aaron Lawless previously submitted in this matter within 14 calendar days. If counsel fail to withdraw exhibits, counsel will be ordered to show cause why sanctions should not be imposed. Ordered by Judge Richard G. Kopf. (CCB)
January 4, 2010
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PRELIMINARY ORDER OF FORFEITURE sustaining 142 United State's Motion for Preliminary Forfeiture as to Aaron Lawless (1)and Richard Canfield (2). Based upon Count VI of the Superceding Indictment and the Defendants' pleas of guilty, the United States is hereby authorized to seize the items as set out in this order. 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)( GJG)PRELIMINARY ORDER OF FORFEITURE sustaining 142 United State's Motion for Preliminary Forfeiture as to Aaron Lawless (1)and Richard Canfield (2). Based upon Count VI of the Superceding Indictment and the Defendants' pleas of guilty, the United States is hereby authorized to seize the items as set out in this order. 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)( GJG)
January 28, 2010
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ORDER as to defendant Richard Canfield. On the joint oral motion of counsel, IT IS ORDERED that Defendant Canfield's sentencing is continued to Friday, February 26, 2010, at 1:00 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, )
February 2, 2010
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TENTATIVE FINDINGS OF FACT regarding Revised Presentence Investigation Report as to defendant Richard Canfield. It is ordered that:... (2)The government's objection 147 to the presentence investigation report 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 8, 2010
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FINAL ORDER OF FORFEITURE - The Plaintiff's Motion for Final Order of Forfeiture 161 is hereby sustained. All right, title and interest in and to the the AK-type 7.62 x 39 mm caliber machine gun, bearing number on receiver of MR1904 but no apparent serial number, with a barrel length of approximately 10 3/4 inches; the AK-type 5.45 x 39 mm caliber machine gun, with no apparent serial number, with a barrel length of approximately 10 5/8 inches; the Walther.22 caliber rifle with serial number PW003618; the Ruger.22 caliber rifle with serial number 259-06799; the Benelli 12 gauge shotgun with serial number 2441099; the Norinco SKS type rifle, 7.62 caliber with serial number 2300479A; the Walter.22 caliber pistol with serial number N043336; the Advance Armament silencerwith serial numberWK0061; the Advance Armament silencer with serial number B0020; the SWR Trident 9 mm silencer with serial number T9-0462; the CCF Race Frames 9 mm pistol frame with serial number CCF001409; and the AR 15 lower receiver with serial number 20638, held by any person or entity, is hereby forever barred and foreclosed. The the AK-type 7.62 x 39 mm caliber machine gun, bearing number on receiver of MR1904 but no apparent serial number, with a barrel length of approximately10 3/4 inches; the AKtype 5.45 x 39 mm caliber machine gun, with no apparent serial number, with a barrel length of approximately 10 5/8 inches; the Walther.22 caliber rifle with serial number PW003618; the Ruger.22 caliber rifle with serial number 259-06799; the Benelli 12 gauge shotgun with serial number 2441099; the Norinco SKS type rifle, 7.62 caliber with serial number 2300479A; the Walter.22 caliber pistol with serial number N043336; the Advance Armament silencer with serial number WK0061; the Advance Armament silencer with serial number B0020; the SWR Trident 9 mm silencer with serial number T9-0462; the CCF Race Frames 9 mm pistol frame with serial number CCF001409; and the AR 15 lower receiver with serial number 20638, be, and the same hereby are, forfeited to the United States of America. The United States Bureau of Alcohol, Tobacco, Firearms and Explosives for the District of Nebraska is directed to dispose of said properties in accordance with law as to defendants Aaron Lawless and Richard Canfield. Ordered by Judge Richard G. Kopf. (1 Certified copy to USM)(KBJ)FINAL ORDER OF FORFEITURE - The Plaintiff's Motion for Final Order of Forfeiture 161 is hereby sustained. All right, title and interest in and to the the AK-type 7.62 x 39 mm caliber machine gun, bearing number on receiver of MR1904 but no apparent serial number, with a barrel length of approximately 10 3/4 inches; the AK-type 5.45 x 39 mm caliber machine gun, with no apparent serial number, with a barrel length of approximately 10 5/8 inches; the Walther.22 caliber rifle with serial number PW003618; the Ruger.22 caliber rifle with serial number 259-06799; the Benelli 12 gauge shotgun with serial number 2441099; the Norinco SKS type rifle, 7.62 caliber with serial number 2300479A; the Walter.22 caliber pistol with serial number N043336; the Advance Armament silencerwith serial numberWK0061; the Advance Armament silencer with serial number B0020; the SWR Trident 9 mm silencer with serial number T9-0462; the CCF Race Frames 9 mm pistol frame with serial number CCF001409; and the AR 15 lower receiver with serial number 20638, held by any person or entity, is hereby forever barred and foreclosed. The the AK-type 7.62 x 39 mm caliber machine gun, bearing number on receiver of MR1904 but no apparent serial number, with a barrel length of approximately10 3/4 inches; the AKtype 5.45 x 39 mm caliber machine gun, with no apparent serial number, with a barrel length of approximately 10 5/8 inches; the Walther.22 caliber rifle with serial number PW003618; the Ruger.22 caliber rifle with serial number 259-06799; the Benelli 12 gauge shotgun with serial number 2441099; the Norinco SKS type rifle, 7.62 caliber with serial number 2300479A; the Walter.22 caliber pistol with serial number N043336; the Advance Armament silencer with serial number WK0061; the Advance Armament silencer with serial number B0020; the SWR Trident 9 mm silencer with serial number T9-0462; the CCF Race Frames 9 mm pistol frame with serial number CCF001409; and the AR 15 lower receiver with serial number 20638, be, and the same hereby are, forfeited to the United States of America. The United States Bureau of Alcohol, Tobacco, Firearms and Explosives for the District of Nebraska is directed to dispose of said properties in accordance with law as to defendants Aaron Lawless and Richard Canfield. Ordered by Judge Richard G. Kopf. (1 Certified copy to USM)(KBJ)