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09-3006 - USA v. Rueb


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09-3006 - USA v. Rueb
February 9, 2009
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ORDER APPOINTING COUNSEL - John C. Vanderslice appointed as counsel as to defendant Matthew Rueb as ordered by Magistrate Judge David L. Piester. (SED)
March 9, 2009
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ORDER granting 16 Motion to Continue Deadline for Filing Pretrial Motions as to Matthew Rueb (1). The defendant shall file any pretrial motions in the above captioned matter no later than Monday, March 23, 2009. The time from March 9, 2009, until March 23, 2009, shall be excluded from any speedy trial calculation. Ordered by Magistrate Judge David L. Piester. (JAB)
March 20, 2009
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MEMORANDUM AND ORDER as to defendant Matthew Rueb. The defendant's motion to remove conditions of release, (filing no. 6), is granted. The Order Setting Conditions of Release, (filing no. 13), is hereby amended. The condition of release imposing a curfew with electronic monitoring, (filing no. 13, 7(i)), is removed. Ordered by Magistrate Judge David L. Piester. (LKH)
March 20, 2009
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ORDER as to defendant Matthew Rueb. The court has been advised that the government intends to appeal the order of this date amending conditions of release. Therefore, on the court's own motion, IT IS ORDERED: The order amending conditions of release, filing no. 19, is hereby stayed pending outcome of the appeal. Ordered by Magistrate Judge David L. Piester. (LKH)
March 31, 2009
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MEMORANDUM AND ORDER as to defendant Matthew Rueb. The government has appealed Magistrate Judge Piester's ruling that the electronic monitoring and curfew provisions of the Adam Walsh Amendments of the Bail Reform Act are facially unconstitutional. While Judge Piester's decision is well researched and well reasoned as is his custom, I am loath to declare an Act of Congress facially unconstitutional if I can avoid such a ruling. IT IS ORDERED that: Each of these cases is remanded to Magistrate Judge Piester for the limited purpose of holding an evidentiary hearing and the issuance of a supplemental memorandum and order. Judge Piester shall afford the government and each defendant the opportunity to present evidence regarding the propriety of imposing electronic monitoring and a curfew (consistent with the Adam Walsh Amendments) for a particular defendant. After Judge Piester takes such evidence, he should make a ruling and issue a decision explaining his ruling. Following Judge Piesters decision, each of the parties shall have ten (10) days to submit supplemental briefs. After that, the undersigned will consider the pending appeals. Ordered by Judge Richard G. Kopf. (LKH)
May 15, 2009
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ORDER - The joint oral motion of counsel filing 30 is granted, and the Change of Plea Hearing is set for 6/18/2009 01:30 PM 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. The defendant shall be present at the hearing as to Matthew Rueb. Ordered by Magistrate Judge David L. Piester. (GJG)
May 29, 2009
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SUPPLEMENTAL MEMORANDUM as to defendant Matthew Rueb. I adhere to my conclusion in Filing No. 19 that the amendments facially violate the defendant's constitutional right to due process of law. Consideration of the actual evidence before the court on the supplemental hearing demonstrates the application of that conclusion as applied to this defendant. The evidence shows he is clearly eligible for release on less restrictive conditions, but the amendments preclude the consideration of such evidence. Therefore, I further conclude that as applied to this defendant, the amendments violate his constitutional right to due process of law. Ordered by Magistrate Judge David L. Piester. (GJG, )
June 2, 2009
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ORDER as to defendant Matthew Rueb. It is ordered that: (1) Counsel for each party shall submit a brief to me on the issues discussed in this order and any other relevant issues no later than the close of business on Monday, June 15, 2009. 2.My chambers shall call these cases to my attention on June 16, 2009. 3.My chambers shall provide Judge Piester with a copy of this memorandum and order. (Done) Ordered by Judge Richard G. Kopf. (KLL, )
June 16, 2009
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MEMORANDUM AND ORDER sustaining 21 Appeal from Magistrate Judge Order as to Matthew Rueb (1). The Walsh Act Amendments to the Bail Reform Act are not unconstitutional and Judge Piester's rulings to the contrary (filings 19 and 32) are set aside. The order setting conditions of release (filings 13) is amended as stated. Ordered by Judge Richard G. Kopf. (Copies provided as directed)(JAB)
August 11, 2009
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ORDER granting 45 Motion to Restrict pursuant to the E-Government Act as to Matthew Rueb (1). Ordered by Judge Richard G. Kopf. (JAB)
August 11, 2009
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ORDER granting defendant's Unopposed Motion to Continue Plea Hearing, filing46. Change of Plea Hearing continued to 8/25/2009 04:30 PM in Courtroom 1, Federal Building, 100 Centennial Mall North, Lincoln, NE before Judge Richard G. Kopf. The defendant is ordered to appear at said time. The time from today's date until the date next set shall be excludable time pursuant to the speedy trial calculations. Ordered by Judge Richard G. Kopf. (JAB)
August 13, 2009
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MEMORANDUM AND ORDER - On the oral motion of the plaintiff, and without objection by the defendant, the hearing on the defendant's anticipated plea of guilty is rescheduled before the undersigned United States district judge to the 18th day of September, 2009, at the hour of 11:00 a.m., in Courtroom No. 1, United States Courthouse and Federal Building, 100 Centennial Mall, North, Lincoln, Nebraska. The time between today's date and the hearing on the anticipated plea of guilty is excluded for purposes of computing the limits under the Speedy Trial Act as to defendant Matthew Rueb. Ordered by Judge Richard G. Kopf. (GJG)
September 16, 2009
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ORDER as to Matthew Rueb. It is ordered that: (1) The defendant's unopposed motion to continue plea hearing 50 is granted; (2) The defendant's change of plea is rescheduled to 10/29/2009 08:30 AM in Courtroom 1, Federal Building, 100 Centennial Mall North, Lincoln, NE before Judge Richard G. Kopf; (3) Speedy Trial Act time excluded. Ordered by Judge Richard G. Kopf. ( KLL, )
October 28, 2009
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ORDER as to Matthew Rueb. It is ordered that: (1) The defendant's unopposed motion to continue plea hearing date 53 is granted; (2) The defendant's Change of Plea Hearing is rescheduled to 12/2/2009 08:30 AM in Courtroom 1, Federal Building, 100 Centennial Mall North, Lincoln, NE before Judge Richard G. Kopf; (3) The Speedy Trial Act time is excluded. Ordered by Judge Richard G. Kopf. ( KLL, )
December 1, 2009
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ORDER as to Matthew Rueb. It is ordered that: (1) The defendant's unopposed motion to continue plea hearing date 56 is granted; (2) The defendant's Change of Plea Hearing is rescheduled to 1/5/2010 08:30 AM in Courtroom 1, Federal Building, 100 Centennial Mall North, Lincoln, NE before Judge Richard G. Kopf; (3) The Speedy Trial Act time is excluded. Ordered by Judge Richard G. Kopf. ( KLL, )
January 8, 2010
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PRELIMINARY ORDER OF FORFEITURE sustaining 63 Motion as to Matthew Rueb (1). Based upon Count III of the Indictment and the plea of guilty, the United States is hereby authorized to seize the Gateway Desktop Computer, Model GT5422E, Serial No. XCX7121004325, and the Apple Ipod Nano, 4GB, Serial No. 7L821TOXYOP. The Defendant's interest in said properties is hereby forfeited to the United States for disposition in accordance with the law. Upon adjudication of all third-party interests, this Court will enter a Final Order of Forfeiture pursuant to 18 U.S.C., § 2253, in which all interests will be addressed. Ordered by Judge Richard G. Kopf. (1 Certified copy to USM)(JAB)
March 8, 2010
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ORDER as to Matthew Rueb. It is ordered that the defendant's unopposed motion to continue the deadline for filing a variance motion and supporting brief 70 is granted. The variance motion and brief are due no later than 3/12/2010. Ordered by Judge Richard G. Kopf. ( KLL, )
March 15, 2010
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TENTATIVE FINDINGS OF FACT regarding Presentence Investigation Report as to defendant Matthew Rueb. It is ordered that:... (2)The defendants anticipated 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 6, 2010
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ORDER granting 82 Plaintiff's Motion to Dismiss CountI of the Indictment as to Matthew Rueb (1). Ordered by Judge Richard G. Kopf. (MKR)
April 8, 2010
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FINAL ORDER OF FORFEITURE - The Plaintiff's Motion 86 for Final Order of Forfeiture is hereby sustained. All right, title and interest in and to the Gateway Desktop Computer, Model GT5422E, Serial Number XC X7121004325, and an Apple Ipod Nano, 4 GB Serial Number 7L821TOXYOP, held by any person or entity, is hereby forever barred and foreclosed. The said property is forfeited to the United States of America. The United States Marshal for the District of Nebraska is directed to dispose of said properties in accordance with law as to Matthew Rueb. Ordered by Judge Richard G. Kopf. (1 Certified copy to USM)(JAE)
March 18, 2015
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ORDER APPOINTING COUNSEL - The Federal Public Defender for the District of Nebraska is appointed to represent the defendant in this matter as to defendant Matthew Rueb. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
March 20, 2015
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ORDER - The defendant is released subject to the following: The defendant shall appear at his revocation hearing scheduled for July 14, 2015 at 1:00 p.m. in Courtroom 2, Federal Building, 100 Centennial Mall North, Lincoln, NE before Judge Richard G. Kopf. The defendant shall comply with all terms and conditions of supervised release which were imposed at sentencing with the additional condition set forth within the order. The probation officer assigned to this matter shall assist counsel with the preparation of the necessary paper work. This order does not moot the pending petition for an offender under supervision as to defendant Matthew Rueb. Ordered by Senior Judge Richard G. Kopf. (MKR)
March 25, 2015
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ORDER- The United States Marshal shall release the defendant to the Federal Public Defender or one of its staff members for transport to Bristol Station in Hastings, Nebraska, on March 26, 2015, the pickup time and location to be arranged between defendants attorney and the United States Marshals Service. The defendant shall comply with all terms and conditions of supervised release which were imposed at sentencing with the additional condition set forth within the order dated March 20, 2015 (filing 99) as to defendant Matthew Rueb. Ordered by Senior Judge Richard G. Kopf. (1 Certified copy to USM) (MKR)
May 5, 2015
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ORDER of Detention pending revocation as to defendant Matthew Rueb. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
September 14, 2016
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ORDER of Detention as to defendant Matthew Rueb. Ordered by Senior Judge Richard G. Kopf. (CS)
September 14, 2016
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ORDER APPOINTING COUNSEL - The Federal Public Defender for the District of Nebraska is appointed to represent the defendant in this matter as to defendant Matthew Rueb. Ordered by Senior Judge Richard G. Kopf. (JAB)
October 4, 2016
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MEMORANDUM AND ORDER 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. Upon such designation, the defendant, who is in custody, shall be transported to the place designated by the Bureau of Prisons by the U.S. Marshal. The defendant shall remain at the medical center until released to the U.S. Marshal for return to Nebraska. Pursuant to 18 U.S.C. §4244(b) (and such other portions of Chapter 313 as may be appropriate), the Bureau of Prisons shall evaluate the defendant and advise me in writing regarding the following matters: (a) the present mental status of the defendant; (b) whether the defendant requires mental health medications and if so the appropriate mental health medications. Unless extended by a subsequent order, the evaluation shall be submitted to the court and counsel within 60 days of the defendant being delivered to the medical center. The defendants counsel shall promptly provide the probation officer with copies of any evaluations or medical records counsel has in her possession. The probation officer assigned to this case (Sandra Otto) is requested to facilitate the implementation of this order and coordinate this case with the Bureau of Prisons. The probation officer shall provide the medical center with all materials the officer believes will assist the medical center in conducting the evaluation. My chambers shall provide a copy of this memorandum and order to the probation officer and the United States Marshals Service. My chambers will calendar this matter for internal review no later than 90 days from this date. Upon receipt of the written report from the Bureau of Prison, I further progress this matter as appropriate as to defendant Matthew Rueb. Ordered by Senior Judge Richard G. Kopf. (LAC) Modified on 10/5/2016 to reflect 1 certified copy to USM. (JAB)
February 2, 2017
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ORDER that the Clerk shall file the attached mental health evaluation as a restricted document. Counsel shall contact my judicial assistant to schedule a hearing regarding Mr. Rueb. My chambers shall provide the Probation Officer with a copy of the mental health evaluation as to defendant Matthew Rueb. Ordered by Senior Judge Richard G. Kopf. (Copies mailed as directed) (LAC)
March 8, 2017
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ORDER that the unopposed motion to review detention (filing no. 152) is granted. The Clerk of Court shall provide a copy of this order to the United States Marshal's Service as to defendant Matthew Rueb. Ordered by Senior Judge Richard G. Kopf. (Copies mailed as directed) (LAC)
July 18, 2017
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JUDGMENT for Revocation of Supervised Release as to defendant Matthew Rueb. Defendant admitted guilt to allegation 4 of the amended petition for offender under supervision 142 and is sentenced to the custody of the Bureau of Prisons for a term of 18 months followed by 5 years supervised release with special conditions. The remaining allegations of the amended petition 142, the second amended petition 156, and the petition 130 are dismissed on the motion of the United States. Defendant remanded to the custody of the United States Marshal. Ordered by Senior Judge Richard G. Kopf. (1 Certified copy to USM) (CS)