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09-3007 - USA v. Ross


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09-3007 - USA v. Ross
February 3, 2009
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ORDER APPOINTING COUNSEL - Attorney Robert B. Creager appointed as to defendant Thomas Dewayne Ross. Ordered by Magistrate Judge David L. Piester. (GJG)
February 3, 2009
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ORDER of Detention pending trial as to defendant Thomas Dewayne Ross. Ordered by Magistrate Judge David L. Piester. (GJG)
March 27, 2009
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ORDER granting 16 Defendant's Motion to Continue Trial as to Thomas Dewayne Ross (1). Jury Trial continued to 4/27/2009 at 09:00 AM in Courtroom 1, Federal Building, 100 Centennial Mall North, Lincoln, NE before Judge Richard G. Kopf. The time between March 27, 2009 and April 27, 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 23, 2009
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ORDER granting 22 Motion to Continue Trial as to Thomas Dewayne Ross (1). Jury Trial continued to 6/29/2009 at 09:00 AM in Courtroom 1, Federal Building, 100 Centennial Mall North, Lincoln, NE before Judge Richard G. Kopf. Ordered by Magistrate Judge David L. Piester. (JAB)
June 25, 2009
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MEMORANDUM AND ORDER granting 29 Motion to Continue Trial as to Thomas Dewayne Ross (1). Jury Trial continued to 8/17/2009 at 09:00 AM in Courtroom 1, Federal Building, 100 Centennial Mall North, Lincoln, NE before Judge Richard G. Kopf. The time between today's date and August 17, 2009 shall be excluded for speedy trial calculation purposes. Ordered by Judge Richard G. Kopf. (JAB)
November 24, 2009
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TENTATIVE FINDINGS OF FACT regarding Presentence Investigation Report as to defendant Thomas Dewayne Ross. The career offender objection set forth in the addendum will be resolved at sentencing. 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. If any party wishes to challenge these tentative findings, said party shall, as soon as possible, but in any event at least five (5) business days before sentencing, file in the court file and serve upon opposing counsel and the court a motion challenging these tentative findings. Unless otherwise ordered, any motion challenging these tentative findings shall be resolved at sentencing. Ordered by Judge Richard G. Kopf. (GJG)
December 14, 2009
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ORDER permitting defendant to proceed on appeal in forma pauperis regarding Notice of Appeal to USCA47 as to defendant Thomas Dewayne Ross. Ordered by Judge Richard G. Kopf. (GJG)
June 24, 2010
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ORDER that the Clerk shall file the report and restrict access to counsel of record in this case and the defendant. The Clerk shall provide counsel of record and the defendant with a copy of the report and this Memorandum and Order. The undersigned will take no further action as to defendant Thomas Dewayne Ross. Ordered by Judge Richard G. Kopf. (Copies mailed as directed)(ADB, )
November 29, 2010
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ORDER as to Thomas Dewayne Ross. 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) 70 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 undersigneds judicial assistant will provide a copy to the Federal Public Defender. Ordered by Judge Richard G. Kopf. ( KLL, )
February 2, 2011
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ORDER as to defendant Thomas Dewayne Ross. It is ordered that: (1)The government's request for hearing 72 is granted.(2)A hearing on the government's motion for reduction of sentence pursuant to Rule 35(b) 70 has been set before the undersigned United States district judge on Tuesday, March 1, 2011, 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, )
March 17, 2011
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ORDER permitting the defendant to proceed on appeal in forma pauperis as to defendant Thomas Dewayne Ross. Ordered by Judge Richard G. Kopf. (KBJ)
January 4, 2012
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ORDER - The motion to reduce sentence under 2011 crack cocaine guideline amendment (filing no. 101) as to defendant Thomas Dewayne Ross will be held in abeyance. The Clerk and my chambers shall call this matter to my attention once the appeal is resolved. A copy of this Order shall be mailed to the defendant; David Stickman, the Federal Public Defender; and the prosecutor in this case. Ordered by Senior Judge Richard G. Kopf. (Copies mailed as directed) (AOA)
July 1, 2015
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ORDER as to Thomas Dewayne Ross. A sentence reduction under Amendment 782 (filing 112) is denied. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(GJG)
July 13, 2015
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ORDER permitting defendant to proceed on appeal in forma pauperis as to defendant Thomas Dewayne Ross. Ordered by Senior Judge Richard G. Kopf. (GJG)
October 21, 2015
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ORDER that the Clerk of Court shall file the attached document as a "Johnson" § 2255 motion. Pursuant to General Order No. 2015-03, the Federal Public Defender is here with appointed to represent the defendant. The Clerk of Court shall provide a copy of the defendant's motion and this order to the Federal Public Defender, the prosecutor in this case, and Supervising United States Probation Officer Kelly Nelson as to defendant Thomas Dewayne Ross. Ordered by Senior Judge Richard G. Kopf. (Copies mailed as directed) (LAC)
May 31, 2016
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ORDER that the plaintiff shall file its answer on or before June 30, 2016. The parties shall file joint and simultaneous briefs no later than July 15, 2016. The parties shall file joint and simultaneous reply briefs addressing the initial briefs no later than August 1, 2016 as to defendant Thomas Dewayne Ross. Ordered by Senior Judge Richard G. Kopf. (JSF)
June 28, 2016
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ORDER as to defendant Thomas Dewayne Ross. This case is held in abeyance until further order of this court. The previous briefing order is rescinded. Counsel shall promptly advise me when the United States Court of Appeals for the Eighth Circuit or the United States Supreme Court decides one way or the other whether the Johnson decision applies to a case (i) where the underlying criminal action was final before Johnson was decided and (ii) that involves a challenge to the "residual clause" of U.S.S.G. § 4B1.2(a)(2) based upon Johnson. Ordered by Senior Judge Richard G. Kopf. (GJG)
March 16, 2017
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ORDER - The Clerk of Court shall file the defendant's letter 133 as a miscellaneous document. The Clerk of Court shall provide Assistant Federal Public Defender John C. Vanderslice with a copy of the defendant's letter as to defendant Thomas Dewayne Ross. Ordered by Senior Judge Richard G. Kopf. (Copies mailed to defendant) (KLF)
March 23, 2017
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ORDER that the defendant's motion to dismiss (filing no. 135) is granted and the defendant's motions to vacate under 28 U.S.C. § 2255 (filing nos. 125 and 129) are dismissed without prejudice as to defendant Thomas Dewayne Ross. Ordered by Senior Judge Richard G. Kopf. (LAC)