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09-3070 - USA v. Hochreiter


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09-3070 - USA v. Hochreiter
June 29, 2009
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MEMORANDUM AND ORDER - granting 17 Motion to Withdraw as Attorney filed by J. Bruce Teichman as to Daniel Alan Hochreiter. Ordered by Judge Richard G. Kopf. (GJG)
September 9, 2009
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ORDER as to Daniel Alan Hochreiter. It is ordered that: (1) The defendant's motion for continuance 26 is granted; (2) The defendant's Change of Plea Hearing is rescheduled to 11/10/2009 12:30 PM in Courtroom 1, Federal Building, 100 Centennial Mall North, Lincoln, NE before Judge Richard G. Kopf. (3) Speedy Trial Act time is excluded between 9/9/2009 - 11/10/2009. Ordered by Judge Richard G. Kopf. ( KLL, )
February 11, 2010
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TENTATIVE FINDINGS OF FACT regarding Presentence Investigation Report as to defendant Daniel Alan Hochreiter. It is ordered that:... (2)Because the defendant possessed one ounce or less of marijuana (an infraction under Nebraska law), he stands in criminal history category II and is thus ineligible for the safety-valve. The Court of Appeals for the Eighth Circuit has long held that convictions for marijuana possession that are described as infractions under Nebraska law nevertheless count for criminal history purposes when applying the federal law of sentencing. See United States v. Jenkins, 989 F.2d 979 (8th Cir. 1993). Therefore, the objection to criminal history, and related objection to the lack of a safety-valve adjustment, are denied.(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, )