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09-3112 - USA v. Avalos Banderas


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09-3112 - USA v. Avalos Banderas
November 3, 2009
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ORDER APPOINTING COUNSEL - John F. Aman appointed as counsel as to defendant Jose Manuel Avalos Banderas as ordered by Judge Richard G. Kopf. (SED)
November 3, 2009
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ORDER of Detention pending trial as to defendant Jose Manuel Avalos Banderas as ordered by Judge Richard G. Kopf. (SED)
February 9, 2010
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MEMORANDUM AND ORDER - Due to a medical issue, defendant's appointed counsel, John Aman, cannot represent the defendant at this time. The Federal Public Defender shall forthwith provide the court with a draft appointment order (CJA Form 20) bearing the name and other identifying information of a CJA Panel attorney identified to represent the defendant herein in accordance with the Criminal Justice Act Plan for this district. Upon appointment, new defense counsel shall promptly enter his or her appearance, and shall promptly forward a copy of this memorandum and order to the defendant. Attorney John F. Aman terminated as to defendant Jose Manuel Avalos Banderas. Ordered by Magistrate Judge Cheryl R. Zwart. (GJG)(Copy to FPD)
March 12, 2010
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ORDER as to defendant Jose Manuel Avalos Banderas. Counsel John Aman is reinstated as counsel of record for the defendant. Defense counsel shall confer and determine who will act as lead counsel in the case, and shall file a notice with the court stating who will be lead counsel. Lead counsel shall apprise co-counsel of any case developments until the completion of the case, or until co-counsel has withdrawn from the case with leave of court. Ordered by Magistrate Judge Cheryl R. Zwart. (GJG)
March 25, 2010
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TENTATIVE FINDINGS OF FACT regarding Revised Presentence Investigation Report and Addendum as to defendant Jose Manuel Avalos Banderas. It is ordered that:...(2)The defendant's objection to the presentence investigation report 57 and motion for variance 58 will be resolved at sentencing. A two-hour evidentiary hearing and sentencing are set on Friday, April 23, 2010, from 12:00 noon to 2:00 p.m.(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 9, 2010
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MEMORANDUM AND ORDER - The motion to withdraw filed by Stuart Dornan, appointed co-counsel for the defendant, (Filing No. 63), is granted. Mr. Dornan shall promptly serve defendant with a copy of this order. The Clerk is directed to remove Mr. Dornan from all future ECF notifications in this case. The Federal Public Defender is authorized to process a CJA 20 voucher for services provided by counsel Stuart Dornan upon receipt of the voucher, and prior to final resolution of this case or submission of CJA20 voucher by counsel John F. Aman. Ordered by Magistrate Judge Cheryl R. Zwart. (1 Certified copy to FPD)( TCL )
June 22, 2010
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ORDER permitting defendant to proceed on appeal in forma pauperis as to defendant Jose Manuel Avalos Banderas. Ordered by Judge Richard G. Kopf. (GJG)
September 21, 2010
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ORDER as to Jose Manuel Avalos Banderas. Defendant's motion (filing 85) is denied. However, the Clerk of Court shall forward a copy of this order and the defendant's motion (filing 85) to the Clerk of the United States Court of Appeals for the Eighth Circuit. Ordered by Judge Richard G. Kopf. (Copy mailed to pro se party; Motion and Order sent to the Circuit electronically)(GJG)
June 1, 2012
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ORDER as to Jose Manuel Avalos Banderas (1) - Counsel for the government shall respond to the defendants § 2255 motion (filing no. 100) by brief (and evidentiary index with attachments, if appropriate) by July 2, 2012. The undersigned advises counsel for the government that counsel should respond to all of the defendant's claims, but the undersigned is particularly interested in that part of claim one regarding defense counsel's alleged failure to adequately advise the defendant regarding a plea agreement. The defendant's motion to file under seal (filing no. 98) is denied. The defendant's motion for leave to proceed in forma pauperis (filing no. 102) is granted but the defendant's request for specific documents contained therein is denied without prejudice. The defendant shall file no other pleadings in this matter until and unless permitted to do so by the undersigned. My chambers shall bring this matter to my attention on July 3, 2012. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to defendant as directed) (TEL)
July 11, 2012
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ORDER as to defendant Jose Manuel Avalos Banderas. Mr. Banderas shall have until the close of business on Wednesday, August 1, 2012, to submit a response to the government's brief (filing 106) and index of evidentiary materials (filing 107) opposing the defendant's § 2255 motion (filing 100). Ordered by Senior Judge Richard G. Kopf. (Copy mailed to defendant) (TEL)
August 22, 2012
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MEMORANDUM AND ORDER as to Jose Manuel Avalos Banderas (1) - The Motion to Vacate under 28 U.S.C. § 2255, supplemented by a Memorandum and Declaration, (filings 100 and 101) is denied and dismissed with prejudice. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to defendant) (TEL)
January 14, 2015
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ORDER regarding 126 Motion to Reduce Sentence - USSC Amendment, and 127 Motion to Appoint Counsel as to Jose Manuel Avalos Banderas. 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. Ordered by Senior Judge Richard G. Kopf. (Copies mailed to defendant)(SLP)
October 7, 2015
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ORDER that the Federal Public Defender has been appointed to represent the defendant in the matter involving a potential reduction in sentence pursuant to Amendment 782. Therefore, the defendant's pending motion for appointment of counsel 127 is denied. The undersigned has received the defendant's statement 130 and has read it. The Clerk of Court is directed to send a copy of this order to the defendant at his last known address, and to provide an ECF notice of this order to Assistant United States Attorney John E. Higgins and Federal Public Defender David R. Stickman as to Jose Manuel Avalos Banderas (1). Ordered by Senior Judge Richard G. Kopf. (Copies mailed as directed) (JSF)
January 27, 2016
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ORDER that the plaintiff shall file its response to defendant's motions to reduce sentence 126 and 133 on or before February 10, 2016. Ordered by Senior Judge Richard G. Kopf. (KLF)
February 5, 2016
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ORDER REDUCING SENTENCE - USSC Amendment as to Jose Manuel Avalos Banderas (1). The defendant's previously imposed sentence of imprisonment of 365 months is reduced to 293 months. Ordered by Senior Judge Richard G. Kopf. (KLF)
February 19, 2016
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ORDER permitting the defendant to proceed on appeal in forma pauperis as to defendant Jose Manuel Avalos Banderas. Ordered by Senior Judge Richard G. Kopf. (JSF)