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09-3117 - USA v. Rush et al


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09-3117 - USA v. Rush et al
November 23, 2009
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ORDER APPOINTING COUNSEL - John Vanderslice appointed as counsel as to defendant Traves Rush as ordered by Judge Richard G. Kopf. (SED)
November 23, 2009
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ORDER APPOINTING COUNSEL - Jessica L. Milburn appointed as counsel as to defendant Marcus Short as ordered by Judge Richard G. Kopf. (SED)
November 23, 2009
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ORDER of Detention pending trial as to defendant Traves Rush as ordered by Judge Richard G. Kopf. (SED)
November 23, 2009
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ORDER of Detention pending trial as to defendant Marcus Short as ordered by Judge Richard G. Kopf. (SED)
December 23, 2009
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MEMORANDUM AND ORDER granting 30 Motion to Continue as to Traves Rush (1) and Marcus Short (2). The defendants' pretrial motions and briefs shall be filed on or before January 6, 2010. The time between December 23, 2009 and January 6, 2010, shall be deemed excludable time in any computation of time under the requirements of the Speedy Trial Act. The trial of this case remains set to commence on January 25, 2010 before Judge Warren K. Urbom. Ordered by Judge Richard G. Kopf. (JAB)MEMORANDUM AND ORDER granting 30 Motion to Continue as to Traves Rush (1) and Marcus Short (2). The defendants' pretrial motions and briefs shall be filed on or before January 6, 2010. The time between December 23, 2009 and January 6, 2010, shall be deemed excludable time in any computation of time under the requirements of the Speedy Trial Act. The trial of this case remains set to commence on January 25, 2010 before Judge Warren K. Urbom. Ordered by Judge Richard G. Kopf. (JAB)
January 7, 2010
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MEMORANDUM AND ORDER as to defendants Traves Rush (1) and Marcus Short (2). The defendants' unopposed motions to continue, (filing Nos. 33 & 34), are granted and the defendants' pretrial motions and briefs shall be filed on or before January 11, 2010. The time between January 6, 2010 and January 11, 2010, shall be deemed excludable time in any computation of time under the requirements of the Speedy Trial Act. The trial of this case remains set to commence on January 25, 2010 before Judge Warren K. Urbom. Ordered by Judge Richard G. Kopf. (JAB)MEMORANDUM AND ORDER as to defendants Traves Rush (1) and Marcus Short (2). The defendants' unopposed motions to continue, (filing Nos. 33 & 34), are granted and the defendants' pretrial motions and briefs shall be filed on or before January 11, 2010. The time between January 6, 2010 and January 11, 2010, shall be deemed excludable time in any computation of time under the requirements of the Speedy Trial Act. The trial of this case remains set to commence on January 25, 2010 before Judge Warren K. Urbom. Ordered by Judge Richard G. Kopf. (JAB)
January 11, 2010
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ORDER granting 39 Motion to Continue as to Traves Rush. The defendant shall file any additional pretrial motions in the above captioned matter no later than Monday, January 25, 2010. The time from January 11, 2010, until January 25, 2010, shall be excluded from any speedy trial calculation. The January 25, 2010 trial in this matter is continued until further order of this Court following resolution of defendant's pretrial motions. Ordered by Judge Richard G. Kopf. (GJG)
January 11, 2010
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ORDER granting 41 Oral Motion as to Marcus Short (2) Pretrial Motion Deadline extended to 1/12/2010 as to Marcus Short. Ordered by Senior Judge Warren K. Urbom. ( EJL)
January 27, 2010
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ORDER granting 48 defendant's Motion to Continue Deadline for Filing Additional Pretrial Motions as to Traves Rush (1). Defendant Rush's pretrial motion deadline is extended to February 3, 2010. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)ORDER granting 48 defendant's Motion to Continue Deadline for Filing Additional Pretrial Motions as to Traves Rush (1). Defendant Rush's pretrial motion deadline is extended to February 3, 2010. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
March 4, 2010
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FINDINGS AND RECOMMENDATION to the Honorable Warren K. Urbom, United States District Judge, pursuant to 28 U.S.C. § 636(b), that the motions to suppress filed by Traves Rush, (filing no. 37), and by Marcus Short, (filing no. 43), be denied in their entirety as to defendants Traves Rush and Marcus Short. The parties are notified that failing to file an objection to this recommendation as provided in the local rules of this court may be held to be a waiver of any right to appeal the courts adoption of the recommendation. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)FINDINGS AND RECOMMENDATION to the Honorable Warren K. Urbom, United States District Judge, pursuant to 28 U.S.C. § 636(b), that the motions to suppress filed by Traves Rush, (filing no. 37), and by Marcus Short, (filing no. 43), be denied in their entirety as to defendants Traves Rush and Marcus Short. The parties are notified that failing to file an objection to this recommendation as provided in the local rules of this court may be held to be a waiver of any right to appeal the courts adoption of the recommendation. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
April 9, 2010
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ORDER denying 37 Motion to Suppress as to Traves Rush (1); adopting 58 Findings and Recommendations as to Traves Rush (1) and Marcus Short (2); overruling 62 Objection to Findings and Recommendation as to Traves Rush (1); and denying 43 Motion to Suppress as to Marcus Short (2). Ordered by Senior Judge Warren K. Urbom. ( EJL)ORDER denying 37 Motion to Suppress as to Traves Rush (1); adopting 58 Findings and Recommendations as to Traves Rush (1) and Marcus Short (2); overruling 62 Objection to Findings and Recommendation as to Traves Rush (1); and denying 43 Motion to Suppress as to Marcus Short (2). Ordered by Senior Judge Warren K. Urbom. ( EJL)
April 27, 2010
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MEMORANDUM AND ORDER - 1. The defendants Motion to Withdraw Defendants Motion to Continue Trial, 81, is granted. Defendants Motion to Continue, 77, is withdrawn and the governments objection to a trial continuance, 79, is denied as moot. 2. The trial of this case remains scheduled to commence before Judge Warren K. Urbom on the 3rd day of May, 2010, at 9:00 a.m. in Courtroom 4, United State Courthouse and Federal Building, 100 Centennial Mall North, Lincoln, Nebraska as to Traves Rush Ordered by Magistrate Judge Cheryl R. Zwart. ( PCV, )
April 28, 2010
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MEMORANDUM AND ORDER as to Traves Rush. A hearing on Defendants Motion to Dismiss Counsel, (filing no. 89), will be held before Magistrate Judge Zwart on the 29th day of April, 2010, at the hour of 11:00 a.m. in Courtroom No. 2, United States Courthouse and Federal Building, 100 Centennial Mall North, Lincoln, Nebraska. The defendant, his counsel, and counsel for the government shall be present at the hearing. Ordered by Magistrate Judge Cheryl R. Zwart. (CRZ)MEMORANDUM AND ORDER as to Traves Rush. A hearing on Defendants Motion to Dismiss Counsel, (filing no. 89), will be held before Magistrate Judge Zwart on the 29th day of April, 2010, at the hour of 11:00 a.m. in Courtroom No. 2, United States Courthouse and Federal Building, 100 Centennial Mall North, Lincoln, Nebraska. The defendant, his counsel, and counsel for the government shall be present at the hearing. Ordered by Magistrate Judge Cheryl R. Zwart. (CRZ)
May 5, 2010
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ORDER granting 119 Motion to Seal as to Traves Rush (1) Ordered by Senior Judge Warren K. Urbom. ( PCV, )
May 25, 2010
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MEMORANDUM AND ORDER as to Marcus Short as to defendant(s) Marcus Short. The United States has withdrawn its request that the court hold Marcus Short in contempt of court for his refusal to testify at the trial of Traves Rush. The court finds that to be appropriate action by the United States. Consequently, I consider that the request by the government and my statement to Marcus Short that I found him in contempt of court are withdrawn and are to be of no effect in the sentencing of Marcus Short. Ordered by Senior Judge Warren K. Urbom. (EJL)
June 21, 2010
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ORDER granting 157 Motion to Extend Deadline to file Objections to Presentence Report. Ordered by Senior Judge Warren K. Urbom. ( EJL)
June 24, 2010
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TENTATIVE FINDINGS OF FACT regarding Presentence Investigation Report as to defendant(s) Marcus Short. Ordered by Senior Judge Warren K. Urbom. (EJL)
July 19, 2010
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ORDER granting 174 Motion to Continue Variance Brief deadline until July 23, 2010, as to Traves Rush (1)Ordered by Senior Judge Warren K. Urbom. ( EJL)
July 20, 2010
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TENTATIVE FINDINGS OF FACT regarding Presentence Investigation Report as to defendant(s) Traves Rush. Ordered by Senior Judge Warren K. Urbom. (EJL)
September 7, 2010
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ORDER permitting the defendant to proceed on appeal in forma pauperis as to defendant Traves Rush. Ordered by Senior Judge Warren K. Urbom. (MKR)
November 1, 2010
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ORDER that the Motion to Appoint Counsel 212 is referred to the Eighth Circuit Court of Appeals. The clerk shall send a copy of this order to Traves Rush, Saline County Law Enforcement Center, P.O. Box 911, Wilber, Nebraska 68465 as to defendant Traves Rush (1). Ordered by Senior Judge Warren K. Urbom. (Copies mailed as directed) (JSF)
May 7, 2012
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ORDER TO WITHDRAW EXHIBITS OR TO SHOW CAUSE WHY EXHIBITS SHOULD NOT BE DESTROYED as to defendant Traves Rush. Ordered by Senior Judge Warren K. Urbom. (MKR)
November 19, 2012
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MEMORANDUM AND ORDER - The Motion to Vacate under 28 U.S.C. § 2255 (filing no. 238) is denied with prejudice. A separate judgment will be issued as to Traves Rush (1). Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (AOA) Civil Case 4:12-cv-03231-RGK closed.
August 4, 2014
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MEMORANDUM AND ORDER as to defendant Traves Rush (1). The Motion to Vacate under 28 U.S.C. § 2255 (filing no. 243) is denied for these separate reasons: (a) the pending motion is a second or successive 2255 motion for which no permission to file has been obtained from the Court of Appeals and (b) the motion has no merit. A separate judgment will be issued. No certificate of appealability will be issued by the undersigned. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)( GJG, ) Civil Case 4:14-cv-03125-RGK closed.
August 27, 2014
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ORDER denying 246 Motion for Reconsideration as to defendant Traves Rush (1). Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(GJG)
August 14, 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 Marcus Short. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
August 14, 2015
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ORDER of Detention pending revocation as to defendant Marcus Short. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
August 19, 2015
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ORDER denying 251 Motion to Vacate (2255) (filing 252 Memorandum of Fact and Law) as to Traves Rush (1). A separate judgment will be entered. No certificate of appealability will be issued. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(CCB) Civil Case 4:15-cv-03084-RGK closed.
August 19, 2015
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JUDGMENT is entered for the United States of America and against Defendant Rush providing that he shall take nothing and the Motion to Vacate under 28 U.S.C. § 2255 (Filing no. 251; filing no. 252 (Memorandum of Fact and Law)) is denied with prejudice. The undersigned does not issue a certificate of appealability. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (CCB)
October 21, 2015
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ORDER that the defendant's motion (filing no. 269) is denied withprejudice and a separate judgment will be issued as to defendant Traves Rush. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LAC) Civil Case 4:15-cv-03126-RGK closed.
July 6, 2016
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ORDER denying 281 Motion to Amend as to Traves Rush (1). Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (JSF)
May 16, 2017
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ORDER that this matter is continued until further order of the court. Both the prosecutor and the defense lawyer in this case shall monitor the state case. Upon the conclusion of the trial of the state case (but before sentencing should the defendant be convicted), both the prosecutor and defense counsel shall advise my judicial assistant that the trial has been concluded. Should the state case be resolved by plea, both the prosecutor and defense counsel shall advise my judicial assistant that the state case has been resolved by plea. My judicial assistant shall send a copy of this order to the United States Probation Officer assigned to this matter as to defendant Marcus Short. Ordered by Senior Judge Richard G. Kopf. (LAC)
January 4, 2018
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ORDER This matter is continued until further order of the court. Both the prosecutor and defense counsel in this case shall monitor the state case. Upon the conclusion of the trial of the state case (but before sentencing should the defendant be convicted), both the prosecutor and defense counsel shall advise my judicial assistant that the trial has been concluded. Should the state case be resolved by plea, both the prosecutor and defense counsel shall advise my judicial assistant that the state case has been resolved by plea. Should the state case be dismissed, both the prosecutor and defense counsel shall advise my judicial assistant that the state case has been dismissed. My judicial assistant shall send a copy of this order to the United States Probation Officer assigned to this matter as to defendant Marcus Short. Ordered by Senior Judge Richard G. Kopf. (LAC)