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09-3132 - USA v. Gonzalez et al


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09-3132 - USA v. Gonzalez et al
December 22, 2009
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ORDER APPOINTING COUNSEL - Adam J. Sipple is appointed as attorney of record as to defendant Alberto Gonzalez. Ordered by Judge Richard G. Kopf. (CCB)
December 22, 2009
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ORDER APPOINTING COUNSEL - Chad D. Primmer is appointed as attorney of record as to defendant Ernesto Gonzalez. Ordered by Judge Richard G. Kopf. (CCB)
December 22, 2009
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ORDER APPOINTING COUNSEL - Donald L. Schense is appointed as attorney of recordas to defendant Gustavo Gonzalez. Ordered by Judge Richard G. Kopf. (CCB)
December 22, 2009
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ORDER of Detention pending trial as to defendant Ernesto Gonzalez. Ordered by Judge Richard G. Kopf. (CCB)
January 21, 2010
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MEMORANDUM AND ORDER - The motion to withdraw filed by Adam J. Sipple, (filing no. 36), is granted. Mr. Sipple shall promptly serve defendant with a copy of this order. The Clerk is directed to remove Mr. Sipple from all future ECF notifications in this case. 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 as to Alberto Gonzalez. Ordered by Magistrate Judge Cheryl R. Zwart. ( GJG)(Copy to FPD)
March 4, 2010
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MEMORANDUM AND ORDER as to defendant Ernesto Gonzalez. The Clerk of Court shall file the letter as "restricted." Treating the letter as a motion, the motion is referred to Magistrate Judge Zwart for resolution. The Clerk of Court shall provide a copy of this order and the defendant's letter to counsel for the government, to counsel for the defendant, and to the defendant at defendant's last known address. Ordered by Judge Richard G. Kopf. (Copies mailed as directed)(GJG)
March 22, 2010
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ORDER granting 53 the defendant's Motion to Continue as to Ernesto Gonzalez (2). Change of Plea Hearing set for 4/19/2010 01:00 PM in Courtroom 2, Federal Building, 100 Centennial Mall North, Lincoln, NE before Magistrate Judge Cheryl R. Zwart. The ends of justice will be served by granting the motion for continuance, and outweigh the interests of the public and the defendant in a speedy trial, and the additional time arising as a result of the granting of the motion, (the time between todays date and April 19, 2010) shall be deemed excludable time in any computation of time under the requirements of the Speedy Trial Act. Ordered by Magistrate Judge Cheryl R. Zwart. (MKR)
March 23, 2010
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ORDER granting 57 Motion to Continue plea hearing as to Gustavo Gonzalez (3). Change of Plea Hearing set for 4/20/2010 01:00 PM in Courtroom 2, Federal Building, 100 Centennial Mall North, Lincoln, NE before Magistrate Judge Cheryl R. Zwart. The time between today's date and the anticipated plea of guilty, shall be deemed excluded in any computation of time under the requirements of the Speedy Trial Act. Ordered by Magistrate Judge Cheryl R. Zwart. ( GJG )
April 5, 2010
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ORDER that the defendant's oral motion for continuance of the hearing of the defendant's motion to appoint new counsel 61 is granted and the hearing on the defendant's motion is continued to 4/14/2010 at 10:30 a.m. Defendant shall appear at the hearing as to defendant Ernesto Gonzalez as ordered by Magistrate Judge Cheryl R. Zwart. (SED)
April 20, 2010
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MEMORANDUM AND ORDER granting 71 Oral Motion to continue change of plea hearing as to Gustavo Gonzalez (3). Change of Plea Hearing set for 5/6/2010 11:30 AM in Courtroom 2, Federal Building, 100 Centennial Mall North, Lincoln, NE before Magistrate Judge Cheryl R. Zwart. The time between today's date and the anticipated plea of guilty, shall be deemed excluded in any computation of time under the requirements of the Speedy Trial Act. Ordered by Magistrate Judge Cheryl R. Zwart. ( GJG)
June 25, 2010
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TENTATIVE FINDINGS OF FACT regarding Presentence Investigation Report as to defendant Ernesto Gonzalez. It is ordered that:... (2)There are no objections or motions that require resolution 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, )
July 16, 2010
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TENTATIVE FINDINGS OF FACT as to defendant Gustavo Gonzalez. It is ordered that:... (2) The defendant's objection to drug quantity 114 will be resolved at a two- hour evidentiary hearing, with sentencing to follow, on Thursday, July 22, 2010, from 1:00 to 3:00 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, )
July 20, 2010
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ORDER as to defendant Gustavo Gonzalez. On the oral motion of the government, and without objection by the defendant, IT IS ORDERED that Defendant Gonzalez's two-hour evidentiary hearing and sentencing are continued to Friday, October 15, 2010, from 1:00 to 3:00 p.m., before the undersigned United States district judge, in Courtroom No. 1, United States Courthouse and Federal Building, 100 Centennial Mall North, Lincoln, Nebraska. The defendant shall be present unless excused by the court. Ordered by Judge Richard G. Kopf. (KLL, )
August 3, 2010
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ORDER - The defendant's motion for leave to file under seal (filing 121) is granted. The defendant's sealed motion to continue (filing 122) is granted. Defendant Gonzalez's sentencing is continued to Wednesday, September 29, 2010, at 1:00 p.m., before the undersigned United States district judge, in Courtroom No. 1, United States Courthouse and Federal Building, 100 Centennial Mall North, Lincoln, Nebraska. The defendant shall be present unless excused by the court as to Alberto Gonzalez. Ordered by Judge Richard G. Kopf. ( GJG ) Modified on 8/3/2010 to unseal (GJG).
August 20, 2010
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TENTATIVE FINDINGS OF FACT regarding Revised Presentence Investigation Report and Addendum as to defendant Alberto Gonzalez. It is ordered that:... (2)There are no objections or motions that require resolution 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, )
September 20, 2010
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ORDER as to defendant Gustavo Gonzalez. On the court's own motion, and to accommodate a change in the undersigned's schedule, IT IS ORDERED that Defendant Gonzalez's two-hour evidentiary hearing and sentencing are rescheduled to 11 a.m. on Friday, October 15, 2010, before the undersigned United States district judge, in Courtroom No. 1, United States Courthouse and Federal Building, 100 Centennial Mall North, Lincoln, Nebraska. The defendant shall be present unless excused by the court. Ordered by Judge Richard G. Kopf. (KLL, )
March 7, 2011
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ORDER as to Alberto Gonzalez. The defendant's motion to continue his self-surrender date (filing 156) is granted. The defendant's commitment date to the Federal Bureau of Prisons is hereby continued to March 22, 2011, at or before 2:00 p.m. Copies of this memorandum and order shall be provided to counsel of record, the Probation Office, and the United States Marshal. The United States Marshal shall provide the Bureau of Prisons with a copy of this memorandum and order. If the Bureau of Prisons selects a different self-surrender date than the one ordered in paragraph 2 above, the Bureau of Prisons shall not select a date any earlier than March 22, 2011. And, the United States Marshals Service shall notify the defendant, counsel of record, and the Probation Office of the new date selected by the Bureau of Prisons. Ordered by Judge Richard G. Kopf. (Certified copy to USM; Copy to Probation and counsel of record as ordered)(GJG)
July 12, 2011
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ORDER as to Ernesto Gonzalez. 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) 159 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 undersigned's judicial assistant will provide a copy to the Federal Public Defender. Ordered by Judge Richard G. Kopf. ( KLL, )
December 28, 2011
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ORDER TO WITHDRAW EXHIBITS as to defendant Alberto Gonzalez. Counsel for defendant shall either 1) withdraw the following exhibits previously submitted in this matter within 14 calendar days of the date of this order, or 2) show cause why the exhibits should not be destroyed. Ordered by Senior Judge Richard G. Kopf. (JAB)
August 27, 2013
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ORDER APPOINTING COUNSEL as to defendant Jose Alfredo Cruz. Korey Reiman is appointed as attorney of record for the above-named defendant in this matter. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
August 27, 2013
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TEMPORARY DETENTION ORDER pending hearing as to defendant Jose Alfredo Cruz. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
September 17, 2013
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ORDER of Detention pending trial as to defendant Jose Alfredo Cruz. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
November 21, 2013
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ORDER granting 180 Oral Motion as to Jose Alfredo Cruz (4). Change of Plea Hearing is reset for 12/17/2013 02:30 PM in Courtroom 2, Robert V. Denney Federal Building, 100 Centennial Mall North, Lincoln, NE before Magistrate Judge Cheryl R. Zwart. Ordered by Magistrate Judge Cheryl R. Zwart. (DMS)
December 16, 2013
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ORDER granting 182 Oral Motion as to Jose Alfredo Cruz (4). Change of Plea Hearing set for 1/7/2014 02:30 PM in Courtroom 2, Robert V. Denney Federal Building, 100 Centennial Mall North, Lincoln, NE before Magistrate Judge Cheryl R. Zwart. Ordered by Magistrate Judge Cheryl R. Zwart. (DMS)
January 6, 2014
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ORDER granting 184 Oral Motion as to Jose Alfredo Cruz (4). Change of Plea Hearing is reset for 2/12/2014 02:00 PM in Courtroom 2, Robert V. Denney Federal Building, 100 Centennial Mall North, Lincoln, NE before Magistrate Judge Cheryl R. Zwart. Ordered by Magistrate Judge Cheryl R. Zwart. (DMS)
February 10, 2014
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MEMORANDUM AND ORDER granting 186 Joint Oral Motion to continue as to Jose Alfredo Cruz (4). Change of Plea Hearing continued to 2/19/2014 03:00 PM in Courtroom 2, Robert V. Denney Federal Building, 100 Centennial Mall North, Lincoln, NE before Magistrate Judge Cheryl R. Zwart. The time between today's date and the district court judge's acceptance or rejection of the anticipated plea of guilty shall be excluded for speedy trial calculation purposes. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
March 24, 2014
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ORDER as to defendant Ernesto Gonzalez. It is ordered that: (1)The government's request for hearing is granted.(2)The hearing on the government's motion for reduction of sentence pursuant to Rule 35(b) 159 198 has been scheduled before the undersigned United States district judge on Wednesday, April 16, 2014, at 12:30 p.m., in Courtroom No. 2, United States Courthouse and Federal Building, 100 Centennial Mall North, Lincoln, Nebraska.(3)At the request of the defendant through his counsel, the defendant will participate in the hearing by telephone. (4)Defense counsel shall make the telephone arrangements with the Bureau of Prisons. Defense counsel shall then provide the undersigned's chambers with the contact information (including name and telephone number) of the Bureau of Prison's official the courtroom deputy should call the day and time of the hearing.(5)The Marshal is directed not to return the defendant to the district.(6)The defendant is held to have waived his right to be present. Ordered by Senior Judge Richard G. Kopf. (KLL, )
May 7, 2014
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TENTATIVE FINDINGS OF FACT regarding Presentence Investigation Report and Addendum as to defendant Jose Alfredo Cruz. It is ordered that: (2)There are no objections or motions that require resolution 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 Senior Judge Richard G. Kopf. (KLL, )
May 21, 2014
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ORDER as to Jose Alfredo Cruz. It is ordered that the defendant's motion 210 for permission to restrict the defendant's objection to presentence investigation report 211 is granted. The defendant's objection to presentence investigation report 211 will be taken up at sentencing. Ordered by Senior Judge Richard G. Kopf. ( KLL, )
May 23, 2014
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ORDER that Attorney Korey L. Reiman has a pending case in this court and has not paid the 2013/2014 Attorney Assessment. Within 30 days from the date of this order, Attorney Korey L. Reiman is directed to pay the $20.00 fee or show cause why he is unable to do so, as to defendant Jose Alfredo Cruz. Ordered by Chief Judge Laurie Smith Camp. (CS)
August 20, 2014
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ORDER - IT IS THEREFORE ORDERED as follows: The United States' Motion to Dismiss Count II is hereby sustained. Count II of the Indictment is hereby dismissed as to Jose Alfredo Cruz. Ordered by Senior Judge Richard G. Kopf. ( TCL )
October 6, 2014
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MEMORANDUM AND ORDER that the defendant may proceed in forma pauperis on appeal. The clerk of the court shall forward the appeal to the Eighth Circuit as to defendant Jose Alfredo Cruz. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(ADB)
November 13, 2014
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ORDER denying 238 Motion for Copies as to Alberto Gonzalez. Ordered by Senior Judge Richard G. Kopf. (Copy of order mailed to defendant)(SLP)
January 20, 2015
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ORDER as to defendant Alberto Gonzalez. IT IS ORDERED that the Clerk shall file the defendant's letter as a motion (Filing No. 244). Treating the letter as a motion, it is denied. A copy of Filing No. 230 shall be mailed to the defendant at his last known address. Ordered by Senior Judge Richard G. Kopf. (Copies mailed as directed to pro se party) (MBM)
May 15, 2015
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ORDER REDUCING SENTENCE - USSC Amendment as to defendant Gustavo Gonzalez. The defendant's previously imposed sentence of imprisonment of 87 months is reduced to 70 months. Ordered by Senior Judge Richard G. Kopf. (GJG)
August 27, 2015
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ORDER REDUCING SENTENCE - USSC Amendment as to Alberto Gonzalez. Filing Nos. 254 and 255 are granted. The defendant's previously imposed sentence of imprisonment of 151 months is reduced to 121 months. Except as otherwise provided, all provisions of the judgement dated 12/3/2010 shall remain in effect. The defendant shall not be released any earlier than 11/1/2015. Ordered by Senior Judge Richard G. Kopf. (1 Certified copy to USM) (KMG)
June 28, 2016
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ORDER - This case is held in abeyance until further order of this court. 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. ยง 4B1.2(a)(2) based upon Johnson as to defendant Jose Alfredo Cruz. Ordered by Senior Judge Richard G. Kopf. (KLF)
March 1, 2017
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MEMORANDUM AND ORDER - that both motions (filing no. 257; filing no. 263) are denied with prejudice. A judgment will be entered by a separate document. No certificate of appealability is or will be issued regarding either motion as to Jose Alfredo Cruz. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (KLF) Civil Case 4:17-cv-03014-RGK closed.
March 1, 2017
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JUDGMENT - that judgment is entered in favor of the United States and against Defendant providing that he shall take nothing and his post-conviction motions are dismissed with prejudice. No certificate of appealability has been or will be issued as to defendant Jose Alfredo Cruz. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (KLF)