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10-3053 - USA v. Nguyen et al


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10-3053 - USA v. Nguyen et al
May 27, 2010
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ORDER of Detention pending trial as to defendant Chien Hung Nguyen as ordered by Magistrate Judge Cheryl R. Zwart. (SED)
June 16, 2010
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MEMORANDUM AND ORDER - The defendant's unopposed motion to continue, (filing no.31), is granted and the defendant's pretrial motions and briefs shall be filed on or before July 22, 2010 as to Aaron William Polk. The time between June 16, 2010 and July 22, 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 August 2, 2010 before Judge Richard G. Kopf. Ordered by Magistrate Judge Cheryl R. Zwart. ( GJG, )
June 25, 2010
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ORDER granting 34 Motion to Extend as to Chien Hung Nguyen. Pretrial Motion Deadline set for 7/22/2010. Ordered by Magistrate Judge Cheryl R. Zwart. (CRZ)
July 20, 2010
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ORDER granting 38 Oral Motion as to Chien Hung Nguyen; granting 37 Motion to Extend as to Aaron William Polk. The Pretrial Motion Deadline is continued to 8/20/2010. The trial of this case is continued pending resolution of any pretrial motions filed. Ordered by Magistrate Judge Cheryl R. Zwart. (CRZ)ORDER granting 38 Oral Motion as to Chien Hung Nguyen; granting 37 Motion to Extend as to Aaron William Polk. The Pretrial Motion Deadline is continued to 8/20/2010. The trial of this case is continued pending resolution of any pretrial motions filed. Ordered by Magistrate Judge Cheryl R. Zwart. (CRZ)
August 19, 2010
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ORDER granting 42 Motion to Extend. Pretrial Motion Deadline set for 9/20/2010. Ordered by Magistrate Judge Cheryl R. Zwart. (CRZ)
August 19, 2010
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ORDER granting 43 Motion to Extend. Pretrial Motion Deadline set for 9/20/2010. Ordered by Magistrate Judge Cheryl R. Zwart. (CRZ)
September 20, 2010
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ORDER granting 46 and 47, defendants' Motion to Extend. Pretrial Motion Deadline set for 11/19/2010. Ordered by Magistrate Judge Cheryl R. Zwart. (CRZ)ORDER granting 46 and 47, defendants' Motion to Extend. Pretrial Motion Deadline set for 11/19/2010. Ordered by Magistrate Judge Cheryl R. Zwart. (CRZ)
November 19, 2010
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ORDER granting 49 and 50, Motion to Extend as to Chien Hung Nguyen and Aaron William Polk. Pretrial Motion Deadline set for 12/10/2010. Ordered by Magistrate Judge Cheryl R. Zwart. (CRZ)ORDER granting 49 and 50, Motion to Extend as to Chien Hung Nguyen and Aaron William Polk. Pretrial Motion Deadline set for 12/10/2010. Ordered by Magistrate Judge Cheryl R. Zwart. (CRZ)
December 13, 2010
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MEMORANDUM AND ORDER - The defendants' unopposed motions to continue, (filing nos. 53 and 54), are granted and the defendants' pretrial motions and briefs shall be filed on or before December 20, 2010. The time between today's date and December 20, 2010, shall be deemed excluded in any computation of time under the requirements of the Speedy Trial Act as to Chien Hung Nguyen and Aaron William Polk (2). Pretrial Motion Deadline set for 12/20/2010. Ordered by Magistrate Judge Cheryl R. Zwart. (AOA)MEMORANDUM AND ORDER - The defendants' unopposed motions to continue, (filing nos. 53 and 54), are granted and the defendants' pretrial motions and briefs shall be filed on or before December 20, 2010. The time between today's date and December 20, 2010, shall be deemed excluded in any computation of time under the requirements of the Speedy Trial Act as to Chien Hung Nguyen and Aaron William Polk (2). Pretrial Motion Deadline set for 12/20/2010. Ordered by Magistrate Judge Cheryl R. Zwart. (AOA)
December 14, 2010
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ORDER granting 52 Motion to Appoint Counsel as to Chien Hung Nguyen. Ordered by Magistrate Judge Cheryl R. Zwart. (CRZ)
December 20, 2010
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ORDER granting 57 Motion to Extend as to Aaron William Polk (2) ThePretrial Motion Deadline is set for 2/4/2011. Ordered by Magistrate Judge Cheryl R. Zwart. (DMS)
February 8, 2011
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MEMORANDUM AND ORDER granting 60 Motion to Extend deadline for filing pretrial motions as to Aaron William Polk (2). Pretrial Motion Deadline set for 4/1/2011. The time between February 4, 2011 and April 1, 2011, shall be deemed excludable time in any computation of time under the requirements of the Speedy Trial Act. A telephonic hearing will be required on any future motions to continue the pretrial motion deadline. Counsel for the defendant shall set the hearing. Ordered by Magistrate Judge Cheryl R. Zwart. (GJG)
April 26, 2011
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TENTATIVE FINDINGS OF FACT regarding Revised Presentence Investigation Report as to defendant Chien Hung Nguyen. 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, )
May 13, 2011
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MEMORANDUM AND ORDER - Based on the representations of counsel for the parties, defendant Polk's motions to compel, (filing no. 76), and for a copy of a hard drive, (filing no. 77), are denied as moot. At the defendant's request, the pretrial motion deadline is therefore extended to June 20, 2011. The time between May 13, 2011 and June 20, 2011, shall be deemed excludable time in any computation of time under the requirements of the Speedy Trial Act. Trial of this case is set to commence before the Honorable Richard G. Kopf at 9:00 a.m. on July 18, 2011 or as soon thereafter as the case may be called, for a duration of 5 trial days, in Courtroom 1, United States Courthouse, Lincoln, Nebraska as to Aaron William Polk (2). Ordered by Magistrate Judge Cheryl R. Zwart. (AOA)
July 14, 2011
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MEMORANDUM AND ORDER as to defendant Aaron William Polk. Trial of this matter is continued from July 18, 2011 to a date to be set by Judge Zwart. This matter is referred to Judge Zwart. The time between today's date and the trial date set by Judge Zwart is excluded from computation under the Speedy Trial Act in the interests of justice and to allow defense counsel a full opportunity to confer with his client and to prepare his client for a trial or plea. See, e.g., 18 U.S.C. § 3161(h)(7)(A)&(B). Ordered by Judge Richard G. Kopf. (GJG)
October 17, 2011
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ORDER as to Aaron William Polk. It is ordered that the defendant's 122 Motion for Acquittal and 123 Motion for New Trial are denied. Ordered by Judge Richard G. Kopf. ( KLL, )
December 20, 2011
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ORDER SETTING HEARING AND TENTATIVE FINDINGS regarding Presentence Investigation Report as to defendant Aaron William Polk. I am in receipt of the presentence investigation report in this case. There are objections and motions for departure or variance. The undersigned allocates 2 hours total to resolve the objections and motions and conclude sentencing. The hearing shall commence at 10:30 A.M. on Tuesday, January 3, 2012 and proceed until noon. If not finished then, the hearing shall start again at 12:30 PM on January 3, 2012 and proceed for no more than one-half hour. Counsel shall plan accordingly. The government's objection (filing no. 136) to the defendant's claim of entitlement to the safety-valve, the government's objection to certain statements in the presentence report and the government assertion that the undersigned should depart upward because of the managerial role played by the defendant will be resolved at sentencing. The defendant's motion for safety-valve eligibility (filing no. 138), the defendant's motion for a mitigating role adjustment (filing no. 140), and the defendant's motion (filing no. 142) for deviation or variance primarily but not exclusively because of the special needs of a child 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. Ordered by Senior Judge Richard G. Kopf. (GJG)
January 25, 2012
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MEMORANDUM AND ORDER as to defendant Aaron William Polk (2). Polk's motion for leave to appeal IFP (filing 161) is denied. Polk shall have until February 24, 2012, to pay the appeal fee of $455 to the Clerk of the district court. If Polk does not pay the appeal fee by February 24, 2012, the Clerk of the district court shall send a copy of this memorandum and order to the Clerk of the United States Court of Appeals for the Eighth Circuit pursuant to Fed. R. App. P. 24(a)(4)(C). Ordered by Senior Judge Richard G. Kopf. (GJG)
February 6, 2012
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MEMORANDUM AND ORDER as to Aaron William Polk (2) - Polk's IFP motion (filing 176) is granted. Polk may proceed on appeal without prepayment of fees or costs. Ordered by Senior Judge Richard G. Kopf. (TEL)
May 17, 2012
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ORDER as to Chien Hung Nguyen. 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) 186 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 Senior Judge Richard G. Kopf. ( KLL, )
April 21, 2014
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ORDER as to defendant Chien Hung Nguyen. 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) 186 197 has been scheduled before the undersigned United States district judge on Wednesday, May 7, 2014, at 1:00 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, )
September 3, 2014
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MEMORANDUM AND ORDER as to defendant Aaron William Polk (2). The Motion to Vacate under 28 U.S.C. § 2255 (filing no. 204) is denied and dismissed with prejudice. A separate judgment will be entered. 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-03170-RGK closed.
December 4, 2014
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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 Chien Hung Nguyen. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
August 18, 2015
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ORDER regarding Order - GO 2014-08210 as to defendant Aaron William Polk. The defendant is ineligible for a sentence reduction under Amendment 782 due to the statutory minimum. A sentence reduction under Amendment 782 is denied. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(JAB)
July 26, 2016
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ORDER as to defendant Aaron William Polk (2). The Clerk of Court shall file the attached letter as a Motion for Compassionate Release. The Federal Public Defender is appointed to represent Defendant in this matter. The Clerk of Court shall send a copy of this order to Kelly Nelson, Supervising USPO, who is requested to provide a report to counsel and the court regarding Defendant's request on or before August 15, 2016. Counsel for the government and the Federal Public Defender shall file a brief on or before August 26, 2016, regarding Defendant's motion 228. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party and as directed )(GJG)
August 29, 2016
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ORDER as to defendant Aaron William Polk (2). The motion for compassionate release (filing no. 228) is granted in part and denied in part as follows: For the reasons set forth in the excellent brief of the Assistant Federal Public Defender (filing no. 234), I am of the opinion that Mr. Polk may be an appropriate candidate for compassionate release because of extraordinary and compelling reasons having to do with the offenders own health (large tumor in neck and only partially successful excision this summer while in the BOP) and the health of his minor daughter (ongoing adrenal crises including 42 emergency room visits since Mr. Polk's imprisonment1) coupled with the fact that the offender has been a model prisoner. As result, the Bureau of Prisons should review the matter and carefully consider whether it should file a motion under 18 U.S.C. § 3852(c)(1) with the undersigned so that I might further review the matter. That said, it would wise for the Bureau of Prisons to delay consideration of this matter until on or after November 1, 2016, when an Amendment to the Sentencing Guidelines, Policy Statements, and Official Commentary relating to U.S.S.G. §1B1.13 are likely to become effective. Mr. Polk's motion is otherwise denied. The Clerk shall mail a certified copy of this Order and a certified copy of filing no. 234 to Mr. Polk in addition to providing CM/ECF notice to counsel. The motion to restrict (filing no. 233) is granted. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party as directed)(GJG)