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10-3111 - USA v. Cruz


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10-3111 - USA v. Cruz
November 30, 2010
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ORDER of Detention pending trial as to defendant Luis A. Cruz. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
January 7, 2011
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ORDER granting 22 Motion to Continue as to Luis A. Cruz. Jury Trial set for 2/22/2011 at 09:00 AM in Courtroom 1, Federal Building, 100 Centennial Mall North, Lincoln, NE before Judge Richard G. Kopf. Ordered by Magistrate Judge Cheryl R. Zwart. (CRZ)
February 14, 2011
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ORDER granting 24 Motion to Continue as to Luis A. Cruz (1) Jury Trial set for 4/4/2011 at 09:00 AM in Courtroom 1, Federal Building, 100 Centennial Mall North, Lincoln, NE before Judge Richard G. Kopf. Ordered by Magistrate Judge Cheryl R. Zwart. (DMS)
March 21, 2011
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MEMORANDUM AND ORDER granting 26 Oral Motion as to Luis A. Cruz (1). A hearing on the defendant's competency is scheduled before Magistrate Judge Zwart on the 22nd day of March, 2011, 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 appear at this hearing. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
March 23, 2011
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MEMORANDUM AND ORDER as to defendant Luis A. Cruz. The defendant is remanded to the custody of the Attorney General of the United States for assessment and, as needed, for mental health care and treatment at the Federal Medical Facility, Springfield, Missouri, or other suitable facility. The United States Marshal shall forthwith, without delay, transport the defendant to the Springfield, Missouri facility. Defendant's trial, currently scheduled for April 4, 2011, is continued pending a determination of his mental competency and ability as set forth herein. The time between today's date and a judicial determination that the defendant is competent and capable of assisting in his defense 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. (1 Certified copy to USM)(JAB)
July 8, 2011
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ORDER granting 33 Oral Motion as to Luis A. Cruz (1) Competency Hearing reset for 8/22/2011 10:30 AM in Courtroom 2, Federal Building, 100 Centennial Mall North, Lincoln, NE before Magistrate Judge Cheryl R. Zwart. Ordered by Magistrate Judge Cheryl R. Zwart. (DMS)
June 12, 2012
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MEMORANDUM AND ORDER granting 57 Defendant's Oral Motion to continue as to Luis A. Cruz (1). Supplemental Competency Hearing continued to 6/15/2012 at 02:00 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 motion hearing, shall be deemed excluded in any computation of time under the requirements of the Speedy Trial Act. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
June 15, 2012
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MEMORANDUM AND ORDER regarding pending motions as to defendant Luis A. Cruz(1): 1) Regarding the defendant's motion to determine competency, (filing no. 27), the court finds the defendant is now competent to be tried.2) The defendant's motion for authority to use CJA funds to obtain an additional mental competency evaluation, (filing no. 59), is denied. 3) The trial of this case is set to commence before the Honorable Richard G. Kopf at 9:00 a.m. on August 6, 2012, or as soon thereafter as the case may be called, for a duration of four (4) trial days. Jury selection will be held at commencement of trial.4) The time between today's date and August 6, 2012 shall be excluded for speedy trial calculation purposes. 18 U.S.C. ยง 3161(h)(7).5) A status conference will be held on July 10, 2012 at 11:00 a.m. before the undersigned magistrate judge to apprise the court of whether this case will be tried. Counsel for the government, defense counsel, and the defendant shall be present at the hearing. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
July 10, 2012
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MEMORANDUM AND ORDER granting 67 defendant's unopposed oral motion to continue as to Luis A. Cruz (1). Status Conference continued to 7/13/2012 at 02:00 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 status hearing, shall be deemed excluded in any computation of time under the requirements of the Speedy Trial Act. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
October 23, 2012
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TENTATIVE FINDINGS OF FACT regarding Revised Presentence Investigation Report as to defendant Luis A. Cruz. It is ordered that:... (2)The defendant's objections to the presentence investigation report 80 relating to relevant conduct and the motion for variance due to mental capacity 80 will be resolved 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, )
August 30, 2016
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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 Luis A. Cruz. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
August 30, 2016
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ORDER of Detention pending revocation as to defendant Luis A. Cruz. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
August 7, 2017
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ORDER upon oral motion of the government and with the agreement of the defendant, PETITION FOR OFFENDER UNDER SUPERVISION 131 is dismissed and the initial appearance on revocation proceedings set for 8/8/17 is cancelled. The warrant and any writ that have been issued based on 131 are withdrawn. Parties are advised that the amended petition for offender under supervision 111 remains in effect, and the previously scheduled revocation hearing set for 9/6/17 at 12 noon remains in effect as to defendant Luis A. Cruz. Ordered by Senior Judge Richard G. Kopf. (Copy to USM)(CCB)
October 27, 2017
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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 Luis A. Cruz. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
October 27, 2017
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ORDER of Detention pending revocation as to defendant Luis A. Cruz. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
November 1, 2017
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JUDGMENT for Revocation of Supervised Release as to defendant Luis A. Cruz. Defendant admitted guilt to allegation 1 of the petition for offender under supervision 137 and is sentenced to the custody of the Bureau of Prisons for a term of 24 months with no supervised release to follow. Special Assessment of $100 (Paid). On the motion of the government allegation 2 of the petition 137 is dismissed without prejudice. Defendant remanded to the custody of the United States Marshal. Ordered by Senior Judge Richard G. Kopf. (1 Certified copy to USM) (CS)