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10-3113 - USA v. Espinoza


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10-3113 - USA v. Espinoza
November 22, 2010
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ORDER APPOINTING COUNSEL as to defendant Jose A. Espinoza. Mark A. Weber is appointed as attorney of record for the above-named defendant in this matter. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
November 30, 2010
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ORDER of Detention pending trial as to defendant Jose A. Espinoza. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
February 28, 2011
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MEMORANDUM AND ORDER granting 27 Motion to Withdraw as Attorney as to Jose A. Espinoza. Defendant Espinoza's newly retained counsel, James W. Crampton, shall promptly notify the defendant of the entry of this order. The clerk shall delete Mr. Weber from any future ECF notifications herein. Ordered by Magistrate Judge Cheryl R. Zwart. (GJG)
March 21, 2011
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ORDER granting 31 Oral Motion as to Jose A. Espinoza (1) Change of Plea Hearing set for 3/30/2011 01:00 PM 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)
March 30, 2011
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ORDER granting 34 Motion to Continue as to Jose A. Espinoza (1). Change of Plea Hearing set for 4/8/2011 10:00 AM in Courtroom 2, Federal Building, 100 Centennial Mall North, Lincoln, NE before Judge Cheryl R. Zwart. Ordered by Magistrate Judge Cheryl R. Zwart. (DMS) Modified on 3/30/2011 (DMS) to correct Judge.
April 7, 2011
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ORDER granting 36 Oral Motion as to Jose A. Espinoza (1). Change of Plea Hearing set for 4/21/2011 02:00 PM 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)
May 4, 2011
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ORDER denying 38 Motion to Withdraw. A telephonic status conference to discuss further case progression will be held on May 9, 2011 at 9:00 a.m. Counsel for the government shall place the call. Ordered by Magistrate Judge Cheryl R. Zwart. (CRZ) Modified on 5/5/2011 to remove "TEXT". Order attached. (JAB)
May 10, 2011
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MEMORANDUM AND ORDER as to Jose A. Espinoza. Status Conference set for 5/17/2011 at 11:00 AM by telephone before Magistrate Judge Cheryl R. Zwart. Counsel for the government shall place the call. Ordered by Magistrate Judge Cheryl R. Zwart. (CRZ)
May 17, 2011
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MEMORANDUM AND ORDER - The motion to withdraw filed by James W. Crampton, (filing no. 48), is granted. The defendant's request for a new scheduling order is granted, and The defendant's pretrial motions and briefs shall be filed on or before May 27, 2011. Trial of this case is set to commence before the Honorable Richard G. Kopf at 9:00 a.m. on June 27, 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. Jury selection will be held at commencement of trial. The time between today's date and June 27, 2011 shall be excluded for speedy trial calculation purposes as to Jose A. Espinoza (1). Ordered by Magistrate Judge Cheryl R. Zwart. (AOA)
June 17, 2011
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ORDER granting 54 Motion to Continue as to Jose A. Espinoza. Jury Trial set for 7/25/2011 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)
October 17, 2011
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ORDER as to defendant Jose A. Espinoza. A conference call was held with counsel.IT IS ORDERED that:(1)The plaintiff's unopposed motion to continue sentencing 76 is granted.(2)Defendant Espinoza's three-hour evidentiary hearing and sentencing are continued to Friday, November 4, 2011, at 1:30 p.m., before the undersigned United States district judge, in Courtroom No. 1, 5th Floor, Robert V. Denney 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, )
October 18, 2011
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TENTATIVE FINDINGS OF FACT regarding Revised Presentence Investigation Report as to defendant Jose A. Espinoza. It is ordered that:... (2)The defendant's objection to presentence report 71, the defendant's additional objection to presentence report 74, and the defendant's motion for departure or variance 75 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 Judge Richard G. Kopf. (KLL, )
November 28, 2011
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ORDER as to defendant Jose A. Espinoza. On the court's own motion, and with the agreement of the parties, it is ordered that Defendant Espinoza's sentencing is rescheduled to Thursday, January 19, 2012, at 1:30-4:30 p.m., before the undersigned United States district judge, 5th Floor, Robert V. Denney 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, )
February 10, 2012
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MEMORANDUM AND ORDER as to defendant Jose A. Espinoza (1). Defendant's motion for leave to appeal in forma pauperis (filing 98) is granted. Defendant may proceed on appeal without prepayment of fees or costs. The Clerk of the United States District Court for the District of Nebraska shall process defendant's appeal. Ordered by Senior Judge Richard G. Kopf. (GJG)
February 27, 2013
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ORDER denying 108 Request for Transcript (Non-Party) as to defendant Jose A. Espinoza (1). The Clerk's Office shall provide a copy of this order to Jessica Rosas Espinoza. Ordered by Senior Judge Richard G. Kopf. (Copies mailed as directed)(GJG)
May 14, 2013
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MEMORANDUM AND ORDER as to defendant Jose A. Espinoza. On or before June 17, 2013, the government shall serve and file a brief responding to each and every allegation of Espinoza's motion. In particular, but not by way of limitation, the government shall address what the evidence showed at the evidentiary hearing held on January 19, 2012 regarding obstruction of justice, acceptance of responsibility, Ubeldo Lopez and Gilbert Ontiveros. (See filing no. 88.) In particular, but not by way of limitation, the government shall address whether Espinoza is entitled to the benefit of the Galaviz decision. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(GJG)
June 6, 2013
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ORDER as to defendant Jose A. Espinoza. The Request for Transcript (filing number 114) filed by Jose Espinoza, is granted. The clerk's office is directed to mail a copy of this order to the party requesting the transcript. To arrange payment the requestor should contact the following court reporter:Rogene Schoeder, United States District Court, Roman L. Hruska U.S. Courthouse111 S. 18th Plaza, Suite 1152, (402) 661-7383. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party and e-mailed to Court Reporter)(GJG, )
June 18, 2013
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ORDER as to defendant Jose A. Espinoza (1). The plaintiff's motion to extend deadline (filing 117) is granted. The plaintiff's brief in response to filing 111 shall be filed on or before July 1, 2013. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(GJG)
June 18, 2013
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ORDER as to defendant Jose A. Espinoza (1). Defendant's "motion to supplement and amend under Fed. R. Civ. P. 15" (filing 118) is denied. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(GJG)
July 17, 2013
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ORDER - Jose A. Espinoza shall have until the close of business on Thursday, August 1, 2013, to submit a reply in response to the government's answer (filing 122) and supporting brief (filing 123) as to defendant Jose A. Espinoza. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (AOA)
July 17, 2013
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ORDER that the Clerk shall immediately mail Jose A. Espinoza a copy of the transcript appearing here as filing no. 115. A copy of the transcript shall be provided by the Clerk at no cost to Mr. Espinoza. The transcriber will not be entitled to a fee. For the sake of clarity, this order supersedes filing no. 125 to the extent necessary for the Clerk to carry out the provisions of this order. The Clerk shall also mail a copy of this order to Mr. Espinoza as to defendant Jose A. Espinoza. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party along with a copy of filing 115)(ADB, )
August 5, 2013
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MEMORANDUM AND ORDER denying 110 Motion to Vacate (2255) as to Jose A. Espinoza (1). Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(JAB) Civil Case 4:13-cv-03077-RGK closed.
January 12, 2016
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ORDER REDUCING SENTENCE - USSC Amendment as to defendant Jose A. Espinoza. The defendant's previously imposed sentence of imprisonment of 324 months as to Count I and 120 months as to Count V, said terms to run concurrent, is reduced to 262 months as to Count I and 120 months as to Count V, said terms to run concurrent. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(GJG)
June 30, 2016
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MEMORANDUM AND ORDER as to defendant Jose A. Espinoza. The defendant's ยง 2255 motion (filing no. 146) under the Johnson case is denied for among reasons because the sentence(s) for the offense(s) of conviction were not based upon the statutory or Guidelines residual clause. Judgment will be entered by separate document. A certificate of appealability is denied. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(GJG)