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13-3121 - USA v. Benz


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13-3121 - USA v. Benz
November 14, 2013
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ORDER granting 12 Motion to Modify Conditions of Release as to Joseph J. Benz. Ordered by Magistrate Judge Cheryl R. Zwart. ( Zwart, Cheryl)
December 5, 2013
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MEMORANDUM AND ORDER granting 14 Defendant's Motion to Continue Trial as to Joseph J. Benz (1). 4-day Jury Trial continued to 2/18/2014 at 09:00 AM in Courtroom 1, Robert V. Denney Federal Building, 100 Centennial Mall North, Lincoln, NE before Senior Judge Richard G. Kopf. The time between today's date and the anticipated trial is excluded for purposes of computing the limits under the Speedy Trial Act. See 18 U.S.C. 3161(h)(1). Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
February 3, 2014
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ORDER granting Defendant's Motion to Extend Time to File Pretrial Motions 16 as to Joseph J. Benz (1). Pretrial Motions and briefs shall be filed on or before 3/10/2014. Trial of this case is continued pending resolution of any pretrial motions filed. The time between today's date and March 10, 2014, shall be excluded under the requirements of the Speety Trial Act. Ordered by Magistrate Judge Cheryl R. Zwart. ( CCB )
March 12, 2014
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MEMORANDUM AND ORDER granting defendant's unopposed motion to continue19 as to Joseph J. Benz (1). A telephonic conference with the undersigned magistrate judge will be held on May 13, 2014 at 10:00 a.m. to discuss trial scheduling. The defendant, defense counsel, and counsel for the government shall participate in the call. The court will provide call in information to attend the conference call. The time between today's date and the anticipated hearing is excluded for purposes of computing the limits under the Speedy Trial Act. See 18 U.S.C. 3161(h)(1). Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
May 13, 2014
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MEMORANDUM AND ORDER granting 21 Defendant's unopposed oral motion for additional time as to Joseph J. Benz (1). Telephonic Status Conference continued to 8/19/2014 at 09:00 AM 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 August 19, 2014, 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. (JAB)
November 12, 2014
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ORDER granting 26 Government's Motion to Continue Status Conference as to defendant Joseph J. Benz (1). Status Conference continued to 11/25/2014 at 10:00 AM in Chambers before Magistrate Judge Cheryl R. Zwart. The time between today's date and the anticipated hearing/trial is excluded for purposes of computing the limits under the Speedy Trial Act. See 18 U.S.C. 3161(h)(1). Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
January 22, 2015
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ORDER granting in part and denying in part 36 Motion to Seal as to Joseph J. Benz. The plaintiff's Index in Support of Motion in Limine (Filing 37) shall be filed as a restricted document. Ordered by Senior Judge Richard G. Kopf. (KMG)
January 27, 2015
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ORDER granting 34 Motion to Modify Conditions of Release as to Joseph J. Benz (1). Ordered by Magistrate Judge Cheryl R. Zwart. (NMW)
February 11, 2015
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MEMORANDUM AND ORDER as to defendant Joseph J. Benz. The government's motion in limine (filing 35) is granted and the defendant is precluded from offering at trial psychiatric and psychological testimony regarding defendant's mental state. Ordered by Senior Judge Richard G. Kopf. (GJG)
February 23, 2015
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ORDER granting 45 Defendant's Motion to Continue as to Joseph J. Benz (1). Jury Trial continued to 4/27/2015 at 09:00 AM in Courtroom 1, Robert V. Denney Federal Building, 100 Centennial Mall North, Lincoln, NE before Senior Judge Richard G. Kopf. The time between today's date and the anticipated trial is excluded for purposes of computing the limits under the Speedy Trial Act. See 18 U.S.C. 3161(h)(1). Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
April 20, 2015
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ORDER as to defendant Joseph J. Benz. Defendant's motion to file under seal (Filing No. 50) is granted, and Filing No. 51 shall remain sealed pursuant to NECivR 12.5. Plaintiff's motion for extension of time (Filing No. 53) is granted, and Plaintiff shall not be required to respond to Defendant's amended motion in limine (Filing No. 48) until further order of the court. Counsel for both parties shall advise the court when the report of any court-ordered examination of Plaintiff is completed. Ordered by Senior Judge Richard G. Kopf. (GJG)
April 20, 2015
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AMENDED ORDER as to defendant Joseph J. Benz. Plaintiff's motion to file under seal (Filing No. 50) is granted, and Filing No. 51 shall remain sealed pursuant to NECivR 12.5. Defendant's motion for extension of time (Filing No. 53) is granted, and Defendant shall not be required to respond to Plaintiff's amended motion in limine (Filing No. 48) until further order of the court. Counsel for both parties shall advise the court when the report of any court-ordered examination of Defendant is completed. Ordered by Senior Judge Richard G. Kopf. (GJG)
April 21, 2015
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MEMORANDUM AND ORDER as to defendant Joseph J. Benz. The government's motion (filing no. 54) is granted. The Bureau of Prisons shall conduct an examination of Benz and submit a report to the Court pursuant to 18 U.S.C. §§ 4242, 4247(b), and 4247(c)(4)(B) addressing the question of whether Benz was insane at the time of the offense charged. Benz is committed to the Bureau of Prisons in order that the foregoing examination may be conducted. He shall self-surrender, at his own costs, to the facility designated by the Bureau of Prisons at the date, time and place designated by the Bureau of Prisons, and shall be released to return to Nebraska, at his own costs, upon completion of the foregoing examination. The Clerk shall provide Ms. Bare with a copy this Memorandum and Order. The Clerk shall provide the United States Marshals Service with a copy of this Memorandum and Order, and the United States Marshals Service shall notify the Bureau of Prisons of this Memorandum and Order. My chambers shall call this matter to my attention in 120 days. The trial of this matter is continued until further order of the court. The time between today's date and the date of the Bureau of Prisons' submission of its report to the Court is excluded from computation under the Speedy Trial Act in the interests of justice. See 18 U.S.C. § 3161. Ordered by Senior Judge Richard G. Kopf. (GJG)(1 Certified copy to USM; Copy to Probation Officer as directed)
April 23, 2015
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ORDER denying as moot 55 Defendant's Motion to Modify Conditions of Release as to Joseph J. Benz (1). The existing order already encompasses the defendant's possession and use of computer and internet technology to seek and maintain employment. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
July 14, 2015
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ORDER as to defendant Joseph J. Benz. The Clerk of Court shall file Warden Francisco J. Quintanas letter dated June 30, 2015, as a restricted document. The Warden's request for an extension of time is granted. The Clerk of Court shall provide a facsimile copy of this order to the Warden. Ordered by Senior Judge Richard G. Kopf. (GJG)(Copy facsimiled to Warden as directed)
October 19, 2015
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MEMORANDUM AND ORDER as to defendant Joseph J. Benz. The Clerk shall file the evaluation from the Bureau of Prisons as a restricted document. My judicial assistant shall arrange a telephone conference with counsel and me to discuss further progression of this matter. Ordered by Senior Judge Richard G. Kopf. (GJG)
October 27, 2015
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ORDER as to defendant Joseph J. Benz. Defendant shall have 20 days from today's date to file a report of his expert in response to the report received from the Bureau of Prisons (Filing No. 63). Within 7 days thereafter, the parties may file concurrent briefs regarding such reports and Plaintiff's amended motion in limine (Filing No. 48). The motion will be taken under submission at such time; no reply briefs will be filed. The time between the filing of Plaintiff's amended motion in limine (Filing No. 48) and the court's final disposition thereof is excluded from computation under the Speedy Trial Act in the interests of justice. See 18 U.S.C. § 3161. Ordered by Senior Judge Richard G. Kopf. (GJG)
November 12, 2015
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ORDER that no later than Monday, November 23, 2015, the parties may file concurrent briefs regarding the various psychological reports and Plaintiff's amended motion in limine filing number 48. The motion will be taken under submission at such time. No reply briefs will be filed as to Joseph J. Benz (1). Ordered by Senior Judge Richard G. Kopf. (KLF)
November 24, 2015
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MEMORANDUM AND ORDER as to defendant Joseph J. Benz. The government's second motion in limine (filing no. 48) is denied. The defendant may present expert psychological testimony at trial if but only if the defendant proceeds with an insanity defense. On or before December 23, 2015, the defendant shall file an affidavit establishing that he has consulted with counsel at least twice subsequent to this ruling regarding the risks and rewards of pursuing an insanity defense. The affidavit shall also confirm (if it is true) that Benz has been given a copy of, and has personally read and understands, 18 U.S. Code § 4243 and this Memorandum and Order. On Tuesday, December 1, 2015, counsel shall jointly contact my judicial assistant to schedule the "on the record" status conference contemplated by this Memorandum and Order. That status conference should be held over a noon hour and it will take place in the courtroom. It should be scheduled sometime shortly after December 25, 2015, and not before. The time between today's date and the status conference contemplated by this Memorandum and Order shall be excluded from computation under the Speedy Trial Act in the interests of justice. Specially, I make this exclusion in order to provide for the fair and just presentation of the defendants affirmative defense of insanity. 18 U.S. Code § 3161 (h)(7)(A)&(B). Ordered by Senior Judge Richard G. Kopf. (GJG)
May 27, 2016
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ORDER amending 99 "Verdict and Findings of Fact Pursuant to Federal Rule of Criminal Procedure 23(c)," as to defendant Joseph J. Benz. Filing no. 99 is amended such that the doctor's name should be properly spelled, that is, Dr. Dia B. Boutwell, Ph.D. My apologies for this error. Ordered by Senior Judge Richard G. Kopf. (JAB)
May 31, 2016
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MEMORANDUM AND ORDER- The parties shall submit joint and simultaneous briefs no later than July 1, 2016, addressing the foregoing matters, and joint and simultaneous reply briefs addressing the initial briefs no later than July 11, 2016 as to defendant Joseph J. Benz. Ordered by Senior Judge Richard G. Kopf. (MKR)
July 1, 2016
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MEMORANDUM AND ORDER as to defendant Joseph J. Benz. The conviction for the greater offense, Count I of the Indictment alleging a violation of 18 U.S.C. § 2252A(a)(2), is herewith vacated and held for naught. Therefore, the Probation Officer shall prepare a presentence report regarding Count II only. My chambers shall provide J.R. Holder with a copy of this Memorandum and Order. Ordered by Senior Judge Richard G. Kopf. (GJG)
July 11, 2016
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MEMORANDUM AND ORDER that the Verdict and Findings of Fact Pursuant to Federal Rule of Criminal Procedure 23(c) (filing no. 99) is not and will not become effective until the entry of judgment after sentencing. However, the Probation Officer shall prepare the presentence investigation report in accordance with the Verdict and Findings of Fact (filing no. 99) as to defendant Joseph J. Benz. Ordered by Senior Judge Richard G. Kopf. (LAC)
July 12, 2016
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CORRECTED MEMORANDUM AND ORDER as to defendant Joseph J. Benz. This Memorandum and Order corrects filing no. 112. IT IS ORDERED that the Verdict and Findings of Fact Pursuant to Federal Rule of Criminal Procedure 23(c) (filing no. 99) and the Memorandum and Order (filing no. 111) are not and will not become effective until the entry of judgment after sentencing. However, the Probation Officer shall prepare the presentence investigation report in accordance with the Verdict and Findings of Fact (filing no. 99) and the Memorandum and Order (filing no. 111). Ordered by Senior Judge Richard G. Kopf. (GJG)
August 9, 2016
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TENTATIVE FINDINGS regarding Presentence Investigation Report as to defendant Joseph J. Benz. Ordered by Senior Judge Richard G. Kopf. (LAC)
September 8, 2016
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JUDGMENT as to defendant Joseph J. Benz. Defendant was found guilty on Count II of the Indictment and is committed to Probation for a term of 5 years and pay $100 (Paid) Special Assessment. Defendant is ordered to pay Restitution in the amount of $9,999.00. Count I is dismissed on the court's own motion. Final order of Forfeiture forthcoming. Ordered by Senior Judge Richard G. Kopf. (1 Certified copy to USM) (CS)
November 17, 2016
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ORDER - The defendant's unopposed motion for extension of time to file cross appeal (filing no. 137) is granted. The defendant shall file his cross appeal on or before December 21, 2016 as to defendant Joseph J. Benz. Ordered by Senior Judge Richard G. Kopf. (GJG)
December 22, 2016
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ORDER TO WITHDRAW DEFENDANT'S EXHIBITS from Non-jury trial held 05/23/2016 - 05/26/2016 as to defendant Joseph J. Benz. Ordered by Senior Judge Richard G. Kopf. (CS)