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14-3015 - USA v. Amerson et al


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14-3015 - USA v. Amerson et al
February 11, 2014
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ORDER APPOINTING COUNSEL - CJA Counsel is appointed to represent the defendant in this matter as to defendant Yolanda Clemons. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)[4:14-mj-03008-CRZ]
February 11, 2014
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ORDER APPOINTING COUNSEL - CJA Counsel is appointed to represent the defendant in this matter as to defendant Rosland Starks. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)[4:14-mj-03008-CRZ]
February 11, 2014
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ORDER of Detention pending preliminary hearing as to defendant Rosland Starks. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)[4:14-mj-03008-CRZ]
February 11, 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 Thomas Whitlow. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)[4:14-mj-03008-CRZ]
February 13, 2014
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ORDER of Detention pending hearing as to defendant Yolanda Clemons. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)[4:14-mj-03008-CRZ]
February 13, 2014
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ORDER of Detention pending hearing as to defendant Thomas Whitlow. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)[4:14-mj-03008-CRZ]
February 14, 2014
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ORDER APPOINTING COUNSEL - CJA Counsel, Nancy Peterson, is appointed to represent the defendant in this matter as to defendant Isys Jordan. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)[4:14-mj-03008-CRZ]
February 14, 2014
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ORDER APPOINTING COUNSEL - CJA Counsel, Charles Steenson, is appointed to represent the defendant in this matter as to defendant Tempest Amerson. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)[4:14-mj-03008-CRZ]
March 12, 2014
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MEMORANDUM AND ORDER granting Defense counsel's motion to appoint new counsel63 as to defendant Thomas Whitlow. Attorney John C. Vanderslice is hereby withdrawn as counsel. Ordered by Magistrate Judge Cheryl R. Zwart. (E-mailed to John Cambridge)(JAB)
April 11, 2014
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ORDER granting 82 Motion to Continue. As to all defendants, the trial of this case is continued. Status Conference set for 5/20/2014 at 10:00 AM in Courtroom 2, Robert V. Denney Federal Building, 100 Centennial Mall North, Lincoln, NE before Magistrate Judge Cheryl R. Zwart. The time between todays 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. ( Zwart, Cheryl)ORDER granting 82 Motion to Continue. As to all defendants, the trial of this case is continued. Status Conference set for 5/20/2014 at 10:00 AM in Courtroom 2, Robert V. Denney Federal Building, 100 Centennial Mall North, Lincoln, NE before Magistrate Judge Cheryl R. Zwart. The time between todays 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. ( Zwart, Cheryl)ORDER granting 82 Motion to Continue. As to all defendants, the trial of this case is continued. Status Conference set for 5/20/2014 at 10:00 AM in Courtroom 2, Robert V. Denney Federal Building, 100 Centennial Mall North, Lincoln, NE before Magistrate Judge Cheryl R. Zwart. The time between todays 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. ( Zwart, Cheryl)ORDER granting 82 Motion to Continue. As to all defendants, the trial of this case is continued. Status Conference set for 5/20/2014 at 10:00 AM in Courtroom 2, Robert V. Denney Federal Building, 100 Centennial Mall North, Lincoln, NE before Magistrate Judge Cheryl R. Zwart. The time between todays 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. ( Zwart, Cheryl)ORDER granting 82 Motion to Continue. As to all defendants, the trial of this case is continued. Status Conference set for 5/20/2014 at 10:00 AM in Courtroom 2, Robert V. Denney Federal Building, 100 Centennial Mall North, Lincoln, NE before Magistrate Judge Cheryl R. Zwart. The time between todays 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. ( Zwart, Cheryl)
May 5, 2014
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ORDER denying as moot the 73 Motion to Sever as to Rosland Starks (4). Defendant's plea hearing is scheduled for May 6, 2014. Ordered by Magistrate Judge Cheryl R. Zwart. ( MKR)
May 16, 2014
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ORDER upon consultation with counsel and with their agreement, Trial of this matter is set to commence on Friday, June 20, 2014, with the selection of the jury and the taking of evidence. Trial will continue the following week. The court will be in recess on Tuesday, June 24, 2014, in the morning, with a trial session in the afternoon at 1:30 p.m.m Counsel estimate that the trial time will not exceed four trial days. To the extent necessary, the time between June 18, 2014 and June 20, 2014 is excluded under the Speedy Trial Act and in the interest of justice to accomodate the reasonable trial schedules of the defendant, witnesses, the Court and counsel. It is noted that several out-of-state witnesses will be required to attend the trial and the defendant resides out of state as to defendant Thomas Whitlow. ( Jury Trial set for 6/20/2014 at before Senior Judge Richard G. Kopf.) Ordered by Senior Judge Richard G. Kopf. (MKR)
May 27, 2014
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ORDER that Attorney Tregg Lunn 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 Lunn is directed to pay the $20.00 fee or show cause why the fee cannot be paid. As to defendant Yolanda Clemons. (Case Management Deadline set for 6/27/2014.) Ordered by Chief Judge Laurie Smith Camp. (MTB)
June 23, 2014
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AMENDED MEMORANDUM AND ORDER regarding MOTION for Depositions and Request for Hearing 131 as to defendant Thomas Whitlow. Motion Hearing set for 7/15/2014 at 10:00 AM in Courtroom 1, Robert V. Denney Federal Building, 100 Centennial Mall North, Lincoln, NE before Magistrate Judge Cheryl R. Zwart. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
June 23, 2014
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MEMORANDUM AND ORDER A Rule 15(a) evidentiary hearing on the governments motion for depositions, (Filing No. 131), will be held before the undersigned magistrate judge on July 15, 2014, at 10:00 a.m. in Courtroom #2, United States Courthouse, Lincoln, Nebraska. Two hours have been set aside for this hearing. The defendant, defense counsel, and counsel for the government shall be present at this hearing. Pursuant to NECrimR 12.5, copies of all exhibits expected to be offered into evidence during the hearing, except those to be used for impeachment only, shall be delivered to the chambers of the undersigned at least twenty-four (24) hours before the hearing and, at the outset of the hearing, to the extent reasonably possible, the parties shall provide the undersigned and the courtroom deputy with a written list of all witnesses the parties expect to call. Trial of this case remains continued pending the resolution of pretrial motions. As the anticipated evidence is accumulated in this case, the government shall redact all information described in Federal Rule Of Criminal Procedure 49.1(a) from any medical records, or other confidential records, of the government witnesses before the documents are produced to defense counsel. Upon receipt, defense counsel may be discuss the information within the documents with the defendant, but the defendant will not be allowed to retain a copy of any government witness medical or confidential records, even if redacted, absent a court order allowing such disclosure as to defendant Thomas Whitlow. Ordered by Magistrate Judge Cheryl R. Zwart. (MKR)
June 27, 2014
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TENTATIVE FINDINGS OF FACT regarding Presentence Investigation Report as to defendant Yolanda Clemons. Ordered by Judge John M. Gerrard. (GJG)
July 17, 2014
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ORDER finding as moot 160 Court's Oral Motion as to defendant Thomas Whitlow (5). The competency concerns raised by the court, (Filing No. 160), are deemed moot. The defendant is competent. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
July 17, 2014
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ORDER regarding Restricted Document, 165 as to defendant Thomas Whitlow. Following the hearing on July 15, 2014, the court received additional information from the Marshal regarding the defendant's conduct while at the Saline County Jail. (Filing No. 165). This information may be relevant to the issues raised by the government's motion for depositions. (Filing No. 131). 1) The evidentiary record on the government's motion for depositions is not closed.2) On or before July 28, 2014, the parties shall raise any objections to the court taking judicial notice of the records received from the Marshal after the hearing, (Filing No. 165). Absent a timely objection, the records within Filing No. 165 will be received as evidence and will supplement the evidentiary record on the government's motion for depositions.3) If either party objects to receipt of Filing No. 165, a party who wants the court to consider the information therein may request a supplemental evidentiary hearing on the facts and incidents raised in the Filing No. 165 documentation. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
July 28, 2014
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TENTATIVE FINDINGS OF FACT regarding Presentence Investigation Report as to defendant Rosland Starks. Ordered by Judge John M. Gerrard. (MKR)
August 11, 2014
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TENTATIVE FINDINGS OF FACT regarding Presentence Investigation Report as to defendant Tempest Amerson. Ordered by Judge John M. Gerrard. (MKR)
September 5, 2014
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FINDINGS AND RECOMMENDATION that 1)Defendant Whitlow's pro se motion to dismiss (Filing No. 116), be denied in its entirety; and 2)The government's motion for leave to take trial depositions of E.E., E.B., and J.M. (Filing No. 131) be granted, with the parties required to arrange the deposition dates and times to assure that the court is available to monitor the depositions by videoconferencing. ORDER SETTING TRIAL: Jury Trial as to defendant(s) Thomas Whitlow is set for 11/4/2014 at 09:00 AM in Courtroom 1, Robert V. Denney Federal Building, 100 Centennial Mall North, Lincoln, NE before Judge John M. Gerrard. Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl) Modified on 9/8/2014 to correct courtroom number. (JAB)
September 23, 2014
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ORDER - The Magistrate Judge's Findings, Recommendation, and Order (filing 199) are adopted. The defendant's motion to dismiss (filing 116) is denied. The government's Motion to Take Depositions (filing 131) is granted, pursuant to the procedures set forth in the Magistrate Judge's order as to Thomas Whitlow (5). Ordered by Judge John M. Gerrard. ( MKR)
September 30, 2014
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MEMORANDUM AND ORDER as to Thomas Whitlow. The government's motion for an order requiring the defendant's transport to the trial depositions of material witnesses E.B. and E.E, 201, is granted. An evidentiary hearing on the government's motion regarding the trial deposition of material witness, J.M, will be held on 10/6/2014 at 10:00 AM 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. (E-mailed to Marshal by CRZ)(Zwart, Cheryl) Modified on 10/1/2014to reflect certified copy of order taken to USM (CCB).
October 6, 2014
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TENTATIVE FINDINGS OF FACT regarding Presentence Investigation Report as to defendant Isys Jordan. Ordered by Judge John M. Gerrard. (MKR)
October 22, 2014
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ORDER as to defendant Thomas Whitlow. Due to a lack of facilities in Jonesboro, Arkansas, the location for the deposition of E.E. must change. The deposition of the witness/victim set forth in the indictment as "E.E." will be taken at the United States Federal Building in Little Rock, Arkansas, on October 29, 2014 at 1:00 p.m. (CST). Ordered by Magistrate Judge Cheryl R. Zwart. (E-mailed to USM)(JAB)
November 19, 2014
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ORDER as to defendant Thomas Whitlow that defendant's evidentiary objections to co-conspirator testimony are overruled. Pursuant to United States vs. Bell, the government's conditionally-admitted testimony is deemed admitted. The defendant's Rule 29 motion is denied. Ordered by Judge John M. Gerrard. (CCB)
November 20, 2014
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JUDGMENT OF ACQUITTAL as to Thomas Whitlow (5) as to Counts 2-3, 8-12. Upon motion by the defendant and agreement by the government, Counts II, III, VIII, IX, X, XI and XII of the indictment are dismissed as to defendant Thomas Whitlow. Ordered by Judge John M. Gerrard. (1 Certified copy to USM) (CCB)
February 3, 2015
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TENTATIVE FINDINGS OF FACT regarding Presentence Investigation Report as to defendant Thomas Whitlow. Ordered by Judge John M. Gerrard. (MKR)
February 5, 2015
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ORDER- The defendant's unopposed motion to continue sentencing date 288 is granted. Defendant Thomas Whitlow's sentencing is continued to February 27, 2015 at 10:30 a.m., before the undersigned United States District Judge, in Courtroom No. 1, Robert V. Denney United States Courthouse and Federal Building, 100 Centennial Mall North, Lincoln, Nebraska. The defendant shall be present at the hearing as to defendant Thomas Whitlow. Ordered by Judge John M. Gerrard. (MKR)
March 17, 2015
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ORDER permitting the defendant to proceed on appeal in forma pauperis regarding Notice of Appeal 296 as to defendant Thomas Whitlow. Ordered by Judge John M. Gerrard. (MKR)
October 18, 2016
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MEMORANDUM AND ORDER - The defendant's pro se motion to vacate under 28 U.S.C. ยง 2255 (filing 334) is denied. The Court will not issue a certificate of appealability in this matter. A separate judgment will be entered. The Clerk is directed to mail a copy of this Memorandum and Order to the defendant at his last known address as to Thomas Whitlow. Ordered by Judge John M. Gerrard. (Copies mailed as directed to Thomas Whitlow) (KLF) Civil Case 4:16-cv-03108-JMG closed.
November 4, 2016
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ORDER permitting the defendant to proceed on appeal in forma pauperis as to defendant Thomas Whitlow. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party) (KLF)
April 10, 2018
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ORDER - The defendant's appeal is not taken in good faith, and he is not entitled to proceed in forma pauperis on appeal. The Clerk of the Court is directed to forward a copy of this order to the Eighth Circuit Court of Appeals as to defendant Thomas Whitlow. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party) (KLF)