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14-3114 - USA v. Hernandez et al


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14-3114 - USA v. Hernandez et al
January 13, 2015
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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 Freddy Hernandez, Jr. Ordered by Magistrate Judge Cheryl R. Zwart. (CCB)
February 20, 2015
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ORDER as to defendants Sonia Hernandez (1) and Freddy Hernandez Jr. (2).1) Government's unopposed motion to continue, (filing no. 49), is granted.2) The evidentiary hearing on defendants' motions to suppress, (filing nos. 40 and 42), will be held before the undersigned magistrate judge on April 13, 2015 at 9:00 a.m. in Courtroom #2, United States Courthouse, Lincoln, Nebraska. Three hours have been set aside for this hearing. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)ORDER as to defendants Sonia Hernandez (1) and Freddy Hernandez Jr. (2).1) Government's unopposed motion to continue, (filing no. 49), is granted.2) The evidentiary hearing on defendants' motions to suppress, (filing nos. 40 and 42), will be held before the undersigned magistrate judge on April 13, 2015 at 9:00 a.m. in Courtroom #2, United States Courthouse, Lincoln, Nebraska. Three hours have been set aside for this hearing. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
May 11, 2015
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FINDINGS, RECOMMENDATION AND ORDER to the Honorable John M. Gerrard, that Sonia Hernandez' Motion to Suppress (Filing No. 42) and Freddy Hernandez', Jr's Motion to Suppress (Filing No. 40) should be denied. The defendants are notified that failing to file an objection to this recommendation as provided in the local rules of this court may be held to be a waiver of any right to appeal the court's adoption of the recommendation. 5-day Jury Trial set June 15, 2015 at 9:00 AM before John M. Gerrard, United States District Judge, in Courtroom 1, United States Courthouse, Lincoln, Nebraska. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)FINDINGS, RECOMMENDATION AND ORDER to the Honorable John M. Gerrard, that Sonia Hernandez' Motion to Suppress (Filing No. 42) and Freddy Hernandez', Jr's Motion to Suppress (Filing No. 40) should be denied. The defendants are notified that failing to file an objection to this recommendation as provided in the local rules of this court may be held to be a waiver of any right to appeal the court's adoption of the recommendation. 5-day Jury Trial set June 15, 2015 at 9:00 AM before John M. Gerrard, United States District Judge, in Courtroom 1, United States Courthouse, Lincoln, Nebraska. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
June 2, 2015
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ORDER regarding defendants Sonia Hernandez(1) and Freddy Hernandez Jr.(2). 1) Defendant Freddy Hernandez Jr.'s motion to continue, (Filing No. 68), is granted.2) Defendant Freddy Hernandez Jr.'s objection to the findings and recommendation on his motion to suppress, (Filing No. 64), shall be filed on or before June 22, 2015. 3) As to both defendants, the trial of this case is set to commence before the Honorable John M. Gerrard, United States District Judge, in Courtroom 1, United States Courthouse, Lincoln, Nebraska, at 9:00 a.m. on August 17, 2015. 4) As to both defendants, the time between today's date and August 17, 2015, 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)ORDER regarding defendants Sonia Hernandez(1) and Freddy Hernandez Jr.(2). 1) Defendant Freddy Hernandez Jr.'s motion to continue, (Filing No. 68), is granted.2) Defendant Freddy Hernandez Jr.'s objection to the findings and recommendation on his motion to suppress, (Filing No. 64), shall be filed on or before June 22, 2015. 3) As to both defendants, the trial of this case is set to commence before the Honorable John M. Gerrard, United States District Judge, in Courtroom 1, United States Courthouse, Lincoln, Nebraska, at 9:00 a.m. on August 17, 2015. 4) As to both defendants, the time between today's date and August 17, 2015, 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)
July 20, 2015
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MEMORANDUM AND ORDER as to defendants Sonia Hernandez and Freddy Hernandez, Jr. Defendant Sonia Hernandez's Motion for Leave to join in her co-defendant's objections (filing 76) is granted. The Court adopts the Magistrate Judge's Findings and Recommendation (filing 64). The defendants' objections (filing 74) are overruled. The defendants' motions to suppress (filings 40 and 42) are denied. Ordered by Judge John M. Gerrard. (MBM)MEMORANDUM AND ORDER as to defendants Sonia Hernandez and Freddy Hernandez, Jr. Defendant Sonia Hernandez's Motion for Leave to join in her co-defendant's objections (filing 76) is granted. The Court adopts the Magistrate Judge's Findings and Recommendation (filing 64). The defendants' objections (filing 74) are overruled. The defendants' motions to suppress (filings 40 and 42) are denied. Ordered by Judge John M. Gerrard. (MBM)
July 27, 2015
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ORDER regarding Sonia Hernandez and Freddy Hernandez Jr.1) Defendant Sonia Hernandez' motion to continue, (filing no. 78), is granted.2) As to both defendants, Jury Trial is continued to 10/19/2015 at 09:00 AM in Courtroom 1, Robert V. Denney Federal Building, 100 Centennial Mall North, Lincoln, NE before Judge John M. Gerrard.3) As to both defendants, 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)ORDER regarding Sonia Hernandez and Freddy Hernandez Jr.1) Defendant Sonia Hernandez' motion to continue, (filing no. 78), is granted.2) As to both defendants, Jury Trial is continued to 10/19/2015 at 09:00 AM in Courtroom 1, Robert V. Denney Federal Building, 100 Centennial Mall North, Lincoln, NE before Judge John M. Gerrard.3) As to both defendants, 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)
September 3, 2015
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ORDER APPOINTING COUNSEL - Defendant Sonia Hernandez is no longer able to afford counsel, and is eligible for appointed counsel pursuant to the Criminal Justice Act. To avoid unnecessary delay and provide continuity of representation, the court requests that Michael D. Nelson be appointed to represent Sonia Hernandez. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
October 6, 2015
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ORDER as to Sonia Hernandez (1) and Freddy Hernandez Jr. (2).1) Defendant Freddy Hernandez's motion to continue, (filing no. 86), is granted. 2) As to both defendants, the trial of this case is set to commence before the Honorable John M. Gerrard, United States District Judge, in Courtroom 1, United States Courthouse, Lincoln, Nebraska, at 9:00 a.m. on December 14, 2015.3) As to both defendants, the time between today's date and December 14, 2015, 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)ORDER as to Sonia Hernandez (1) and Freddy Hernandez Jr. (2).1) Defendant Freddy Hernandez's motion to continue, (filing no. 86), is granted. 2) As to both defendants, the trial of this case is set to commence before the Honorable John M. Gerrard, United States District Judge, in Courtroom 1, United States Courthouse, Lincoln, Nebraska, at 9:00 a.m. on December 14, 2015.3) As to both defendants, the time between today's date and December 14, 2015, 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)
October 20, 2015
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ORDER of Detention pending trial as to defendant Freddy Hernandez, Jr. Ordered by Senior Judge Richard G. Kopf. (CS)
November 25, 2015
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ORDER as to Sonia Hernandez (1) and Freddy Hernandez, Jr.(2)1) Defendant Sonia Hernandez' motion to continue, (filing no. 97), is granted.2) As to both defendants, the trial of this case is set to commence before the Honorable John M. Gerrard, United States District Judge, in Courtroom 1, United States Courthouse, Lincoln, Nebraska, at 9:00 a.m. on January 25, 2016.3) As to both defendants, the time between today's date and January 25, 2016, 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)ORDER as to Sonia Hernandez (1) and Freddy Hernandez, Jr.(2)1) Defendant Sonia Hernandez' motion to continue, (filing no. 97), is granted.2) As to both defendants, the trial of this case is set to commence before the Honorable John M. Gerrard, United States District Judge, in Courtroom 1, United States Courthouse, Lincoln, Nebraska, at 9:00 a.m. on January 25, 2016.3) As to both defendants, the time between today's date and January 25, 2016, 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)
January 14, 2016
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ORDER as to Sonia Hernandez (1) and Freddy Hernandez, Jr.(2)1) The governments motion to continue, (filing no. 104), is granted.2) As to both defendants, the trial of this case is set to commence before the Honorable John M. Gerrard, United States District Judge, in Courtroom 1, United States Courthouse, Lincoln, Nebraska, at 9:00 a.m. on March 7, 2016.3) As to both defendants, the time between today's date and March 7, 2016, 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. (LAC)ORDER as to Sonia Hernandez (1) and Freddy Hernandez, Jr.(2)1) The governments motion to continue, (filing no. 104), is granted.2) As to both defendants, the trial of this case is set to commence before the Honorable John M. Gerrard, United States District Judge, in Courtroom 1, United States Courthouse, Lincoln, Nebraska, at 9:00 a.m. on March 7, 2016.3) As to both defendants, the time between today's date and March 7, 2016, 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. (LAC)
January 20, 2016
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ORDER as to Freddy Hernandez Jr. (2).1) Defendant's motion to reschedule, (filing no. 108), is granted.2) The defendant's change of plea hearing will be held before the undersigned magistrate judge on January 25, 2016 at 1:00 p.m. The defendant is ordered to appear at this hearing.3) A hearing on the defendant's motion to modify conditions of release (filing 106) will also be held before the undersigned magistrate judge on January 25, 2016 at 1:00 p.m. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
January 26, 2016
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ORDER granting 106 Defendant's Motion to Modify Conditions of Release as to Freddy Hernandez Jr. (2). Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
February 18, 2016
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ORDER granting 123 Motion to Continue as to defendant Sonia Hernandez. Jury Trial set for 5/9/2016 at 09:00 AM in Courtroom 1, Robert V. Denney Federal Building, 100 Centennial Mall North, Lincoln, NE before Judge John M. Gerrard.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) Modified on 2/19/2016 to add defendant's name. (JAB)
April 5, 2016
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TENTATIVE FINDINGS regarding Presentence Investigation Report as to defendant Freddy Hernandez, Jr. Ordered by Judge John M. Gerrard. (LAC)
August 12, 2016
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ORDER granting 148 Defendant's Motion to Continue Trial as to Sonia Hernandez (1). Jury Trial is continued to 10/17/2016 at 09:00 AM in Courtroom 1, Robert V. Denney Federal Building, 100 Centennial Mall North, Lincoln, NE before Judge John M. Gerrard. 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. (CCB)
October 4, 2016
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ORDER granting 151 Motion to Continue as to Sonia Hernandez. Jury Trial set for 12/12/2016 at 09:00 AM in Courtroom 1, Robert V. Denney Federal Building, 100 Centennial Mall North, Lincoln, NE before Judge John M. Gerrard. The time between todays 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. ( Zwart, Cheryl)