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14-3125 - USA v. Tarrence


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14-3125 - USA v. Tarrence
February 9, 2015
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ORDER denying 24 Motion to Compel and denying 25 Motion for Bill of Particulars. The trial of this case is set to commence before John M. Gerrard, United States District Judge, in Courtroom 1, United States Courthouse, Lincoln, Nebraska, at 9:00 a.m. on March 2, 2015. Ordered by Magistrate Judge Cheryl R. Zwart. ( Zwart, Cheryl)
March 4, 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 Gary Tarrence. Ordered by Judge John M. Gerrard. (CCB)
March 13, 2015
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ORDER granting 85 Motion to Withdraw as Attorney as to Gary Tarrence. Ordered by Magistrate Judge Cheryl R. Zwart. ( Zwart, Cheryl)
April 1, 2015
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TENTATIVE FINDINGS OF FACT regarding Presentence Investigation Report as to defendant Gary Tarrence. Ordered by Judge John M. Gerrard. (MKR)
May 20, 2015
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ORDER granting the Defendant's97 Motion to Continue trial as to Gary Tarrence (1). A telephonic conference to set a new trial date will be held before the undersigned magistrate judge on May 27, 2015, at 9:00 a.m. Counsel shall be prepared to inform the court of any scheduling conflicts, including those of material witnesses. Counsel for the government shall place the call. Based upon the showing set forth in the defendants motion and the representations of counsel, the Court further finds that the ends of justice will be served by continuing the trial; and that the purposes served by continuing the trial date in this case outweigh the interest of the defendant and the public in a speedy trial. Accordingly, the additional time arising as a result of the granting of the motion, the time between todays date and May 27, 2015, shall be deemed excludable time in any computation of time under the requirements of the Speedy Trial Act, because despite counsels due diligence, additional time is needed to adequately prepare this case for trial and failing to grant additional time might result in a miscarriage of justice. 18 U.S.C. § 3161(h)(1) & (h)(7). Ordered by Magistrate Judge Cheryl R. Zwart. ( MKR)
July 13, 2015
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ORDER granting in part the defendant's 107 Motion in Limine as to Gary Tarrence (1). The government shall not refer to the anonymous tip that instigated law enforcement's contact with the defendant as a "Crimestoppers" tip. The balance of the defendant's motion in limine is denied. The parties shall instruct their witnesses to abide by the provisions of this order. Ordered by Judge John M. Gerrard. ( MKR)
August 18, 2015
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TENTATIVE FINDINGS OF FACT regarding Presentence Investigation Report as to defendant Gary Tarrence. Ordered by Judge John M. Gerrard. (MKR)
August 26, 2015
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ORDER granting the defendant's Unopposed 135 Motion to Continue Sentencing as to Gary Tarrence (1). Defendant Gary Tarrence's sentencing is continued to October 1, 2015, at 9:30 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. Ordered by Judge John M. Gerrard. ( MKR)
October 16, 2015
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ORDER granting the United States' Motion for Issuance of Preliminary Order of Forfeiture 132 is hereby denied in part and sustained in part as to Gary Tarrence (1). Based upon the trial held July 14 to July 17, 2015, the United States is authorized to seize the $5,892.00 seized from the Defendant's residence on April 15, 2014. The Defendant's interest in this $5,892.00 is forfeited to the United States for disposition in accordance with the law, subject to the provisions of 21 U.S.C. § 853(n)(1). This $5,892.00 is to be held by the United States in its secure custody and control. Pursuant to 21 U.S.C. § 853(n)(1), the United States shall publish for at least 30 consecutive days on an official internet government forfeiture site, www.forfeiture.gov, notice of this Order. The United States may also, to the extent practicable, provide direct written notice to any person known to have an interest in the currency to this Order as a substitute for published notice as to those persons so notified. Upon adjudication of all third-party interests, this Court will enter a Final Order of Forfeiture pursuant to 21 U.S.C. § 853(n), in which all interests will be addressed. The U.S. Marshals Service shall return the $224,000.00 in its possession to the persons from whom it was seized, David Tarrence and Tamara Geis, by delivering it to the trust account of their attorney of record, Timothy P. Sullivan. Ordered by Judge John M. Gerrard. (1 Certified copy to USM)(MKR)
November 9, 2015
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ORDER as to Gary Tarrence. The claimants' objection (filing 152) is sustained. The custodian of trial exhibits 102, 120, 121, 122, 123, 124, and 224 shall not destroy the exhibits without the permission of the Court. The government shall provide a copy of this order to the appropriate custodian at the Lincoln Police Department. Ordered by Judge John M. Gerrard. (GJG)
November 18, 2015
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AMENDED ORDER - The claimants' objection (filing 152) is sustained. The custodian of trial exhibits 102, 120, 121, 122, 123, 124, and 224 shall not destroy the exhibits without the permission of the Court. Nothing in this order shall be construed as prohibiting the Lincoln Police Department from returning the exhibits to David Tarrence or Tamara Geis should the Department deem it appropriate to do so. The government shall provide a copy of this order to the appropriate custodian at the Lincoln Police Department as to defendant Gary Tarrence. Ordered by Judge John M. Gerrard. (MKR)
April 10, 2017
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ORDER granting 161 Request for Transcript (Non-Party). The clerk's office is directed to mail a copy of this order to the party requesting the transcript as to Gary Tarrence (1). Ordered by Judge John M. Gerrard. (Copy mailed to requestor)(CCB) Modified on 4/10/2017 to unrestrict access (CCB).