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15-3027 - USA v. Oramas et al


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15-3027 - USA v. Oramas et al
March 23, 2015
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ORDER APPOINTING COUNSEL - CJA Counsel is appointed to represent the defendant in this matter as to defendant Angel A. Oramas. Ordered by Magistrate Judge Cheryl R. Zwart. (NMW)
March 23, 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 Jorge E. Tsuhako. Ordered by Magistrate Judge Cheryl R. Zwart. (NMW)
March 23, 2015
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ORDER APPOINTING COUNSEL - CJA Counsel is appointed to represent the defendant in this matter as to defendant Vilma E. Fernandez. Ordered by Magistrate Judge Cheryl R. Zwart. (NMW)
March 23, 2015
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ORDER APPOINTING COUNSEL - CJA Counsel is appointed to represent the defendant in this matter as to defendant Anyier Paladon. Ordered by Magistrate Judge Cheryl R. Zwart. (NMW)
March 23, 2015
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ORDER APPOINTING COUNSEL - CJA Counsel is appointed to represent the defendant in this matter as to defendant Elain Cartaya. Ordered by Magistrate Judge Cheryl R. Zwart. (NMW)
March 23, 2015
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ORDER APPOINTING COUNSEL - CJA Counsel is appointed to represent the defendant in this matter as to defendant Yusnel Abreu Lamas. Ordered by Magistrate Judge Cheryl R. Zwart. (NMW)
March 30, 2015
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ORDER of Detention pending trial as to defendant Angel A. Oramas. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
April 24, 2015
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ORDER as to Angel A. Oramas (1). The defendant's motion to review detention, (filing no. 58), is denied without prejudice to re-filing, if appropriate, in accordance with the requirements described in this order. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
April 27, 2015
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ORDER as to all defendants.1) The motions to continue, (filing nos. 61 & 62), are granted. 2) As to all defendants, pretrial motions and briefs shall be filed on or before May 22, 2015.3) As to all defendants, trial of this case is continued pending resolution of any pretrial motions filed.4) As to all defendants, the time between today's date and May 22, 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 all defendants.1) The motions to continue, (filing nos. 61 & 62), are granted. 2) As to all defendants, pretrial motions and briefs shall be filed on or before May 22, 2015.3) As to all defendants, trial of this case is continued pending resolution of any pretrial motions filed.4) As to all defendants, the time between today's date and May 22, 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 all defendants.1) The motions to continue, (filing nos. 61 & 62), are granted. 2) As to all defendants, pretrial motions and briefs shall be filed on or before May 22, 2015.3) As to all defendants, trial of this case is continued pending resolution of any pretrial motions filed.4) As to all defendants, the time between today's date and May 22, 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 all defendants.1) The motions to continue, (filing nos. 61 & 62), are granted. 2) As to all defendants, pretrial motions and briefs shall be filed on or before May 22, 2015.3) As to all defendants, trial of this case is continued pending resolution of any pretrial motions filed.4) As to all defendants, the time between today's date and May 22, 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 all defendants.1) The motions to continue, (filing nos. 61 & 62), are granted. 2) As to all defendants, pretrial motions and briefs shall be filed on or before May 22, 2015.3) As to all defendants, trial of this case is continued pending resolution of any pretrial motions filed.4) As to all defendants, the time between today's date and May 22, 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 all defendants.1) The motions to continue, (filing nos. 61 & 62), are granted. 2) As to all defendants, pretrial motions and briefs shall be filed on or before May 22, 2015.3) As to all defendants, trial of this case is continued pending resolution of any pretrial motions filed.4) As to all defendants, the time between today's date and May 22, 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)
June 3, 2015
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ORDER granting 73 Motion to Continue.1) Defendant Angel Oramas' motion to continue, (filing no. 73), is granted.2) As to all 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, 2015.3) As to all 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 granting 73 Motion to Continue.1) Defendant Angel Oramas' motion to continue, (filing no. 73), is granted.2) As to all 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, 2015.3) As to all 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 granting 73 Motion to Continue.1) Defendant Angel Oramas' motion to continue, (filing no. 73), is granted.2) As to all 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, 2015.3) As to all 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 granting 73 Motion to Continue.1) Defendant Angel Oramas' motion to continue, (filing no. 73), is granted.2) As to all 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, 2015.3) As to all 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 granting 73 Motion to Continue.1) Defendant Angel Oramas' motion to continue, (filing no. 73), is granted.2) As to all 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, 2015.3) As to all 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 granting 73 Motion to Continue.1) Defendant Angel Oramas' motion to continue, (filing no. 73), is granted.2) As to all 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, 2015.3) As to all 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 15, 2015
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ORDER of Detention pending trial as to defendant Yusnel Abreu Lamas. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
July 17, 2015
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ORDER granting 87 Defendant's unopposed Email Motion as to Jorge E. Tsuhako (2). Change of Plea Hearing continued to 8/7/2015 at 10:30 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 the district court judge's acceptance or rejection of the anticipated plea of guilty shall be excluded for speedy trial calculation purposes. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
August 4, 2015
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ORDER granting 121 Defendant's Email Motion as to Jorge E. Tsuhako (2). Change of Plea Hearing continued to 9/2/2015 at 10:30 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 the district court judge's acceptance or rejection of the anticipated plea of guilty shall be excluded for speedy trial calculation purposes. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
August 18, 2015
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MEMORANDUM AND ORDER that the Magistrate Judge's Findings and Recommendation on a Guilty Plea are adopted. The defendant is found guilty. The plea is accepted. The Court finds that the plea of guilty is knowing, intelligent, and voluntary, and that a factual basis exists for the plea. The Court defers acceptance of any plea agreement until the time of sentencing, pursuant to Fed. R. Crim. P. 11(c)(3). Unless otherwise stated at the time of sentencing, any plea agreement will be deemed accepted upon the pronouncement of the judgment and sentence. This case shall proceed to sentencing as to defendant Elain Cartaya. Ordered by Judge John M. Gerrard. (Copies mailed as directed)(LAC)
August 18, 2015
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MEMORANDUM AND ORDER that the Magistrate Judge's Findings and Recommendation on a Guilty Plea are adopted. The plea is rejected. The Court finds that no factual basis exists for the plea. The plea agreement is rejected. This case shall proceed to trial as to defendant Vilma E. Fernandez. Ordered by Judge John M. Gerrard. (Copies mailed as directed)(LAC)
August 19, 2015
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FINDINGS AND RECOMMENDATION ON PLEA OF GUILTY to the Honorable John M. Gerrard, United States District Judge, that after de novo review, the court accept the guilty plea and plea agreement, and find the defendant guilty of the crime to which the defendant tendered a guilty plea as to defendant Angel A. Oramas. If any party desires to object to the findings and recommendation, they shall do so no later than 14 calendar days following the date of the filing of the plea transcript, or the audio recording of the proceeding, whichever is earlier. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
August 24, 2015
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ORDER granting 119 Motion for Leave as to Vilma E. Fernandez (3).1) The defendant's motion to file late notice of her intent to introduce expert evidence relating to her mental condition, (Filing No. 119), is granted.2) In light of Defendant's late notice, the parties need additional time to investigate this case and review discovery. As such, the trial of this case, currently set for September 8, 2015, is continued.3) A telephonic status conference with the undersigned magistrate judge will be held in chambers on September 4, 2015 at 9:00 a.m. to discuss further case scheduling. 4) The time between today's date and September 4, 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)
September 1, 2015
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ORDER granting 154 Defendant's unopposed Oral Motion to continue plea as to Jorge E. Tsuhako (2). Change of Plea Hearing continued to 9/16/2015 at 04:00 PM 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. (JAB)
September 9, 2015
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MEMORANDUM AND ORDER that the Magistrate Judge's Findings and Recommendation on Plea of Guilty 144 are adopted. The defendant is found guilty. The plea is accepted. The Court finds that the plea of guilty is knowing, intelligent, and voluntary, and that a factual basis exists for the plea. The Court defers acceptance of any plea agreement until the time of sentencing, pursuant to Fed. R. Crim. P. 11(c)(3). Unless otherwise stated at the time of sentencing, any plea agreement will be deemed accepted upon the pronouncement of the judgment and sentence. This case shall proceed to sentencing as to defendant Angel A. Oramas. Ordered by Judge John M. Gerrard. (Copies mailed as directed)(LAC)
September 16, 2015
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FINDINGS AND RECOMMENDATION ON PLEA OF GUILTY to the Honorable John M. Gerrard, United States District Judge, that after de novo review, the court accept the guilty plea and plea agreement and find the defendant guilty of the crime to which the defendant tendered a guilty plea as to defendant Jorge E. Tsuhako. If any party desires to object to the findings and recommendation, they shall do so no later than 14 calendar days following the date of the filing of the plea transcript, or the audio recording of the proceeding, whichever is earlier. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
October 9, 2015
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TENTATIVE FINDINGS regarding Presentence Investigation Report as to defendant Elain Cartaya. Ordered by Judge John M. Gerrard. (Copies mailed as directed) (LAC)
October 9, 2015
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TENTATIVE FINDINGS regarding Presentence Investigation Report as to defendant Anyier Paladon. Ordered by Judge John M. Gerrard. (Copies mailed as directed) (LAC)
October 14, 2015
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ORDER granting 167 Motion for Medical/Mental Examination as to Vilma E. Fernandez. -- A status conference before the undersigned magistrate judge will be held in Courtroom 2, Robert V. Denney Federal Building, 100 Centennial Mall North, Lincoln, Nebraska on November 17, 2015 at 3:00 p.m. to discuss the progress in completing the mental health examination, discovery, and disclosures required under this order. -- Defendant Fernandez, her counsel, and counsel for the government shall appear at the hearing. -- In the interest of justice, the time between todays date and November 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. ( Zwart, Cheryl)
October 15, 2015
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MEMORANDUM AND ORDER that the Magistrate Judge's Findings and Recommendation on Plea of Guilty 163 are adopted. The defendant is found guilty. The plea is accepted. The Court finds that the plea of guilty is knowing, intelligent, and voluntary, and that a factual basis exists for the plea. The Court defers acceptance of any plea agreement until the time of sentencing, pursuant to Fed. R. Crim. P. 11(c)(3). Unless otherwise stated at the time of sentencing, any plea agreement will be deemed accepted upon the pronouncement of the judgment and sentence. This case shall proceed to sentencing as to defendant Jorge E. Tsuhako. Ordered by Judge John M. Gerrard. (LAC)
October 22, 2015
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ORDER that the defendant's unopposed Motion to Continue sentencing (filing 177) is granted. Defendant Angel A. Oramas' sentencing is continued to January 22, 2016, 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. Ordered by Judge John M. Gerrard. (LAC)
October 23, 2015
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TENTATIVE FINDINGS regarding Presentence Investigation Report as to defendant Yusnel Abreu Lamas. Ordered by Judge John M. Gerrard. (Copies mailed as directed) (LAC)
October 23, 2015
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ORDER granting 181 Oral Motion as to Yusnel Abreu Lamas (6). After conferring with counsel for the government, defense counsel, and the probation officer assigned to Defendant Lamas sentencing, the defendant's Sentencing is reset for 10/29/2015 at 12:00 PM in Courtroom 2, Robert V. Denney Federal Building, 100 Centennial Mall North, Lincoln, NE before Judge John M. Gerrard. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
October 28, 2015
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PRELIMINARY ORDER OF FORFEITURE that the plaintiff's Motion for Preliminary Order of Forfeiture (filing 184) is granted. Based upon the defendant's guilty plea and admission of the forfeiture allegation of the indictment, the plaintiff is authorized to seize (1) the White 2002 Ford F250 Super Duty pick up, VIN # 1FTNF12EC88010, Nebraska license # TVC324, registered to Jorge Aleman Tsuhako, 4228 Harrison St., Omaha, NE; and (2) the White H & H utility trailer, model 4WH TC 16 2, VIN # 533TC1621EC232807, Nebraska license # 22X-4679, registered to Jorge Aleman Tsuhako, 407 E. 13th St., Crete, NE. The defendant's interest in the property is forfeited to the plaintiff for disposition in accordance with law, subject to the provisions of 18 U.S.C. §§ 982(a)(2)(B) and 1029(c)(1)(C). The property is to be held by the plaintiff in its secure custody and control. Upon adjudication of all third-party interests, this Court will enter a final order of forfeiture pursuant to 18 U.S.C. §§ 982(a)(2)(B) and 1029(c)(1)(C), in which all interests will be addressed as to Jorge E. Tsuhako (2). Ordered by Judge John M. Gerrard. (1 Certified copy to USM) (LAC)
November 4, 2015
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ORDER that the defendant's Unopposed Motion to Continue Sentencing Hearing (filing 192) is granted. Defendant Jorge E. Tsuhako's sentencing is continued to January 8, 2016, at 3:00 p.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 Jorge E. Tsuhako. Ordered by Judge John M. Gerrard. (LAC)
November 20, 2015
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ORDER as to defendant Vilma E. Fernandez.1) On or before January 8, 2016, the defendant shall make herself available to participate in an independent examination by the government's retained expert, Mario Scolora.2) A status hearing will be held at 10:30 a.m. on January 20, 2016 before the undersigned magistrate judge in Courtroom 2, United States Courthouse and Federal Building, 100 Centennial Mall North, Lincoln, Nebraska to discuss case progression and a potential trial setting. The defendant, her attorney, and the attorney for the government shall attend the hearing.3) The time between today's date and January 20, 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)
December 14, 2015
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TENTATIVE FINDINGS OF FACT regarding Presentence Investigation Report as to defendant Jorge E. Tsuhako. Ordered by Judge John M. Gerrard. (LAC)
December 16, 2015
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ORDER as to defendant Angel A. Oramas.1) Defendant's motion for release, (Filing No. 226), is denied. 2) The defendant remains committed to the custody of the Attorney General. 3) Defendant's sentence is re-scheduled, and will be held before John M. Gerrard, United States District Judge, in Courtroom 1, United States Courthouse, Lincoln, Nebraska, at 1:00 p.m. on December 30, 2015. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
December 23, 2015
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TENTATIVE FINDINGS OF FACT regarding Presentence Investigation Report as to defendant Angel A. Oramas. Ordered by Judge John M. Gerrard. (LAC)
February 8, 2016
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FINAL ORDER OF FORFEITURE - The plaintiff's Motion for Final Order of Forfeiture (filing 283) is granted as to Jorge E. Tsuhako. All right, title, and interest in and to (1) the White 2002 Ford F250 Super Duty pick up, VIN # 1FTNF12EC88010, Nebraska license # TVC324, registered to Jorge Aleman Tsuhako, 4228 Harrison St., Omaha, NE; and (2) the White H & H utility trailer, model 4WH TC 16 2, VIN # 533TC1621EC232807, Nebraska license # 22X-4679, registered to Jorge Aleman Tsuhako, 407 E. 13th St., Crete, NE.; held by any person or entity are forever barred and foreclosed. The property is forfeited to the plaintiff. The plaintiff is directed to dispose of the property in accordance with law. Ordered by Judge John M. Gerrard. (LAC)
February 26, 2016
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MEMORANDUM AND ORDER - IT IS ORDERED that the defendant's Motion for Extension of Time to File Notice of Appeal (filing 291) is denied as to Jorge E. Tsuhako. Ordered by Judge John M. Gerrard. ( TCL)
March 21, 2016
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ORDER that the plaintiff's Motion to Partially Vacate Forfeiture Orders (filing 294) is granted. That part of the Court's Preliminary Order of Forfeiture (filing 185) forfeiting the defendant's interest in the White 2002 Ford F250 Super Duty truck is vacated. That part of the Court's Final Order of Forfeiture (filing 284) forfeiting the White 2002 Ford F250 Super Duty truck to the plaintiff is vacated. The plaintiff is directed to deliver the White 2002 Ford F250 Super Duty truck to the defendant, or his designee, without cost to the recipient. All other portions of the Court's Preliminary Order of Forfeiture (filing 185) and Final Order of Forfeiture (filing 284) remain in full force and effect as to defendant Jorge E. Tsuhako. Ordered by Judge John M. Gerrard. (LAC)
April 4, 2016
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TENTATIVE FINDINGS regarding Presentence Investigation Report as to defendant Vilma E. Fernandez. Ordered by Judge John M. Gerrard. (LAC)
October 24, 2016
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MEMORANDUM AND ORDER - The defendant's pro se motion to vacate under 28 U.S.C. § 2255 (filing 309) 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 Jorge E. Tsuhako. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party) (KLF)
May 10, 2017
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ORDER APPOINTING COUNSEL - CJA Counsel is appointed to represent the defendant in this matter as to defendant Yusnel Abreu Lamas. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
May 10, 2017
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ORDER of Detention pending revocation as to defendant Yusnel Abreu Lamas. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
August 10, 2017
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ORDER that the Government's unopposed Motion to Continue dispositional hearing (filing 330) is granted. Defendant Yusnel Abreu Lamas' violation of supervised release hearing is continued to November 3, 2017, at 10:00 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. (LAC)
December 12, 2017
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ORDER that the Government's unopposed Motion to Continue Dispositional Hearing (filing 333) is granted. Defendant Yusnel Abreu Lamas' violation of supervised release hearing is continued to February 2, 2018, 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. Ordered by Judge John M. Gerrard. (LAC)