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15-3037 - USA v. Tran


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15-3037 - USA v. Tran
April 3, 2015
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ORDER of Detention pending hearing as to defendant Scott T. Tran. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)[4:15-mj-03026-CRZ]
April 30, 2015
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ORDER of Detention pending trial as to defendant Scott T. Tran. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
May 12, 2015
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ORDER as to defendant Scott T. Tran. The motion of attorney John S. Berry, Jr. to withdraw as counsel of record for Defendant, (filing no. 37), is granted. The clerk shall delete John S. Berry, Jr. from any future ECF notifications herein. Ordered by Magistrate Judge Cheryl R. Zwart. (GJG)
May 20, 2015
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ORDER re: access to safe deposit box for the purposes of pretrial release as to defendant Scott T. Tran. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB) Modified on 5/22/2015 (JAB)
June 3, 2015
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ORDER granting 51 Motion to Extend as to Scott T. Tran (1)1) Defendant's motion to continue, (filing no. 51), is granted. 2) Pretrial motions and briefs shall be filed on or before June 29, 2015.3) Trial of this case is continued pending resolution of any pretrial motions filed.4) The status conference currently set for June 25, 2015 is continued pending resolution of any pretrial motions filed.5) The time between today's date and June 29, 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)
August 24, 2015
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ORDER granting 56 Defendant's Motion to Continue plea as to Scott T. Tran (1). Change of Plea Hearing continued to 9/10/2015 at 02:00 PM 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 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)
September 9, 2015
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MEMORANDUM AND ORDER that the Defendants motion to continue, (filing no. 59), is granted. The defendant's plea hearing will be held before the undersigned magistrate judge on September 29, 2015 at 2:00 p.m. in Courtroom 2, Robert V. Denney Federal Building, 100 Centennial Mall North, Lincoln, NE. The defendant is ordered to appear at this hearing. For the reasons stated by counsel, the Court finds that the ends of justice served by continuing defendant's plea hearing outweigh the best interest of the defendant and the public in a speedy trial. Accordingly, 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. 18 U.S.C. § 3161(h)(7). Ordered by Magistrate Judge Cheryl R. Zwart. (Copies mailed as directed)(LAC)
September 29, 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 find the defendant guilty of the crime(s) to which the defendant tendered a guilty plea; and that the court not accept the plea agreement at this time, but consider the Rule 11(c)(1)(C) agreement at sentencing as to defendant Scott T. Tran. 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 19, 2015
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MEMORANDUM AND ORDER that the Magistrate Judge's Findings and Recommendation on Plea of Guilty 66 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 Scott T. Tran. Ordered by Judge John M. Gerrard. (LAC)
December 8, 2015
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TENTATIVE FINDINGS regarding the Second Revised Presentence Investigation Report as to defendant(s) Scott T. Tran. Ordered by Judge John M. Gerrard. (KLF)
December 11, 2015
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PRELIMINARY ORDER OF FORFEITURE that the plaintiff's Amended Motion for Preliminary Order of Forfeiture (filing 82) is granted. Based upon the defendant's guilty plea and admission of the forfeiture allegation of the superseding indictment, the plaintiff is authorized to seize items listed in order. The plaintiff's Motion for Preliminary Order of Forfeiture (filing 80) is denied as moot as to defendant Scott T. Tran. Ordered by Judge John M. Gerrard. (1 Certified copy to USM) (LAC)
December 17, 2015
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ORDER that the defendant's unopposed Motion to Continue Sentencing Hearing (filing 84) is granted. Defendant Scott T. Tran's sentencing is continued to January 13, 2016, at 2:00 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. Ordered by Judge John M. Gerrard. (LAC)
January 13, 2016
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AMENDED PRELIMINARY ORDER OF FORFEITURE granting plaintiff's amended motion for preliminary order of forfeiture 82 and oral motion for amended preliminary order of forfeiture 88; court's previous preliminary order of forfeiture 83 is set aside and this amended order replaces it. Based on defendant's guilty plea and admission of the forfeiture allegation of the superseding indictment, the plaintiff is authorized to seize items listed in this order as to Scott T. Tran (1).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 plaintiff's motion for preliminary order of forfeiture 80 is denied as moot. Ordered by Judge John M. Gerrard. (CCB)
June 27, 2016
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ORDER as to defendant Scott T. Tran. The stipulation of the plaintiff and Omaha Marine Center (filing 113) is granted. The plaintiff, through the United States Marshals Service as custodian, has possession of a 2013 Mastercraft Boat, VIN MBC3UFU9C313, and a boat trailer, VIN 19MSB2216D2F50032. Omaha Marine Center has valid liens on the boat and trailer. The Marshal shall sell the boat and trailer, expeditiously and in a commercially reasonable manner. The Marshal shall give notice of any proposed sale to Omaha Marine Center. The Marshal shall allocate the sale proceeds first, to the costs of the sale, and second to Omaha Marine Center in satisfaction of its liens in the amount of $8,013.68. The United States shall tender payment to Omaha Marine Center by way of electronic transfer. The Marshal shall hold the balance of any sale proceeds pending further order of the Court. The Marshal shall file an accounting of the sale proceeds. The Court will dispose of Omaha Marine Center's Third Party Petition for Claim of Interest (filing 100) upon filing of the accounting. Ordered by Judge John M. Gerrard. (1 Certified copy to USM)(GJG)
July 8, 2016
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AMENDED ORDER granting 116 Motion to Amend Order as to Scott T. Tran. The Court's Order of June 16, 2016 112 is amended. The United States Marshals Service shall tender to the Clerk of the Court as set out in the order. The Clerk of the Court shall distribute the funds pursuant to the Court's Amended Judgment in a Criminal Case 97. The Clerk of the Court is directed to provide a certified copy of this order to the United States Marshal. Ordered by Judge John M. Gerrard. (1 Certified copy to USM)( MLF, ) Modified on 7/11/2016 to add "amended". (JAB)
July 11, 2016
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AMENDED ORDER NUNC PRO TUNC as to defendant Scott T. Tran. The plaintiff's Motion to Amend Order (filing 116) is granted. The Court's Order of June 16, 2016 (filing 112) is amended as set forth herein. Ordered by Judge John M. Gerrard. (E-mailed to USM and Finance)(JAB)
July 12, 2016
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ORDER granting 119 Stipulation as to Scott T. Tran (1). The plaintiff, through the U.S. Marshals Service as custodian, has possession of West Shores Lot 109 Block 0 Irreg., Douglas County, Nebraska, locally known as 604 South 249th Circle, Waterloo, Nebraska, 68069. Stormberg Construction has a valid lien on the property. The Marshal shall sell the property, expeditiously and in a commercially reasonable manner. The Marshal shall give notice of any proposed sale to Stormberg Construction. The Marshal shall allocate the sale proceeds first, to the costs of the sale (to include a reasonable sales commission to a Nebraska realtor, if applicable), and second to Stormberg Construction in satisfaction of its lien in the amount of $21,153.00. The United States shall tender payment to Stormberg Construction by way of electronic transfer. The Marshal shall hold the balance of any sale proceeds pending further order of the Court. The Marshal shall file an accounting of the sale proceeds. The Court will dispose of Stormberg Construction's Petition Pursuant to Rule 32.2 of the Federal Rules of Criminal Procedure and 21 U.S.C. § 853(n)(1) (filing 102) upon filing of the accounting. Ordered by Judge John M. Gerrard. (Certified copy to USM) (JSF)
October 4, 2016
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ORDER - Omaha Marine Center's Third Party Petition for Claim of Interest (filing 100) is granted. The petition is deemed satisfied. Ordered by Judge John M. Gerrard. (KLF)
November 1, 2016
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ORDER granting 147 Motion to Continue. The hearing on the Bryan Tran's Petition in Opposition to Forfeiture 108 will be held on December 9, 2016 at 09:00 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. ( Zwart, Cheryl)
January 12, 2017
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FINDINGS AND RECOMMENDATION - to the Honorable John M. Gerrard, United States District Judge, pursuant to 28 U.S.C. § 636(b), that Claimant Bryan Tran Opposition to Forfeiture, (Filing No. 108), be overruled and the United States' Motion to Dismiss Bryan Tran's opposition to forfeiture, (Filing No. 125), be granted. Claimant Bryan Tran is 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. Ordered by Magistrate Judge Cheryl R. Zwart. (KLF)
February 3, 2017
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ORDER that the Magistrate Judge's findings and recommendation (filing 155) are adopted. The government's motion to dismiss (filing 125) is granted. Bryan Tran's petition in opposition to forfeiture (filing 108) is overruled as to defendant Scott T. Tran. Ordered by Judge John M. Gerrard. (LAC)
March 17, 2017
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ORDER as to defendant Scott T. Tran. Stormberg Construction's petition (filing 102) is granted. The petition is deemed satisfied. Ordered by Judge John M. Gerrard. (GJG)
March 17, 2017
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ORDER as to defendant Scott T. Tran. The plaintiff's Motion to Transfer Funds for Application to Restitution Order (filing 158) is granted. The United States Marshals Service shall tender to the Clerk of the Court the net sales proceeds of $622,725.20 that it is holding following the sale of West Shores Lot 109, Block 0 Irreg., Douglas County, Nebraska, locally known as 604 South 249th Circle, Waterloo, Nebraska, 68069. The United States Marshals Service shall tender to the Clerk of the Court the $35,000.00 seized from US Bank account number 151705973221. Upon receiving those sums, the Clerk of the Court shall distribute them pursuant to the Court's Amended Judgment in a Criminal Case (filing 97). The Clerk of the Court is directed to provide a certified copy of this order to the United States Marshal. Ordered by Judge John M. Gerrard. (1 Certified copy to USM; copy e-mailed to finance)(GJG)
December 19, 2017
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ORDER that counsel for Government shall either withdraw the following exhibits previously submitted on 12/09/16 in this matter within 14 calendar days of the date of this order or show cause why the exhibit should not be destroyed as to defendant Scott Tran/claimant Bryan Tran. If counsel fails to withdraw the exhibits as directed or to show cause why the exhibits should not be destroyed, the clerk's office is directed to destroy the listed exhibits without further notice to the parties or order from the court. Ordered by Judge John M. Gerrard. (CCB)