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15-3114 - USA v. Cervino-Hernandez et al


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15-3114 - USA v. Cervino-Hernandez et al
October 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 Yulio Cervino-Hernandez. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
October 23, 2015
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ORDER APPOINTING COUNSEL - CJA Counsel is appointed to represent the defendant in this matter as to defendant Alexander Castellano-Benitez. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
October 28, 2015
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ORDER of Detention pending trial as to defendant Yulio Cervino-Hernandez. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
November 4, 2015
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ORDER of Detention pending trial as to defendant Alexander Castellano-Benitez. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
November 10, 2015
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ORDER granting 33 Motion to Extend as to Alexander Castellano-Benitez. As to both defendants, pretrial motions and briefs shall be filed on or before December 11, 2015. Ordered by Magistrate Judge Cheryl R. Zwart. ( Zwart, Cheryl)ORDER granting 33 Motion to Extend as to Alexander Castellano-Benitez. As to both defendants, pretrial motions and briefs shall be filed on or before December 11, 2015. Ordered by Magistrate Judge Cheryl R. Zwart. ( Zwart, Cheryl)
December 3, 2015
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ORDER granting motions regarding defendant Yulio Cervino-Hernandez(1) and Alexander Castellano-Benitez (2).1) Defendant Alexander Castellano-Benitez's motions to continue, (filing nos. 37 and 38), are granted.2) As to both defendants, pretrial motions and briefs shall be filed on or before January 7, 2016.3) As to both defendants, trial of this case is continued pending resolution of any pretrial motions filed.4) As to both defendants the time between today's date and January 7, 2016 is excluded for purposes of computing the limits under the Speedy Trial Act. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)ORDER granting motions regarding defendant Yulio Cervino-Hernandez(1) and Alexander Castellano-Benitez (2).1) Defendant Alexander Castellano-Benitez's motions to continue, (filing nos. 37 and 38), are granted.2) As to both defendants, pretrial motions and briefs shall be filed on or before January 7, 2016.3) As to both defendants, trial of this case is continued pending resolution of any pretrial motions filed.4) As to both defendants the time between today's date and January 7, 2016 is excluded for purposes of computing the limits under the Speedy Trial Act. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
January 7, 2016
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ORDER granting 46 Defendant's Motion to continue as to Alexander Castellano-Benitez (2). Pretrial Motion Deadline continued to 2/8/2016. The time between today's date and February 8, 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 19, 2016
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ORDER granting 50 Defendant's Motion to Continue plea as to Alexander Castellano-Benitez (2). Change of Plea Hearing continued to 2/23/2016 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 anticipated hearing 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)
February 3, 2016
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ORDER as to Yulio Cervino-Hernandez(1) and Alexander Castellano-Benitez (2).1) Defendant's motion to continue, (Filing No. 52), is granted.2) Defendant's motion to continue the change of plea hearing, (Filing No. 53), is granted in part. The change of plea hearing is cancelled.3) As to both defendants, pretrial motions and briefs shall be filed on or before March 9, 2016.4) As to both defendants, trial of this case is continued pending resolution of any pretrial motions filed.5) The time between today's date and March 9, 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 Yulio Cervino-Hernandez(1) and Alexander Castellano-Benitez (2).1) Defendant's motion to continue, (Filing No. 52), is granted.2) Defendant's motion to continue the change of plea hearing, (Filing No. 53), is granted in part. The change of plea hearing is cancelled.3) As to both defendants, pretrial motions and briefs shall be filed on or before March 9, 2016.4) As to both defendants, trial of this case is continued pending resolution of any pretrial motions filed.5) The time between today's date and March 9, 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)
March 11, 2016
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MEMORANDUM AND ORDER as to defendants Yulio Cervino-Hernandez (1) and Alexander Castellano-Benitez (2).1) Defendant's motion to continue, (filing no. 55), is granted in part and denied in part. The pretrial motion deadline will be continued 14 days.2) As to both defendants, pretrial motions and briefs shall be filed on or before March 23, 2016.3) As to both defendants, trial of this case remains continued pending resolution of any pretrial motions filed.4) As to both defendants, the time between today's date and March 23, 2016, shall be deemed excludable time in any computation of time under the requirements of the Speedy Trial Act. Failing to timely file an objection to this order as provided in the local rules of this court will be deemed a waiver of any right to later claim the time should not have been excluded under the Speedy Trial Act.5) An evidentiary hearing on defendant Yulio Cervino-Hernandez's motion to suppress, (filing no. 47), will be held before the undersigned magistrate judge on March 30, 2016, at 2:00 p.m. in Courtroom no. 2, United States Courthouse, Lincoln, Nebraska. Three hours have been set aside for this hearing. Ordered by Magistrate Judge Cheryl R. Zwart. ( JAB)MEMORANDUM AND ORDER as to defendants Yulio Cervino-Hernandez (1) and Alexander Castellano-Benitez (2).1) Defendant's motion to continue, (filing no. 55), is granted in part and denied in part. The pretrial motion deadline will be continued 14 days.2) As to both defendants, pretrial motions and briefs shall be filed on or before March 23, 2016.3) As to both defendants, trial of this case remains continued pending resolution of any pretrial motions filed.4) As to both defendants, the time between today's date and March 23, 2016, shall be deemed excludable time in any computation of time under the requirements of the Speedy Trial Act. Failing to timely file an objection to this order as provided in the local rules of this court will be deemed a waiver of any right to later claim the time should not have been excluded under the Speedy Trial Act.5) An evidentiary hearing on defendant Yulio Cervino-Hernandez's motion to suppress, (filing no. 47), will be held before the undersigned magistrate judge on March 30, 2016, at 2:00 p.m. in Courtroom no. 2, United States Courthouse, Lincoln, Nebraska. Three hours have been set aside for this hearing. Ordered by Magistrate Judge Cheryl R. Zwart. ( JAB)
April 28, 2016
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FINDINGS, RECOMMENDATION, AND ORDER to the Honorable John M. Gerrard, United States District Judge, pursuant to 28 U.S.C. § 636(b), that the motions to suppress filed by the defendants (Filing Nos. 47 & 57) be denied in their entirety as to defendants Yulio Cervino-Hernandez and Alexander Castellano-Benitez.- 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.- The jury 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 May 31, 2016 or as soon thereafter as the case may be called, for a duration of three (3) trial days. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)FINDINGS, RECOMMENDATION, AND ORDER to the Honorable John M. Gerrard, United States District Judge, pursuant to 28 U.S.C. § 636(b), that the motions to suppress filed by the defendants (Filing Nos. 47 & 57) be denied in their entirety as to defendants Yulio Cervino-Hernandez and Alexander Castellano-Benitez.- 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.- The jury 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 May 31, 2016 or as soon thereafter as the case may be called, for a duration of three (3) trial days. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
May 3, 2016
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ORDER as to Yulio Cervino-Hernandez(1) and Alexander Castellano-Benitez (2).1) Defendant Castellano-Benitez's motion to continue, (filing no. 72), 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 July 11, 2016.3) As to both defendants, the time between today's date and July 11, 2016, shall be deemed excludable time in any computation of time under the requirements of the Speedy Trial Act.- Failing to timely file an objection to this order as provided in the local rules of this court will be deemed a waiver of any right to later claim the time should not have been excluded under the Speedy Trial Act. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)ORDER as to Yulio Cervino-Hernandez(1) and Alexander Castellano-Benitez (2).1) Defendant Castellano-Benitez's motion to continue, (filing no. 72), 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 July 11, 2016.3) As to both defendants, the time between today's date and July 11, 2016, shall be deemed excludable time in any computation of time under the requirements of the Speedy Trial Act.- Failing to timely file an objection to this order as provided in the local rules of this court will be deemed a waiver of any right to later claim the time should not have been excluded under the Speedy Trial Act. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
May 18, 2016
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MEMORANDUM AND ORDER that the Magistrate Judge's Findings and Recommendation (filing 69) are adopted. The defendant Yulio Cervino-Hernandez's motion to suppress (filing 47) is denied. The defendant Alexander Castellano-Benitez's motion to suppress (filing 57) is denied. Ordered by Judge John M. Gerrard. (LAC)MEMORANDUM AND ORDER that the Magistrate Judge's Findings and Recommendation (filing 69) are adopted. The defendant Yulio Cervino-Hernandez's motion to suppress (filing 47) is denied. The defendant Alexander Castellano-Benitez's motion to suppress (filing 57) is denied. Ordered by Judge John M. Gerrard. (LAC)
August 10, 2016
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ORDER that Defendant's motion to continue, (filing no. 101), is granted. Pretrial motions and briefs shall be filed on or before August 17, 2016. Note: Having already extended the pretrial motion deadline four times, the Court will not grant any further extensions absent a very substantial showing of good cause. Trial of this case remains scheduled to commence on September 12, 2016. The ends of justice served by granting the motion to continue outweigh the interests of the public and the defendant in a speedy trial, and The additional time arising as a result of the granting of the motion, the time between todays date and August 17, 2016 shall be deemed excludable time in any computation of time under the requirements of the Speedy Trial Act, because although counsel have been duly diligent, 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)(6) & (h)(7). Failing to timely file an objection to this order as provided in the local rules of this court will be deemed a waiver of any right to later claim the time should not have been excluded under the Speedy Trial Act as to Alexander Castellano-Benitez. Ordered by Magistrate Judge Cheryl R. Zwart. (LAC)
August 18, 2016
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ORDER granting 104 Motion to Continue as to Alexander Castellano-Benitez (2). Pretrial Motion Deadline continued to 9/19/2016. Trial of this case is continued pending resolution of any pretrial motions filed. The time between today's date and September 19, 2016 shall be deemed excludable time in any computation of time under the requirements of the Speedy Trial Act. Failing to timely file an objection to this order as provided in the local rules of this court will be deemed a waiver of any right to later claim the time should not have been excluded under the Speedy Trial Act. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
September 20, 2016
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ORDER granting 107 Defendant's unopposed Motion to Continue as to Alexander Castellano-Benitez (2). Pretrial Motion Deadline continued to 10/21/2016. 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 28, 2016
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TENTATIVE FINDINGS OF FACT regarding Presentence Investigation Report as to defendant Yulio Cervino-Hernandez. The defendant has objected to the presentece investigation report (filing 110). Ordered by Judge John M. Gerrard. (CCB)
November 4, 2016
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ORDER granting 124 Motion to Continue as to Alexander Castellano-Benitez.Jury Trial set for 1/23/2017 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 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)
April 12, 2017
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TENTATIVE FINDINGS OF FACT regarding Presentence Investigation Report as to defendant Alexander Castellano-Benitez. There are no objections or motions for departure or variance. Ordered by Judge John M. Gerrard. (CCB)
April 21, 2017
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ORDER granting 157 Defendant Alexander Castellano-Benitez's unopposed motion to continue sentencing. Sentencing is continued to 5/1/2017 at 01:30 PM in Courtroom 1, Robert V. Denney Federal Building, 100 Centennial Mall North, Lincoln, NE before Judge John M. Gerrard. Ordered by Judge John M. Gerrard. (CCB) Modified on 4/24/2017 to reflect defendant Alexander Castellano-Benitez (CCB).
August 10, 2017
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ORDER denying 170 Motion for New Trial as to Alexander Castellano-Benitez (2). Ordered by Judge John M. Gerrard. (CCB)
August 16, 2017
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ORDER that counsel's motion to withdraw (filing 177) is denied without prejudice to its reassertion in the Eighth Circuit pursuant to 8th Cir. R. 27B(b) as to Alexander Castellano-Benitez. Ordered by Judge John M. Gerrard. (LAC)
September 5, 2017
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ORDER permitting the defendant to proceed on appeal in forma pauperis as to defendant Alexander Castellano-Benitez. Ordered by Judge John M. Gerrard. (LAC)