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16-3038 - USA v. Garcia et al


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16-3038 - USA v. Garcia et al
February 25, 2016
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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 Oscar J. Garcia. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)[4:16-mj-03020-CRZ]
February 25, 2016
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ORDER APPOINTING COUNSEL - CJA Counsel is appointed to represent the defendant in this matter as to defendant Marilyn M. Prado. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)[4:16-mj-03020-CRZ]
February 25, 2016
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ORDER APPOINTING COUNSEL - CJA Counsel is appointed to represent the defendant in this matter as to defendant Victor M. Avalos. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)[4:16-mj-03020-CRZ]
February 25, 2016
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ORDER APPOINTING COUNSEL - CJA Counsel is appointed to represent the defendant in this matter as to defendant Carolina B. Lara. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)[4:16-mj-03020-CRZ]
March 3, 2016
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ORDER of Detention pending hearing as to defendant Oscar J. Garcia. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)[4:16-mj-03020-CRZ]
March 3, 2016
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ORDER of Detention pending hearing as to defendant Victor M. Avalos. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)[4:16-mj-03020-CRZ]
March 10, 2016
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ORDER APPOINTING COUNSEL - Michael D. Nelson is appointed as CJA Counsel to represent the defendant in this matter as to defendant Cristobal I. Yucupicio. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)[4:16-mj-03020-CRZ]
March 10, 2016
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ORDER of Detention pending disposition as to defendant Cristobal I. Yucupicio. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)[4:16-mj-03020-CRZ]
March 12, 2016
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ORDER granting 58 Motion to Withdraw as Attorney as to Oscar J. Garcia. Ordered by Magistrate Judge Cheryl R. Zwart. ( Zwart, Cheryl)[4:16-mj-03020-CRZ]
March 17, 2016
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ORDER as to Oscar J. Garcia (1), Marilyn M. Prado (2), Cristobal I. Yucupicio (3), Victor M. Avalos (4), Carolina B. Lara (5).1) Defendant Avalos's motion to continue, (filing no. 64), is granted.2) As to all defendants, the preliminary hearing of this case is set tocommence before the undersigned in Courtroom 1, United StatesCourthouse, Lincoln, Nebraska, at 2:00 p.m. on March 31, 2016.3) The court will prove call in instructions by separate order for any defendant on release and their counsel's participation in the hearing.4) As to all defendants, the time between today's date and March 31,2016, shall be deemed excludable time in any computation of timeunder the requirements of the Speedy Trial Act.- Failing to timely file an objection to this order as provided in thelocal rules of this court will be deemed a waiver of any right to laterclaim the time should not have been excluded under the Speedy Trial Act. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)[4:16-mj-03020-CRZ]ORDER as to Oscar J. Garcia (1), Marilyn M. Prado (2), Cristobal I. Yucupicio (3), Victor M. Avalos (4), Carolina B. Lara (5).1) Defendant Avalos's motion to continue, (filing no. 64), is granted.2) As to all defendants, the preliminary hearing of this case is set tocommence before the undersigned in Courtroom 1, United StatesCourthouse, Lincoln, Nebraska, at 2:00 p.m. on March 31, 2016.3) The court will prove call in instructions by separate order for any defendant on release and their counsel's participation in the hearing.4) As to all defendants, the time between today's date and March 31,2016, shall be deemed excludable time in any computation of timeunder the requirements of the Speedy Trial Act.- Failing to timely file an objection to this order as provided in thelocal rules of this court will be deemed a waiver of any right to laterclaim the time should not have been excluded under the Speedy Trial Act. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)[4:16-mj-03020-CRZ]ORDER as to Oscar J. Garcia (1), Marilyn M. Prado (2), Cristobal I. Yucupicio (3), Victor M. Avalos (4), Carolina B. Lara (5).1) Defendant Avalos's motion to continue, (filing no. 64), is granted.2) As to all defendants, the preliminary hearing of this case is set tocommence before the undersigned in Courtroom 1, United StatesCourthouse, Lincoln, Nebraska, at 2:00 p.m. on March 31, 2016.3) The court will prove call in instructions by separate order for any defendant on release and their counsel's participation in the hearing.4) As to all defendants, the time between today's date and March 31,2016, shall be deemed excludable time in any computation of timeunder the requirements of the Speedy Trial Act.- Failing to timely file an objection to this order as provided in thelocal rules of this court will be deemed a waiver of any right to laterclaim the time should not have been excluded under the Speedy Trial Act. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)[4:16-mj-03020-CRZ]ORDER as to Oscar J. Garcia (1), Marilyn M. Prado (2), Cristobal I. Yucupicio (3), Victor M. Avalos (4), Carolina B. Lara (5).1) Defendant Avalos's motion to continue, (filing no. 64), is granted.2) As to all defendants, the preliminary hearing of this case is set tocommence before the undersigned in Courtroom 1, United StatesCourthouse, Lincoln, Nebraska, at 2:00 p.m. on March 31, 2016.3) The court will prove call in instructions by separate order for any defendant on release and their counsel's participation in the hearing.4) As to all defendants, the time between today's date and March 31,2016, shall be deemed excludable time in any computation of timeunder the requirements of the Speedy Trial Act.- Failing to timely file an objection to this order as provided in thelocal rules of this court will be deemed a waiver of any right to laterclaim the time should not have been excluded under the Speedy Trial Act. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)[4:16-mj-03020-CRZ]ORDER as to Oscar J. Garcia (1), Marilyn M. Prado (2), Cristobal I. Yucupicio (3), Victor M. Avalos (4), Carolina B. Lara (5).1) Defendant Avalos's motion to continue, (filing no. 64), is granted.2) As to all defendants, the preliminary hearing of this case is set tocommence before the undersigned in Courtroom 1, United StatesCourthouse, Lincoln, Nebraska, at 2:00 p.m. on March 31, 2016.3) The court will prove call in instructions by separate order for any defendant on release and their counsel's participation in the hearing.4) As to all defendants, the time between today's date and March 31,2016, shall be deemed excludable time in any computation of timeunder the requirements of the Speedy Trial Act.- Failing to timely file an objection to this order as provided in thelocal rules of this court will be deemed a waiver of any right to laterclaim the time should not have been excluded under the Speedy Trial Act. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)[4:16-mj-03020-CRZ]
March 31, 2016
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ORDER denying 52 Motion to Review as to Oscar J. Garcia. Ordered by Magistrate Judge Cheryl R. Zwart. ( Zwart, Cheryl)
April 28, 2016
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ORDER granting Motions to Extend 76, 77, and 78. As to all defendants, the Pretrial Motion Deadline is extended to 5/31/2016. The time between 4/28/2016 and 5/31/2016 is excluded in any computation of time under the Speedy Trial Act in the interest of justice. Ordered by Magistrate Judge Cheryl R. Zwart. ( Zwart, Cheryl)ORDER granting Motions to Extend 76, 77, and 78. As to all defendants, the Pretrial Motion Deadline is extended to 5/31/2016. The time between 4/28/2016 and 5/31/2016 is excluded in any computation of time under the Speedy Trial Act in the interest of justice. Ordered by Magistrate Judge Cheryl R. Zwart. ( Zwart, Cheryl)ORDER granting Motions to Extend 76, 77, and 78. As to all defendants, the Pretrial Motion Deadline is extended to 5/31/2016. The time between 4/28/2016 and 5/31/2016 is excluded in any computation of time under the Speedy Trial Act in the interest of justice. Ordered by Magistrate Judge Cheryl R. Zwart. ( Zwart, Cheryl)ORDER granting Motions to Extend 76, 77, and 78. As to all defendants, the Pretrial Motion Deadline is extended to 5/31/2016. The time between 4/28/2016 and 5/31/2016 is excluded in any computation of time under the Speedy Trial Act in the interest of justice. Ordered by Magistrate Judge Cheryl R. Zwart. ( Zwart, Cheryl)ORDER granting Motions to Extend 76, 77, and 78. As to all defendants, the Pretrial Motion Deadline is extended to 5/31/2016. The time between 4/28/2016 and 5/31/2016 is excluded in any computation of time under the Speedy Trial Act in the interest of justice. Ordered by Magistrate Judge Cheryl R. Zwart. ( Zwart, Cheryl)
July 12, 2016
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ORDER granting 109 Motion for Leave as to Victor M. Avalos. Ordered by Magistrate Judge Cheryl R. Zwart. ( Zwart, Cheryl)ORDER granting 109 Motion for Leave as to Victor M. Avalos. Ordered by Magistrate Judge Cheryl R. Zwart. ( Zwart, Cheryl)
July 28, 2016
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ORDER as to defendant Cristobal I. Yucupicio (1). The defendant's unopposed motion to continue sentencing (filing no. 117), which is currently set for August 25, 2016, is granted. The defendant's sentencing is continued to Wednesday, September 21, 2016, at 12:30 p.m., before the undersigned United States district judge, in Courtroom No. 2, Robert V. Denney United States Courthouse and Federal Building, 100 Centennial Mall North, Lincoln, Nebraska. The defendant shall be present unless excused by the court. Ordered by Senior Judge Richard G. Kopf. (GJG)
October 20, 2016
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JUDGMENT as to defendant Cristobal I. Yucupicio. Defendant pleaded guilty to Count I of the Indictment and is committed to the custody of the Bureau of Prisons for a term of 120 months followed by 5 years supervised release with special conditions, and pay $100 Special Assessment. Defendant remanded to the custody of the U.S. Marshal. Ordered by Senior Judge Richard G. Kopf. (4 Certified copies to USM) (CS)
January 3, 2017
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TENTATIVE FINDINGS OF FACT regarding Revised Presentence Investigation Report as to defendant Oscar J. Garcia. It is ordered that:... (2)There are no objections or motions that require resolution at sentencing.(3)Except to the extent (if at all) that I have sustained an objection or granted a motion or reserved an issue for later resolution in the preceding paragraph, the parties are herewith notified that my tentative findings are that the presentence report is correct in all respects. ETC. Ordered by Senior Judge Richard G. Kopf. (KLL, )
January 5, 2017
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ORDER as to defendants Victor M. Avalos and Carolina B. Lara. On or before January 20, 2017, Defendants shall submit briefs on the issue of the scope of consent to search the vehicle. Response from the Government must be filed by February 3, 2017. No reply briefs shall be filed absent leave of the court. Ordered by Magistrate Judge Cheryl R. Zwart. (GJG)ORDER as to defendants Victor M. Avalos and Carolina B. Lara. On or before January 20, 2017, Defendants shall submit briefs on the issue of the scope of consent to search the vehicle. Response from the Government must be filed by February 3, 2017. No reply briefs shall be filed absent leave of the court. Ordered by Magistrate Judge Cheryl R. Zwart. (GJG)
March 3, 2017
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ORDER - The plaintiff's motion to dismiss criminal case against Defendant Marilyn M. Prado (filing no. 212) is granted without prejudice. Ordered by Senior Judge Richard G. Kopf. (1 Certified copy to USM)(GJG)
March 20, 2017
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FINDINGS AND RECOMMENDATION AND ORDER as to defendants Victor M. Avalos and Carolina B. Lara. IT THEREFORE HEREBY IS RECOMMENDED to the Honorable Richard G. Kopf, Senior United States District Judge, pursuant to 28 U.S.C. § 636(b), that the motion to suppress filed by the defendants (Filing Nos. 84 & 90) be denied in their entirety. The defendant 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. IT IS ORDERED that the jury trial of this case is set to commence before Richard G. Kopf, Senior United States District Judge, in Courtroom 1, United States Courthouse, Lincoln, Nebraska, at 9:00 a.m. on May 8, 2017 or as soon thereafter as the case may be called, for a duration of five (5) trial days. Jury selection will be held at the commencement of trial. Ordered by Magistrate Judge Cheryl R. Zwart. (GJG)FINDINGS AND RECOMMENDATION AND ORDER as to defendants Victor M. Avalos and Carolina B. Lara. IT THEREFORE HEREBY IS RECOMMENDED to the Honorable Richard G. Kopf, Senior United States District Judge, pursuant to 28 U.S.C. § 636(b), that the motion to suppress filed by the defendants (Filing Nos. 84 & 90) be denied in their entirety. The defendant 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. IT IS ORDERED that the jury trial of this case is set to commence before Richard G. Kopf, Senior United States District Judge, in Courtroom 1, United States Courthouse, Lincoln, Nebraska, at 9:00 a.m. on May 8, 2017 or as soon thereafter as the case may be called, for a duration of five (5) trial days. Jury selection will be held at the commencement of trial. Ordered by Magistrate Judge Cheryl R. Zwart. (GJG)
April 12, 2017
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ORDER as to defendants Victor M. Avalos(5) and Carolina B. Lara(4). All parties need a final ruling on the motion to suppress to know how to prepare for trial.1) The government's response to Defendant Avalos' objection, (Filing No. 218), shall be filed on or before April 17, 2017.2) As to both defendants, 5-day Jury Trial continued to 6/19/2017 at 09:00 AM in Courtroom 1, Robert V. Denney Federal Building, 100 Centennial Mall North, Lincoln, NE before Senior Judge Richard G. Kopf.3) As to both defendants, the time between today's date and June 19, 2017, shall be deemed excludable time in any computation of time under the requirements of the Speedy Trial Act. Failing to object to this order as provided under the court's local rules 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 defendants Victor M. Avalos(5) and Carolina B. Lara(4). All parties need a final ruling on the motion to suppress to know how to prepare for trial.1) The government's response to Defendant Avalos' objection, (Filing No. 218), shall be filed on or before April 17, 2017.2) As to both defendants, 5-day Jury Trial continued to 6/19/2017 at 09:00 AM in Courtroom 1, Robert V. Denney Federal Building, 100 Centennial Mall North, Lincoln, NE before Senior Judge Richard G. Kopf.3) As to both defendants, the time between today's date and June 19, 2017, shall be deemed excludable time in any computation of time under the requirements of the Speedy Trial Act. Failing to object to this order as provided under the court's local rules 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)
April 12, 2017
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ORDER of Detention pending trial as to defendant Victor M. Avalos. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
April 27, 2017
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MEMORANDUM AND ORDER- The Magistrate Judge's findings and recommendation 214 are adopted. Defendants' statements of objections (Filing Nos. 215, 218) are denied in all respects. Defendants' motions to suppress (Filing Nos. 84, 90) are denied in their entirety as to Victor M. Avalos and Carolina B. Lara. Ordered by Senior Judge Richard G. Kopf. (MKR)MEMORANDUM AND ORDER- The Magistrate Judge's findings and recommendation 214 are adopted. Defendants' statements of objections (Filing Nos. 215, 218) are denied in all respects. Defendants' motions to suppress (Filing Nos. 84, 90) are denied in their entirety as to Victor M. Avalos and Carolina B. Lara. Ordered by Senior Judge Richard G. Kopf. (MKR)
October 25, 2017
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TENTATIVE FINDINGS OF FACT regarding Modified Presentence Investigation Report and Addendum, as to defendant Victor M. Avalos. It is ordered that:... (2)The defendant's objections to paragraphs 47 and 48 268, the defendant's motion for departure 266 and the defendant's motion for variance 267 will be resolved at sentencing. (3)Except to the extent (if at all) that I have sustained an objection or granted a motion or reserved an issue for later resolution in the preceding paragraph, the parties are herewith notified that my tentative findings are that the presentence report is correct in all respects. ETC. Ordered by Senior Judge Richard G. Kopf. (KLL, )
October 25, 2017
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TENTATIVE FINDINGS OF FACT regarding Modified Presentence Investigation Report as to defendant Carolina B. Lara. It is ordered that:... (2)The defendant's motions for departure or variance 261 262 will be resolved at sentencing.(3)Except to the extent (if at all) that I have sustained an objection or granted a motion or reserved an issue for later resolution in the preceding paragraph, the parties are herewith notified that my tentative findings are that the presentence report is correct in all respects. ETC. Ordered by Senior Judge Richard G. Kopf. (KLL, )
November 9, 2017
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JUDGMENT as to defendant Victor M. Avalos. Defendant pleaded guilty to Count I of Information and is sentenced to Probation for a term of 5 years with special conditions and pay $100 special assessment. The Indictment is dismissed on the motion of the United States. Ordered by Senior Judge Richard G. Kopf. (1 Certified copy to USM) (CS)