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16-3039 - USA v. Nabavi et al


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16-3039 - USA v. Nabavi et al
May 26, 2016
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ORDER granting 22 Motion to Continue. As to both defendants, the Pretrial Motion Deadline is extended to 6/30/2016, and the time between April 28, 2016 and 6/30/2016 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)
August 1, 2016
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ORDER granting 32 Government's unopposed Motion to Continue as to Rahman M. Nabavi (1) and Isabel M. Mallar (2). Suppression Hearing continued to 9/12/2016 at 09:00 AM in Courtroom 2, Robert V. Denney Federal Building, 100 Centennial Mall North, Lincoln, NE before Magistrate Judge Cheryl R. Zwart. Three hours have been set aside for this hearing. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)ORDER granting 32 Government's unopposed Motion to Continue as to Rahman M. Nabavi (1) and Isabel M. Mallar (2). Suppression Hearing continued to 9/12/2016 at 09:00 AM in Courtroom 2, Robert V. Denney Federal Building, 100 Centennial Mall North, Lincoln, NE before Magistrate Judge Cheryl R. Zwart. Three hours have been set aside for this hearing. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
September 9, 2016
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ORDER as to defendants Rahman M. Nabavi (1) and Isabel M. Mallar (2).1) Defendants' motions to continue, (filing nos. 35 and 36), are granted.2) Part 1 of the evidentiary hearing on defendants' motions to suppress, (filing nos. 24 and 25), will be held before the undersigned magistrate judge on October 19, 2016 at 3:00 p.m. in Courtroom #2, United States Courthouse, Lincoln, Nebraska. Two hours have been set aside for this hearing.3) Part 2 of the evidentiary hearing on defendants' motions to suppress, will be held before the undersigned magistrate judge on November 3, 2016 at 9:00 a.m. in Courtroom #2, United States Courthouse, Lincoln, Nebraska. Three hours have been set aside for this hearing.Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)ORDER as to defendants Rahman M. Nabavi (1) and Isabel M. Mallar (2).1) Defendants' motions to continue, (filing nos. 35 and 36), are granted.2) Part 1 of the evidentiary hearing on defendants' motions to suppress, (filing nos. 24 and 25), will be held before the undersigned magistrate judge on October 19, 2016 at 3:00 p.m. in Courtroom #2, United States Courthouse, Lincoln, Nebraska. Two hours have been set aside for this hearing.3) Part 2 of the evidentiary hearing on defendants' motions to suppress, will be held before the undersigned magistrate judge on November 3, 2016 at 9:00 a.m. in Courtroom #2, United States Courthouse, Lincoln, Nebraska. Three hours have been set aside for this hearing.Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
November 1, 2016
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ORDER granting 41 Defendant's Motion to Modify Conditions of Release as to Rahman M. Nabavi (1). Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
February 13, 2017
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FINDINGS, RECOMMENDATION, AND ORDER - IT THEREFORE HEREBY IS RECOMMENDED to the Honorable John M. Gerrard, United States District Judge, pursuant to 28 U.S.C. § 636(b), that the motion to suppress filed by the defendants (Filing No. 24 & 25) 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 John M. Gerrard, United States District Judge, in Courtroom 4, United States Courthouse, Lincoln, Nebraska, at 9:00 a.m. on March 20, 2017 or as soon thereafter as the case may be called, for a duration of three (3) trial days. Jury selection will be held at the commencement of trial. Ordered by Magistrate Judge Cheryl R. Zwart. (KLF)FINDINGS, RECOMMENDATION, AND ORDER - IT THEREFORE HEREBY IS RECOMMENDED to the Honorable John M. Gerrard, United States District Judge, pursuant to 28 U.S.C. § 636(b), that the motion to suppress filed by the defendants (Filing No. 24 & 25) 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 John M. Gerrard, United States District Judge, in Courtroom 4, United States Courthouse, Lincoln, Nebraska, at 9:00 a.m. on March 20, 2017 or as soon thereafter as the case may be called, for a duration of three (3) trial days. Jury selection will be held at the commencement of trial. Ordered by Magistrate Judge Cheryl R. Zwart. (KLF)
March 13, 2017
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ORDER - The government's Motion for Extension of Time (filing 63) is granted. The government may respond to defendant Nabavi's objection (filing 58) and defendant Mallar's motion to dismiss (filing 60) on or before April 3, 2017. As to both defendants, trial of this case is continued pending resolution of the defendants' pretrial motions. The ends of justice served by granting the motion to continue outweigh the interests of the public and the defendant in a speedy trial. As to both defendants, the additional time arising as a result of the granting of the motion 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 address the defendants' pretrial motions and prepare this case for trial, and failing to grant additional time might result in a miscarriage of justice. See 18 U.S.C. § 3161(h)(1) and (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 defendants Rahman M. Nabavi and Isabel M. Mallar. Ordered by Judge John M. Gerrard. (KLF)ORDER - The government's Motion for Extension of Time (filing 63) is granted. The government may respond to defendant Nabavi's objection (filing 58) and defendant Mallar's motion to dismiss (filing 60) on or before April 3, 2017. As to both defendants, trial of this case is continued pending resolution of the defendants' pretrial motions. The ends of justice served by granting the motion to continue outweigh the interests of the public and the defendant in a speedy trial. As to both defendants, the additional time arising as a result of the granting of the motion 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 address the defendants' pretrial motions and prepare this case for trial, and failing to grant additional time might result in a miscarriage of justice. See 18 U.S.C. § 3161(h)(1) and (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 defendants Rahman M. Nabavi and Isabel M. Mallar. Ordered by Judge John M. Gerrard. (KLF)
March 31, 2017
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MEMORANDUM AND ORDER - The Magistrate Judge's Findings, Recommendation, and Order (filing 56) are adopted. The defendants' objections (filing 58, filing 60) are overruled. The defendants' motions to suppress (filing 24, filing 25) are denied. This matter is referred to the Magistrate Judge for trial scheduling as to defendants Rahman M. Nabavi and Isabel M. Mallar. Ordered by Judge John M. Gerrard. (KLF)MEMORANDUM AND ORDER - The Magistrate Judge's Findings, Recommendation, and Order (filing 56) are adopted. The defendants' objections (filing 58, filing 60) are overruled. The defendants' motions to suppress (filing 24, filing 25) are denied. This matter is referred to the Magistrate Judge for trial scheduling as to defendants Rahman M. Nabavi and Isabel M. Mallar. Ordered by Judge John M. Gerrard. (KLF)
May 2, 2017
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ORDER as to defendants Rahman M. Nabavi (1) and Isabel M. Mallar (2). 1) Defendants' motions to continue, (Filing Nos. 69 and 70), are 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 June 12, 2017.3) As to both defendants, the time between today's date and June 12, 2017, 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 defendants Rahman M. Nabavi (1) and Isabel M. Mallar (2). 1) Defendants' motions to continue, (Filing Nos. 69 and 70), are 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 June 12, 2017.3) As to both defendants, the time between today's date and June 12, 2017, 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 9, 2017
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ORDER as to defendants Rahman M. Nabavi(1) and Isabel M. Mallar (2).1) Defendant Mallar's motion to continue, (Filing No. 72), is granted.2) As to both defendants, Jury Trial continued to 7/31/2017 at 09:00 AM in Courtroom 1, Robert V. Denney Federal Building, 100 Centennial Mall North, Lincoln, NE before Judge John M. Gerrard.3) As to both defendants, the time between today's date and the anticipated hearing/trial is excluded for purposes of computing the limits under 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.4) No further continuances will be granted absent a substantial showing of good cause. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)ORDER as to defendants Rahman M. Nabavi(1) and Isabel M. Mallar (2).1) Defendant Mallar's motion to continue, (Filing No. 72), is granted.2) As to both defendants, Jury Trial continued to 7/31/2017 at 09:00 AM in Courtroom 1, Robert V. Denney Federal Building, 100 Centennial Mall North, Lincoln, NE before Judge John M. Gerrard.3) As to both defendants, the time between today's date and the anticipated hearing/trial is excluded for purposes of computing the limits under 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.4) No further continuances will be granted absent a substantial showing of good cause. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
July 27, 2017
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ORDER as to defendants Rahman M. Nabavi(1) and Isabel M. Mallar (2).1) Defendants' motions to continue, (Filing Nos. 74 and 75), are granted.2) As to both defendants, Jury Trial continued to 8/28/2017 at 09:00 AM in Courtroom 1, Robert V. Denney Federal Building, 100 Centennial Mall North, Lincoln, NE before Judge John M. Gerrard.3) As to both defendants, the time between today's date and August 28, 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 Rahman M. Nabavi(1) and Isabel M. Mallar (2).1) Defendants' motions to continue, (Filing Nos. 74 and 75), are granted.2) As to both defendants, Jury Trial continued to 8/28/2017 at 09:00 AM in Courtroom 1, Robert V. Denney Federal Building, 100 Centennial Mall North, Lincoln, NE before Judge John M. Gerrard.3) As to both defendants, the time between today's date and August 28, 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)
October 10, 2017
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ORDER as to defendants Rahman M. Nabavi (1) and Isabel M. Mallar (2). 1) Defendants' motion to continue, (Filing No. 82), is granted.2) Defendant Nabavi's plea hearing will be held before the undersigned magistrate judge on November 15, 2017 at 11:00 a.m. Defendant is ordered to appear at this hearing.3) Defendant Mallar's plea hearing will be held before the undersigned magistrate judge on November 15, 2017 at 10:30 a.m. Defendant is ordered to appear at this hearing. 4) 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. Failing to timely object to this order as provided under this 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 Rahman M. Nabavi (1) and Isabel M. Mallar (2). 1) Defendants' motion to continue, (Filing No. 82), is granted.2) Defendant Nabavi's plea hearing will be held before the undersigned magistrate judge on November 15, 2017 at 11:00 a.m. Defendant is ordered to appear at this hearing.3) Defendant Mallar's plea hearing will be held before the undersigned magistrate judge on November 15, 2017 at 10:30 a.m. Defendant is ordered to appear at this hearing. 4) 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. Failing to timely object to this order as provided under this 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)
January 26, 2018
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TENTATIVE FINDINGS OF FACT regarding Revised Presentence Investigation Report as to defendant Isabel M. Mallar. Ordered by Judge John M. Gerrard. (KLF)
February 1, 2018
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TENTATIVE FINDINGS regarding Revised Presentence Investigation Report as to defendant Rahman M. Nabavi. Ordered by Judge John M. Gerrard. (KLF)