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16-3051 - USA v. Martinez


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16-3051 - USA v. Martinez
March 28, 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 Fidel Martinez. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)[4:16-mj-03033-CRZ]
March 28, 2016
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ORDER of Detention pending hearing as to defendant Fidel Martinez. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)[4:16-mj-03033-CRZ]
April 25, 2016
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ORDER regarding progression as to defendant Fidel Martinez. Based on the representations of counsel, the case will likely be resolved by a plea of guilty. Accordingly,1) A status conference will be held at 11:00 a.m., on May 12, 2016 in Courtroom 4, United States Courthouse, Lincoln, Nebraska before the undersigned magistrate judge.2) On or before May 5, 2016, counsel shall confer and accomplish reciprocal discovery in accordance with NECrimR 16.1 and Fed.R.Crim.P. 16. Counsel shall disclose discovery as it becomes available and the United States Attorney shall disclose Brady v. Maryland (and its progeny) material as soon as practicable.3) The time between today's date and May 12, 2016 is not excluded under the Speedy Trial Act. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
May 12, 2016
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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 Fidel Martinez. 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. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
May 12, 2016
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ORDER granting 33 Defendant's unopposed Oral Motion as to Fidel Martinez (1). The defendant shall be released to the custody of the state to begin serving a sentence of imprisonment on his state convictions. Upon release from state custody, the U.S. Marshal is commanded to take custody of the above-named defendant to commence serving his federal sentence in the above-captioned case. Ordered by Magistrate Judge Cheryl R. Zwart. (E-mailed to USM)(JAB)
June 1, 2016
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MEMORANDUM AND ORDER as to defendant Fidel Martinez. The Magistrate Judge's Findings and Recommendation on Plea of Guilty 31 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. Ordered by Judge John M. Gerrard. (GJG)
July 26, 2016
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TENTATIVE FINDINGS OF FACT regarding Presentence Investigation Report as to defendant Fidel Martinez. Ordered by Judge John M. Gerrard. (GJG)
August 15, 2016
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JUDGMENT as to defendant Fidel Martinez. Defendant pleaded guilty to count I of the Indictment and is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a term of 70 months; 4 years of Supervised Release with Special Conditions; $100.00 Special Assessment. Ordered by Judge John M. Gerrard. (4 Certified copies to USM)(GJG)