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16-3084 - USA v. Sandoval


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16-3084 - USA v. Sandoval
June 24, 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 Richard Floyd Sandoval. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
June 28, 2016
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ORDER of Detention pending trial as to defendant Richard Floyd Sandoval. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB) Modified on 6/28/2016 to correct hearing. (JAB)
October 17, 2016
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PRELIMINARY ORDER OF FORFEITURE granting 36 Motion for Preliminary Forfeiture as to Richard Floyd Sandoval (1). Based upon the defendant's guilty plea and admission of the forfeiture allegation of the indictment, the plaintiff is authorized to seize the Toshiba Satellite L455D-55976 laptop computer, serial #6A143145K. The defendant's interest in the subject property is forfeited to the plaintiff for disposition in accordance with law, subject to the provisions of 18 U.S.C. § 2253 (incorporating certain provisions of 21 U.S.C. § 853). The subject property is to be held by the plaintiff in its secure custody and control. 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. Ordered by Judge John M. Gerrard. (1 Certified copy to USM) (LAC)
October 28, 2016
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TENTATIVE FINDINGS OF FACT regarding Presentence Investigation Report as to defendant Richard Floyd Sandoval. The defendant has filed an objection 39 to the presentence report. Ordered by Judge John M. Gerrard. (CCB)
November 8, 2016
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ORDER that the government's unopposed Motion to Continue (filing 41) is granted. Defendant Richard Floyd Sandoval's sentencing is continued to December 20, 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)
December 28, 2016
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ORDER that the probation officer's recommendation for a Bureau of Prisons Presentencing Study is granted. Pursuant to 18 U.S.C. § 3552(b) and (c) and 18 U.S.C. § 4244(b), the Bureau of Prisons shall evaluate the defendant and advise the Court, in writing, regarding: a. The defendant's present mental condition. b. The defendant's likely ability to function in a traditional prison environment. c. Whether the Bureau of Prisons can provide the defendant with appropriate medication and mental health treatment if he is incarcerated, including consideration of whether such treatment would be available if the defendant's condition requires him to be kept in protective custody. d. The sentencing alternatives that could best accord the defendant the kind of treatment he needs. e. Any other matters that the Bureau of Prisons believes to be pertinent to the factors set forth in 18 U.S.C. § 3553(a). The Bureau of Prisons' report shall be completed within the time provided by § 3552(b), including reasonable extensions of time. Craig Ford, the U.S. Probation and Pretrial Services officer assigned who prepared the presentence report, shall gather all the pertinent mental health and medical records, together with the presentence report, and provide them to the Bureau of Prisons. Such records shall include the opinion letter authored by the defendant's mental health treatment provider, Dr. Kenneth Downing. Furthermore, Mr. Ford shall facilitate the implementation of this Order and coordinate this case with the Bureau of Prisons. The sentencing hearing is continued until further order of the Court. Upon receipt of the report from the Bureau of Prisons, the Court will enter an order setting a date for sentencing. Copies of this order shall be provided to counsel of record, the United States Marshal, and the Office of Probation and Pretrial Services. The United States Marshal shall maintain custody of the defendant, and advise the Bureau of Prisons of this Order, obtain the designation of when and where the evaluation will be conducted, and transport the defendant to the appropriate facility to carry out the evaluation pursuant to 18 U.S.C. § 3552(b) and (c), and 18 U.S.C. § 4244(b). The defendant shall remain in the custody of the United States Marshal until transport is completed. After that, the Bureau of Prisons shall detain the defendant for such time as is necessary to complete its evaluation of him. Upon completion of the evaluation, the Bureau of Prisons shall advise the Court, and the U.S. Marshal shall then retain custody of the defendant and transport him to court on the date set for sentencing. The Clerk of the Court is directed to set a case management deadline for February 27, 2017, with the following docket text: Check status of defendant's evaluation pursuant to December 28 order as to defendant Richard Floyd Sandoval. Ordered by Judge John M. Gerrard. (Copies mailed as directed and 1 Certified Copy to USM)(LAC) Modified on 12/29/2016 to include certified copy to USM(LAC).
March 15, 2017
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ORDER granting Bureau of Prisons' request for an extension of time. Clerk is directed to provide a copy of this order to the Bureau of Prisons and set a case management deadline for 5/9/2017 to check status of defendant's evaluation pursuant to December 28 order as to defendant Richard Floyd Sandoval. Ordered by Judge John M. Gerrard. (Copies mailed as directed)(CCB)
June 29, 2017
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ORDER granting Government's MOTION for Final Forfeiture as to defendant Richard Floyd Sandoval 45. Toshiba Satellite laptop computer is forever barred and foreclosed and forfeited to the plaintiff. Plaintiff is directed to dispose of the property. Ordered by Judge John M. Gerrard. (1 Certified copy to USM)(CCB)