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16-3130 - USA v. Gibbs


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16-3130 - USA v. Gibbs
November 22, 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 Gale R. Gibbs. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
December 21, 2016
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ORDER of Detention pending trial as to defendant Gale R. Gibbs. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
January 10, 2017
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ORDER that the Defendant's motion to continue, (Filing No. 26), is granted. Trial of this case is set to commence before the Honorable Richard G. Kopf, Senior United States District Judge, in Courtroom 1, United States Courthouse, Lincoln, Nebraska, at 9:00 a.m. on February 27, 2017, or as soon thereafter as the case may be called, for a duration of four (4) trial days. Jury selection will be held at commencement of trial. Based upon the showing set forth in Defendant's motion and the representations of counsel, the Court further finds that the ends of justice will be served by continuing the trial; and that the purposes served by continuing the trial date in this case outweigh the interest of the defendant and the public in a speedy trial. Accordingly, the additional time arising as a result of the granting of the motion, the time between today's date and February 27, 2017, 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)(7). Failing to timely 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. (LAC)
February 21, 2017
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ORDER granting 29 Defendant's Motion to Continue as to Gale R. Gibbs (1). Jury Trial continued to 5/1/2017 at 09:00 AM in Courtroom 1, Robert V. Denney Federal Building, 100 Centennial Mall North, Lincoln, NE before Senior Judge Richard G. Kopf. The time between today's date and the anticipated trial is excluded for purposes of computing the limits under the Speedy Trial Act. See 18 U.S.C. 3161(h)(1). Failing to timely 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)
July 26, 2017
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MEMORANDUM AND ORDER that sentencing is continued until further order of this court. The progression order deadlines are suspended as well. My chambers will issue a new sentencing order 10 days after receipt of the evaluation. The United States Bureau of Prisons shall designate a medical center for federal prisoners at which the defendant shall be examined pursuant to this order. Upon such designation, the defendant, who is in custody, shall be transported to the place designated by the Bureau of Prisons by the U.S. Marshal. The defendant shall remain at the medical center until released to the U.S. Marshal for return to Nebraska. Pursuant to 18 U.S.C.§ 3552(b)&(c) and 18 U.S.C. §4244(b), the Bureau of Prisons shall evaluate the defendant and advise me in writing regarding the following matters: (a) the present mental status of the defendant; (b) with particular emphasis on avoidance of recidivism and the protection of the public, recommendations for treatment while the defendant is in prison and also while he is on supervised release; and (c) any other matters that Bureau of Prisons or professional consultants believe are pertinent to the sentencing factors set out in 18 U.S.C. § 3553(a). Unless extended by a subsequent order, the evaluation shall be submitted to the court and counsel within 60 days of the defendant being delivered to the medical center. The defendants counsel shall promptly provide the probation officer with copies of any evaluations or medical records counsel has in her possession for which no privilege is claimed. The probation officer assigned to this case (Roy Avalos) is requested to facilitate the implementation of this order and coordinate this case with the Bureau of Prisons. The probation officer shall provide the medical center with all materials the officer believes will assist the medical center in conducting the evaluation, including the indictment, the presentence report, the pretrial release violation documents and the results of the probation officer's additional investigation into the facts related to the dolls. My chambers shall provide a copy of this memorandum and order to the probation officer and the United States Marshals Service. My chambers will calendar this matter for internal review no later than 90 days from this date. Upon receipt of the written report from the Bureau of Prison, I will give the parties an opportunity to comment upon the evaluation as to defendant Gale R. Gibbs. Ordered by Senior Judge Richard G. Kopf. (LAC)
August 3, 2017
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ORDER that the sentencing progression order 40 is vacated. My chambers shall remind me to issue another progression order after the mental evaluation has been received as to defendant Gale R. Gibbs. Ordered by Senior Judge Richard G. Kopf. (MKR)
November 17, 2017
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TENTATIVE FINDINGS OF FACT regarding Revised Presentence Investigation Report as to defendant Gale R. Gibbs. It is ordered that:... (2)The defendant's variance motion 49 will be taken up at sentencing. The defendant's motion to restrict 50 is granted. (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 30, 2017
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JUDGMENT as to defendant Gale R. Gibbs. The defendant pleaded guilty to Count I of the Indictment and is sentenced to the Bureau of Prisons for a term of 37 months, followed by 10 years supervised release with special conditions, and pay $100 special assessment. Defendant is ordered to pay restitution in amount of $3,000. Defendant remanded to the custody of the United States Marshal. Ordered by Senior Judge Richard G. Kopf. (4 Certified copies to USM) (CS)