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17-3036 - USA v. Rodriguez


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17-3036 - USA v. Rodriguez
April 26, 2017
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ORDER of Detention pending trial as to defendant Aurelio Martinez Rodriguez. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
May 30, 2017
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ORDER that the Defendant's motion to continue, (Filing No. 16), is granted. Pretrial motions and briefs shall be filed on or before July 28, 2017. 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 August 21, 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 commencement of trial. The ends of justice served by granting the motion to continue outweigh the interests of the public and the defendant in a speedy trial, and the additional time arising as a result of the granting of the motion, the time between today's date and August 21, 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 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 as to defendant Aurelio Martinez Rodriguez. Ordered by Magistrate Judge Cheryl R. Zwart. (LAC)
August 18, 2017
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ORDER regarding 29 Motion to Withdraw as Attorney as to Aurelio Martinez Rodriguez (1). Ms. Mora James remains counsel for Defendant pending furtherorder of the court. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
August 29, 2017
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ORDER denying Motion to Withdraw as Attorney29 as to defendant Aurelio Martinez Rodriguez (1). To avoid interruption and delay, and to provide continuity in Defendant's representation, the court hereby appoints S. A. Mora James as counsel for Defendant pursuant to the Criminal Justice Act, 18 U.S.C. § 3006A(a)(1). Ordered by Magistrate Judge Cheryl R. Zwart. (E-mailed to FPD)(JAB)
September 6, 2017
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ORDER granting 36 Motion to Continue as to Aurelio Martinez Rodriguez. Jury Trial set for 11/27/2017 at 09:00 AM in Courtroom 1, Robert V. Denney Federal Building, 100 Centennial Mall North, Lincoln, NE before Judge John M. Gerrard. Pretrial Motion Deadline set for 10/27/2017. The time between todays date and the anticipated hearing/trial 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)
November 16, 2017
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ORDER granting 38 Defendant's Motion to Continue as to Aurelio Martinez Rodriguez (1). Jury Trial continued to 1/8/2018 at 09:00 AM in Courtroom 1, Robert V. Denney Federal Building, 100 Centennial Mall North, Lincoln, NE before Judge John M. Gerrard. 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 object to this order as provided under the courts 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)
December 29, 2017
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ORDER as to defendant Aurelio Martinez Rodriguez that the plaintiff's Motion for Preliminary Order of Forfeiture 51 is granted. Ordered by Judge John M. Gerrard. (MBM)
February 16, 2018
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TENTATIVE FINDINGS OF FACT regarding Presentence Investigation Report as to defendant Aurelio Martinez Rodriguez. Ordered by Judge John M. Gerrard. (LAC)
March 12, 2018
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FINAL ORDER OF FORFEITURE that the plaintiff's Motion for Final Order of Forfeiture (filing 58) is granted. All right, title, and interest in $11,584.72 and $25,000.00 in United States Currency, held by any person or entity, is hereby forever barred and foreclosed. The property described above is forfeited to the plaintiff. The plaintiff is directed to dispose of the property described above in accordance with law as to defendant Aurelio Martinez Rodriguez. Ordered by Judge John M. Gerrard. (1 Certified copy to USM)(LAC)
July 11, 2018
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ORDER as to defendant Aurelio Martinez Rodriguez. The defendant's motion for the return of seized property 67 is granted in part. The defendant's motion for the return of his Motorola cell phone is denied. The Motorola cell phone shall not be released to the defendant at this time. The defendant's counsel shall retrieve the defendant's returnable possessions from the Lincoln Police Department's Property Room within 14 days of the issuance of this Order, or at her earliest possible convenience. The government shall provide a copy of this Order to the Lincoln Police Department's Property Room on or before Monday, July 16, 2018. Ordered by Judge John M. Gerrard. (MBM)