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17-3068 - USA v. Vargas


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17-3068 - USA v. Vargas
June 27, 2017
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ORDER APPOINTING COUNSEL - CJA Counsel is appointed to represent the defendant in this matter as to defendant Francisco Diaz Vargas. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
July 20, 2017
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ORDER denying 17 Motion for Disclosure as to Francisco Diaz Vargas. Ordered by Magistrate Judge Cheryl R. Zwart. ( Zwart, Cheryl)
August 16, 2017
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ORDER granting 22 Defendant's Motion to Continue Trial as to Francisco Diaz Vargas (1). Jury Trial continued to 10/2/2017 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. 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)
September 5, 2017
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ORDER - that the trial of this case remains 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 October 2, 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 as to defendant Francisco Diaz Vargas. Ordered by Magistrate Judge Cheryl R. Zwart. (KLF)
September 20, 2017
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ORDER - Mr. Monzon's oral motion to withdraw is granted and Mr. Monzon will have no further responsibility for this case except as provided herein. However, Mr. Monzon should promptly advise his former client of this event and shall cooperate fully with the defendant's new counsel. If the defendant wishes to retain his own counsel, he shall promptly do so. Mr. Monzon shall advise the defendant of this provision. This matter is referred to Magistrate Judge Zwart for a new trial setting and for the appointment of counsel if that is necessary. The time between today's date and the new trial date is excluded from computation under the Speedy Trial Act in the interests of justice and specifically to allow new counsel to get up to speed. See 18 U.S.C. ยง 3161. The Clerk shall provide Judge Zwart with a copy of this order as to defendant Francisco Diaz Vargas. Ordered by Senior Judge Richard G. Kopf. (E-mailed to Magistrate Judge Zwart) (KLF)
September 27, 2017
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ORDER as to defendant Francisco Diaz Vargas. It is ordered that Defendant Francisco Diaz Vargas, Mr. Monzon and Mr. Klein shall appear before me for an In Court Hearing concerning defense counsel on 10/2/2017 at 01:30 PM in Courtroom 2, Robert V. Denney Federal Building, 100 Centennial Mall North, Lincoln, NE before Senior Judge Richard G. Kopf. Mr. Monzon shall take care to notify Mr. Diaz Vargas. Ordered by Senior Judge Richard G. Kopf. (KLL, )
October 2, 2017
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MEMORANDUM AND ORDER that my previous order (filing no. 26) stands. That is, Mr. Monzon's earlier oral motion to withdraw as counsel which I previously granted may not be revoked despite the waiver of Francisco Diaz Vargas. The matter is referred to Magistrate Judge Zwart for a new trial setting and for the appointment of counsel if that is necessary as to defendant Francisco Diaz Vargas. Ordered by Senior Judge Richard G. Kopf. (LAC)
October 5, 2017
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ORDER APPOINTING COUNSEL as to defendant Francisco Diaz Vargas. Defendant's retained counsel, Carlos Monzon, was required to withdraw due to a conflict of interest. Attorney Korey Reiman is appointed to represent the above named defendant in this matter and shall promptly file an entry of appearance on behalf of Defendant. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
May 17, 2018
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TENTATIVE FINDINGS OF FACT regarding Presentence Investigation Report as to defendant Francisco Diaz Vargas. It is ordered that:... (2)There are no objections or motions that require resolution at sentencing.(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)
May 25, 2018
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JUDGMENT as to as to defendant Francisco Diaz Vargas. Defendant pleaded guilty to Count I of the Indictment and is sentenced to the custody of the Bureau of Prisons for a term of 37 months, followed by 3 years supervised release with special conditions, and pay $100 (Paid) special assessment. Count II of the Indictment is dismissed on the motion of the United States. The defendant is released on the same terms and conditions previously ordered. Defendant shall surrender for service of sentence on the date, time, and place designated by the Bureau of Prisons no earlier than 60 days from 05/24/2018. Ordered by Senior Judge Richard G. Kopf. (4 Certified copies to USM) (CS)