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17-3089 - USA v. Mazzulla et al


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17-3089 - USA v. Mazzulla et al
July 25, 2017
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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 Rodney P. Mazzulla. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
July 25, 2017
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ORDER of Detention pending trial as to defendant Rodney P. Mazzulla. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
July 25, 2017
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ORDER APPOINTING COUNSEL - CJA Counsel is appointed to represent the defendant in this matter as to defendant Shawndell L. Burke. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
July 25, 2017
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ORDER of Detention pending trial as to defendant Shawndell L. Burke. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
August 24, 2017
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ORDER as to defendants Rodney P. Mazzulla(1) and Shawndell L. Burke(2).1) Defendant Mazulla's motion to continue, (Filing No. 28), is granted.2) As to both defendants, pretrial motions and briefs shall be filed on or before September 25, 2017.3) As to both defendants, 4-day Jury Trial continued to 10/16/2017 at 09:00 AM in Courtroom 1, Robert V. Denney Federal Building, 100 Centennial Mall North, Lincoln, NE before Judge John M. Gerrard.4) As to both defendants, the time between today' date and September 25, 2017, shall be deemed excludable time in any computation of time under the requirements of the Speedy Trial Act. Failing to timely object to this order as provided under this court' 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)ORDER as to defendants Rodney P. Mazzulla(1) and Shawndell L. Burke(2).1) Defendant Mazulla's motion to continue, (Filing No. 28), is granted.2) As to both defendants, pretrial motions and briefs shall be filed on or before September 25, 2017.3) As to both defendants, 4-day Jury Trial continued to 10/16/2017 at 09:00 AM in Courtroom 1, Robert V. Denney Federal Building, 100 Centennial Mall North, Lincoln, NE before Judge John M. Gerrard.4) As to both defendants, the time between today' date and September 25, 2017, shall be deemed excludable time in any computation of time under the requirements of the Speedy Trial Act. Failing to timely object to this order as provided under this court' 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 26, 2017
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ORDER granting 32 Motion to Continue. As to both defendants, pretrial motions and briefs shall be filed on or before October 10, 2017. As to both defendants, trial of this case is continued pending resolution of any pretrial motions filed. As to both defendants, the time between today's date and October 10, 2017 is excluded for purposes of computing the limits under the Speedy Trial Act. See 18 U.S.C. 3161(h)(1) as to Rodney P. Mazzulla (1)and Shawndell L. Burke (2). Ordered by Magistrate Judge Cheryl R. Zwart. (ADB)ORDER granting 32 Motion to Continue. As to both defendants, pretrial motions and briefs shall be filed on or before October 10, 2017. As to both defendants, trial of this case is continued pending resolution of any pretrial motions filed. As to both defendants, the time between today's date and October 10, 2017 is excluded for purposes of computing the limits under the Speedy Trial Act. See 18 U.S.C. 3161(h)(1) as to Rodney P. Mazzulla (1)and Shawndell L. Burke (2). Ordered by Magistrate Judge Cheryl R. Zwart. (ADB)
October 5, 2017
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ORDER as to defendant Rodney P. Mazzulla (1). Defense counsel's motion to appoint new counsel, (Filing No. 42), is granted. Jessica Milburn is hereby withdrawn as counsel, and shall promptly notify Defendant of the entry of this order. Ordered by Magistrate Judge Cheryl R. Zwart. (e-mailed to FPD)(JAB)
October 25, 2017
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ORDER as to defendant Rodney P. Mazzulla (1).1) Defendant's motion, (Filing No. 51), is granted, and pending further briefing as described in this order, the findings and recommendation filed on October 24, 2017, (Filing No. 49), is withdrawn.2) Defendant's motions to continue, (Filing Nos. 50 and 52), are granted.3) Pretrial motions and briefs, including the supplemental briefing discussed above (regarding the scope of the search and to clarify which warrants were being challenged in Defendant's prior motion, Filing No. 39), shall be filed on or before November 10, 2017. The government's responsive briefing on both the prior motion, (Filing No. 39), and any new pretrial motions shall be filed with seven days thereafter.4) 4-day Jury Trial set for 1/16/2018 at 09:00 AM in Courtroom 1, Robert V. Denney Federal Building, 100 Centennial Mall North, Lincoln, NE before Judge John M. Gerrard. 5) The time between today's date and January 16, 2018 shall be deemed excludable time in any computation of time under the requirements of the Speedy Trial Act. Failing to timely object to this order as provided under this 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)
November 15, 2017
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ORDER of Detention pending sentencing as to defendant Shawndell L. Burke. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB) Modified on 11/16/2017 to correct date of filing. (JAB)
December 20, 2017
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FINDINGS, RECOMMENDATION, AND ORDER - As to whether the search of the motor home within the garage was an unlawful residential search, and only as to this issue, an evidentiary hearing will be held before the undersigned magistrate judge on January 19, 2018, at 9:00 a.m. in Courtroom #2, United States Courthouse, Lincoln, Nebraska. Two hours have been set aside for this hearing. Defendant, defense counsel, and counsel for the government shall be present at this hearing. Pursuant to NECrimR 12.5, copies of all exhibits expected to be offered into evidence during the hearing, except those to be used for impeachment only, shall be delivered to the chambers of the undersigned at least twenty-four (24) hours before the hearing and, at the outset of the hearing, to the extent reasonably possible, the parties shall provide the undersigned and the courtroom deputy with a written list of all witnesses the parties expect to call. Trial of this case is continued pending the resolution of pretrial motions as to defendant Rodney P. Mazzulla. Ordered by Magistrate Judge Cheryl R. Zwart. (KLF)
January 17, 2018
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ORDER granting 79 Government's Oral Motion to continue regarding MOTION to Suppress , Application for Franks Hearing and Request for Evidentiary Hearing39 and SUPPLEMENTAL MOTION to Suppress 54 as to Rodney P. Mazzulla (1). Suppression Hearing continued to 1/30/2018 at 11:00 AM in Courtroom 2, Robert V. Denney Federal Building, 100 Centennial Mall North, Lincoln, NE before Magistrate Judge Cheryl R. Zwart. One hour has been set aside for this hearing. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
January 26, 2018
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TENTATIVE FINDINGS regarding Revised Presentence Investigation Report as to defendant Shawndell L. Burke. Ordered by Judge John M. Gerrard. (KLF)
February 8, 2018
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FINDINGS, RECOMMENDATION and ORDER to the Honorable John M. Gerrard, United States District Judge, pursuant to 28 U.S.C. ยง 636(b), that the motions to suppress filed by the defendant (Filing Nos. 39 and 54) be denied in their entirety as to defendant Rodney P. Mazzulla. The defendant is notified that failing to file an objection to this recommendation as provided in the local rules of this court may be held to be a waiver of any right to appeal the court's adoption of the recommendation. The jury trial of this case is set to commence before John M. Gerrard, United States District Judge, in Courtroom 1, United States Courthouse, Lincoln, Nebraska, at 9:00 a.m. on March 12, 2018, or as soon thereafter as the case may be called, for a duration of four (4) trial days. Jury selection will be held at the commencement of trial. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
February 15, 2018
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ORDER - The Magistrate Judge's Findings and Recommendations (filing 76) and (filing 91) are adopted. The defendant's objection (filing 102) is overruled. The defendant's Motions to Suppress (filing 39) and (filing 54) are denied as to Rodney P. Mazzulla. Ordered by Judge John M. Gerrard. (KLF)
March 8, 2018
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ORDER granting 105 Defendant's Motion to Continue as to Rodney P. Mazzulla. Jury Trial continued to 4/16/2018 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 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. Ordered by Magistrate Judge Cheryl R. Zwart. (KMM)
April 14, 2018
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ORDER denying 115 Motion for Release of Brady Materials as to Rodney P. Mazzulla; denying without prejudice 124 Motion in Limine as to Rodney P. Mazzulla; granting 129 Motion in Limine as to Rodney P. Mazzulla. Ordered by Judge John M. Gerrard. (DCD)