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17-3116 - USA v. Collins


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17-3116 - USA v. Collins
October 20, 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 Aaron C. Collins. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
November 20, 2017
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ORDER granting 16 Motion to Continue. Pretrial Motion Deadline set for 12/1/2017. The time between todays date and December 1. 2017 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)
December 4, 2017
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ORDER that the Defendant's motion to continue, (Filing No. 18), is granted. Pretrial motions and briefs shall be filed on or before December 6, 2017. Trial of this case is continued pending resolution of any pretrial motions filed. 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 December 6, 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 Aaron C. Collins. Ordered by Magistrate Judge Cheryl R. Zwart. (LAC)
February 2, 2018
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ORDER as to defendant Aaron C. Collins. After conferring with counsel, 1) The hearing currently scheduled for March 2, 2018 at 10:00 a.m.is cancelled.2) Defendant shall submit his post-hearing brief by February 12, 2018.3) The government's response, if any, shall be filed on or before February 20, 2018.4) Defendant's Motion to Suppress will be deemed fully submitted on February 21, 2018. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
March 9, 2018
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FINDINGS AND RECOMMENDATION - IT THEREFORE HEREBY IS RECOMMENDED to the Honorable John M. Gerrard, United States District Judge, pursuant to 28 U.S.C. § 636(b), that the motion to suppress filed by the defendant (Filing No. 20) be denied in its entirety. 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. IT IS ORDERED that 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 April 9, 2018 or as soon thereafter as the case may be called, for a duration of three (3) trial days. Jury selection will be held at the commencement of trial as to defendant Aaron C. Collins. Ordered by Magistrate Judge Cheryl R. Zwart. (LAC)
March 23, 2018
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ORDER granting 39 Motion to Continue. Jury Trial set for 5/14/2018 at 09:00 AM in Courtroom 1, Robert V. Denney Federal Building, 100 Centennial Mall North, Lincoln, NE before Judge John M. Gerrard. The deadline for objecting to the Findings and Recommendation on Defendant's motion to suppress, 20 is continued to March 30, 2018.The time between todays 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). Ordered by Magistrate Judge Cheryl R. Zwart. ( Zwart, Cheryl)
April 23, 2018
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MEMORANDUM AND ORDER that the defendant's objection (filing 41) to the Magistrate Judge's Findings, Recommendation, and Order is overruled. The Magistrate Judge's recommendation (filing 38) is adopted. The defendant's motion to suppress (filing 20) is denied as to defendant Aaron C. Collins. Ordered by Judge John M. Gerrard. (LAC)
June 4, 2018
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ORDER granting 46 Defendant's unopposed Oral Motion as to Aaron C. Collins (1). Change of Plea Hearing continued to 6/20/2018 at 09:30 AM in Courtroom 2, Robert V. Denney Federal Building, 100 Centennial Mall North, Lincoln, NE before Magistrate Judge Cheryl R. Zwart. The time between today's date and the district court judge's acceptance or rejection of the anticipated plea of guilty shall be excluded for speedy trial calculation purposes. 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. (JAB)
June 19, 2018
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ORDER granting 49 Defendant's unopposed Oral Motion as to Aaron C. Collins (1). Change of Plea Hearing continued to 7/12/2018 at 10:45 AM in Courtroom 2, Robert V. Denney Federal Building, 100 Centennial Mall North, Lincoln, NE before Magistrate Judge Cheryl R. Zwart. The time between today's date and the district court judge's acceptance or rejection of the anticipated plea of guilty shall be excluded for speedy trial calculation purposes. 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. (JAB)
August 21, 2018
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MEMORANDUM AND ORDER - The Magistrate Judge's Findings and Recommendation on a Guilty Plea are adopted as to defendant Aaron C. Collins. The defendant is found guilty. The plea is accepted. The Court finds that the plea of guilty is knowing, intelligent, and voluntary, and that a factual basis exists for the plea. The Court defers acceptance of any plea agreement until the time of sentencing, pursuant to Fed. R. Crim. P. 11(c)(3). Unless otherwise stated at the time of sentencing, any plea agreement will be deemed accepted upon the pronouncement of the judgment and sentence. This case shall proceed to sentencing. Ordered by Judge John M. Gerrard. (LKO)
October 5, 2018
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TENTATIVE FINDINGS regarding the second revised Presentence Investigation Report as to defendant Aaron C. Collins. Ordered by Judge John M. Gerrard. (LKO)
October 16, 2018
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ORDER - The defendant's Unopposed Motion to Continue Defendant's Sentencing Hearing (filing 71) is granted. Defendant Aaron C. Collins' sentencing is continued to February 1, 2019, at 10:00 a.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. (KMM)