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17-3143 - USA v. Trail et al


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17-3143 - USA v. Trail et al
December 7, 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 Bailey Marie Boswell. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)[4:17-mj-03131-CRZ]
December 8, 2017
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AMENDED ORDER APPOINTING COUNSEL - The Federal Public Defender for the District of Nebraska is appointed to represent the defendant in this matter as to defendant Bailey Marie Boswell. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)[4:17-mj-03131-CRZ]
December 8, 2017
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ORDER of Detention as to defendant Aubrey Clifton Trail. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)[4:17-mj-03131-CRZ]
December 8, 2017
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ORDER of Detention as to defendant Bailey Marie Boswell. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)[4:17-mj-03131-CRZ]
December 14, 2017
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ORDER APPOINTING COUNSEL - CJA Counsel is appointed to represent the defendant in this matter as to defendant Aubrey Clifton Trail. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
December 22, 2017
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ORDER granting 33 Government's unopposed Motion to Extend as to Aubrey Clifton Trail (1) and Bailey Marie Boswell (2). Rule 16 discovery shall be provided on or before January 9, 2018. The time between today's date and January 9, 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 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)ORDER granting 33 Government's unopposed Motion to Extend as to Aubrey Clifton Trail (1) and Bailey Marie Boswell (2). Rule 16 discovery shall be provided on or before January 9, 2018. The time between today's date and January 9, 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 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)
February 22, 2018
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ORDER granting the Defendant Boswell's 50 Motion to Continue as to Bailey Marie Boswell (2). As to both defendants, pretrial motions and briefs shall be filed on or before March 8, 2018, with any response due on or before March 15, 2018. As to both defendants, trial of this case remains scheduled to commence on March 26, 2018. 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 as to both defendants, the additional time arising as a result of the granting of the motion, the time between February 21, 2018 and March 8, 2018, shall be deemed excludable time in any computation of time under the requirements of the Speedy Trial Act. Ordered by Magistrate Judge Cheryl R. Zwart. (MKR)
March 13, 2018
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ORDER as to defendants Aubrey Clifton Trail and Bailey Marie Boswell.1) Defendant Boswell's oral motion to continue is granted over objection.2) As to both defendants, 5-day Jury Trial continued to 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.3) As to both defendants, the time between today's date and May 14, 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 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) Modified on 3/14/2018 to correct number of trial days. (JAB)ORDER as to defendants Aubrey Clifton Trail and Bailey Marie Boswell.1) Defendant Boswell's oral motion to continue is granted over objection.2) As to both defendants, 5-day Jury Trial continued to 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.3) As to both defendants, the time between today's date and May 14, 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 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) Modified on 3/14/2018 to correct number of trial days. (JAB)
March 28, 2018
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ORDER granting 71 Defendant's unopposed Oral Motion as to Aubrey Clifton Trail (1). Change of Plea Hearing continued to 4/5/2018 at 12:00 PM in Courtroom 1, 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. 18 U.S.C. ยง 3161(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. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
May 7, 2018
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ORDER - The Magistrate Judge's findings and recommendation (filing 87) are adopted. The government's motion for pretrial determination of voluntary statements (filing 59) is granted as set forth in the magistrate judge's order as to defendant Aubrey Clifton Trail. Ordered by Judge John M. Gerrard. (LKO)
May 23, 2018
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MEMORANDUM AND ORDER - The Magistrate Judge's Findings and Recommendation on a Guilty Plea are adopted. The defendant, Aubrey Clifton Trail 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)
May 23, 2018
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MEMORANDUM AND ORDER - The Magistrate Judge's Findings and Recommendation on a Guilty Plea are adopted. The defendant, Bailey Marie Boswell 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)
July 17, 2018
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TENTATIVE FINDINGS regarding revised Presentence Investigation Report as to defendant Aubrey Clifton Trail. Ordered by Judge John M. Gerrard. (LKO)
July 27, 2018
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TENTATIVE FINDINGS OF FACT regarding Presentence Investigation Report as to defendant Bailey Marie Boswell. Ordered by Judge John M. Gerrard. (DCD)
September 11, 2018
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ORDER directing Government to withdraw exhibit received at 4/20/18 hearing. If counsel fails to withdraw exhibit within 14 days or show cause why the exhibit should not be destroyed, exhibit will be destroyed without further notice to parties or order from the court as to defendant Aubrey Clifton Trail. Ordered by Judge John M. Gerrard. (CCB)