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01-163 - United States of America v. Watkins


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01-163 - United States of America v. Watkins
November 16, 2005
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MEMORANDUM AND ORDER regarding letter from defendant regarding exhibits218 as to defendant Robert E. Watkins. Signed by Judge Richard G. Kopf on 11/16/2005. (JAR) Modified on 11/16/2005 to add link to letter.(JAR)
January 5, 2006
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ORDER denying 220 Motion for Return of Property/PostTrial as to Robert E. Watkins (1). Signed by Judge Richard G. Kopf on 1/5/2006. (KLL, )
January 11, 2006
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ORDER as to defendant Robert E. Watkins. Treated as a motion, it is ordered that the defendant's correspondence requesting status and copy of docket sheet 222 is denied. See filing 221. Signed by Judge Richard G. Kopf on 1/11/2006. (KLL, )
January 25, 2006
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ORDER regarding Notice of Appeal to USCA225 as to defendant Robert E. Watkins. An order will be entered, and the party is permitted to proceed on appeal in forma pauperis. Signed by Judge Richard G. Kopf on 1/25/2006. (JAR)
January 25, 2006
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MEMORANDUM AND ORDER regarding Notice of Appeal to USCA225 as to defendant Robert E. Watkins. The court's denial of Defendant's motion for return of seized property is an appealable order. Hence, Defendant's appeal is arguably taken in good faith, and I shall grant Defendant leave to appeal in forma pauperis. IT IS ORDERED that Defendant is entitled to proceed on appeal in forma pauperis. Signed by Judge Richard G. Kopf on 1/25/2006. (JAR)
June 8, 2006
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ORDER denying 237 Motion for Hearing as to Robert E. Watkins. Signed by Judge Richard G. Kopf on 6/8/2006. (KLL, )
June 29, 2006
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ORDER regarding Notice of Appeal to USCA, 242 as to defendant Robert E. Watkins. IT IS ORDERED: 1. Defendant's appeal is not taken in good faith;2. Defendant is not entitled to proceed in forma pauperis on appeal. Signed by Judge Richard G. Kopf on 6/29/2006. (JAR)
November 16, 2006
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ORDER as to Robert E. Watkins. It is ordered that the defendant's motion for release of Brady materials and for evidentiary hearing 249 is denied.Ordered by Judge Richard G. Kopf.(KLL, )
December 5, 2006
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ORDER regarding Notice of Appeal to USCA251 as to defendant Robert E. Watkins. An order will be entered finding that the party is not entitled to proceed in forma pauperis. Ordered by Judge Richard G. Kopf.(JAR)
December 5, 2006
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ORDER regarding Notice of Appeal to USCA251 as to defendant Robert E. Watkins. IT IS ORDERED: 1. Defendant's appeal is not taken in good faith; 2. Defendant is not entitled to proceed in forma pauperis on appeal. Ordered by Judge Richard G. Kopf.(JAR)
December 13, 2006
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MEMORANDUM AND ORDER denying as moot257 Motion for Leave to Appeal In Forma Pauperis as to Robert E. Watkins (1). The Clerk of the United States District Court for the District of Nebraska shall forward a copy of Defendant's motion (filing 257) and this order to the Eighth Circuit Court of Appeals. Ordered by Judge Richard G. Kopf.(JAR)
January 28, 2008
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MEMORANDUM AND ORDER - 1. Defendant's "Motion for Discovery All Writ Act" (filing 264) is denied; 2. Defendant's Motion for Leave to Proceed In Forma Pauperis (filing 265) is denied. Ordered by Judge Richard G. Kopf. (Copy mailed to pro se party)(JAB)
February 13, 2008
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MEMORANDUM AND ORDER regarding Notice of Appeal268 as to Robert E. Watkins (1). IT IS ORDERED: 1. Pursuant to Fed. R. App. P. 24(a)(3), the court certifies that Defendant's appeal is not taken in good faith, as the appeal is without any apparent legal basis; 2. Defendant's motion for leave to appeal in forma pauperis (filing 269) is denied; 3. Because this court does not have jurisdiction to appoint counsel for purposes of appeal, Defendants motion for appointment of counsel on appeal (filing 271) is denied; and 4. Pursuant to Fed. R. App. P. 24(a)(4), the Clerk of the Court shall forward a copy of this memorandum and order to the Clerk of the United States Court of Appeals for the Eighth Circuit. Ordered by Judge Richard G. Kopf. (Copy mailed to pro se party)(JAB)
August 13, 2008
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ORDER regarding Notice of Appeal to USCA287 as to defendant Robert E. Watkins. 1. Pursuant to Fed. R. App. P. 24(a)(3), the court certifies that Defendant's appeal is not taken in good faith, as the appeal is without any apparent legal basis; 2. Defendant is not entitled to proceed in forma pauperis on appeal; and 3. Pursuant to Fed. R. App. P. 24(a)(4), the Clerk of the Court shall forward a copy of this memorandum and order to the Clerk of the United States Court of Appeals for the Eighth Circuit. Ordered by Judge Richard G. Kopf. (Copy mailed to pro se party)(JAB)
December 9, 2008
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MEMORANDUM AND ORDER regarding Notice of Appeal298 as to defendant Robert E. Watkins. 1. Defendant's notice of appeal (filing 298) is stricken; 2. The Clerk of Court shall not process Defendant's notice of appeal (filing 298); 3. The Defendant is barred from filing, and the Clerk shall not accept, any further materials submitted by Defendant for filing in this closed case, including, but not limited to, motions, letters, requests, objections, notices, briefs, memoranda, or appeals; and, 4. The Clerk of the Court shall forward a copy of this memorandum and order to the Clerk of the United States Court of Appeals for the Eighth Circuit. Ordered by Judge Richard G. Kopf. (Copy mailed to pro se party and forwarded to the Court of Appeals)(JAB)
February 24, 2011
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ORDER to Withdraw Exhibits or to Show Cause Why Exhibits Should Not be Destroyed as to defendant Robert E. Watkins. Ordered by Judge Richard G. Kopf. (MLF, )
September 12, 2011
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ORDER denying 316 Motion for Reconsideration as to Robert E. Watkins (1) Ordered by Judge Richard G. Kopf. (Copy mailed/e-mailed to pro se party)(GJG)
September 20, 2011
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MEMORANDUM AND ORDER as to defendant Robert E. Watkins. Pursuant to Fed. R. App. P. 24(a)(3)(A), the court certifies that the defendant's appeal (filing 318) is not taken in good faith, and the defendant is not entitled to proceed in forma pauperis on appeal. Pursuant to Fed. R. App. P. 24(a)(4)(B), the Clerk of Court shall send a copy of this Memorandum and Order to the defendant, personally, and to the Clerk of the United States Court of Appeals for the Eighth Circuit. Ordered by Judge Richard G. Kopf. (Copy mailed/e-mailed to pro se party and as directed)(GJG)
October 21, 2015
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ORDER denying 332 Objection as to Robert E. Watkins (1). Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (JSF)
November 24, 2015
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ORDER as to defendant Robert E. Watkins. Defendant's notice of appeal (filing 334) is stricken. The Clerk of Court shall not process Defendant's notice of appeal. Pursuant to Fed. R. App. P. 24(a)(3)(A), the court certifies that Defendant's appeal is not taken in good faith, as the notice of appeal violates several previous orders barring Defendant from filing further materials in this closed case. The Defendant is barred from filing any further materials in this case, including, but not limited to, motions, letters, requests, objections, notices, briefs, memoranda, or appeals. Defendant's filing of further materials in this case shall result in monetary sanctions. The Clerk of the Court shall forward a copy of this memorandum and order to the Clerk of the United States Court of Appeals for the Eighth Circuit. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party and provided as directed)(GJG)
April 26, 2016
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ORDER as to defendant Robert E. Watkins. The Federal Public Defender's motion for appointment of counsel (filing no. 343) is granted. The Federal Public Defender or one of his designees is appointed as counsel for the defendant to pursue a Johnson petition. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(GJG)
May 10, 2016
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ORDER as to defendant Robert E. Watkins. Plaintiff shall file its answer and brief to the defendant's motion to correct sentence under 28 U.S.C. § 2255, 346 on or before June 10, 2016. Ordered by Senior Judge Richard G. Kopf. (GJG)
June 14, 2016
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ORDER as to defendant Robert E. Watkins. The petitioner shall have until June 28, 2016 to respond to the respondent's response (filing nos. 349 and 350) to the petitioner's motion to correct sentence under 28 U.S.C. § 2255 (filing no. 346). Ordered by Senior Judge Richard G. Kopf. (GJG)
June 28, 2016
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ORDER as to Robert E. Watkins. The petitioner's unopposed motion to extend deadline (filing no. 352) is granted. The petitioner shall have until July 15, 2016, to respond to the respondent's response (filing nos. 349 and 350) to the petitioner's motion to correct sentence under 28 U.S.C. § 2255 (filing no. 346). The Clerk shall change the CM/ECF response due date to July 15, 2016, for filing no. 346. Ordered by Senior Judge Richard G. Kopf. (GJG)
July 26, 2016
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MEMORANDUM AND ORDER as to defendant Robert E. Watkins. Counsel for the defendant shall submit a new waiver no later than the 5:00 p.m. on Friday August 12, 2016, consenting to such a sentence and waiving the defendant's right to a personal appearance. If there is an objection to such a sentence, counsel for the defendant shall file an objection no later than the above date together with a supporting brief. The Clerk shall set a case management deadline for Monday, August 15, 2016, and my chambers shall call this file to my attention on that date. Ordered by Senior Judge Richard G. Kopf. (GJG)
August 19, 2016
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ORDER as to defendant Robert E. Watkins. Based upon the government's concession (filing no. 355), the defendant's motion to correct his sentence (filing no. 346) is granted in part and his prison sentence, but not his supervised release term, is vacated. Both counsel are directed to place a joint conference call to my judicial assistant to set a date and time for resentencing and they shall make that call on or soon after Monday, August 22, 2016. They should call Kris Leininger at 402.437.1640. The defendant must appear at resentencing and defense counsel shall consult with the defendant to insure his attendance. Although it appears that the defendant has "over-served" the appropriate prison sentence given the Johnson case and its progeny, I agree with the government that the defendant must still serve a period of supervised release. In turn, this requires a sentencing hearing inasmuch as the defendant refuses to waive his argument that no supervised release should be required. Ordered by Senior Judge Richard G. Kopf. (GJG)
September 1, 2016
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ORDER as to defendant Robert E. Watkins. The motion to vacate under § 2255 (Johnson) (filing no. 346) is granted. A judgment will be issued shortly. Ordered by Senior Judge Richard G. Kopf. (GJG)
September 1, 2016
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AMENDED JUDGMENT as to defendant Robert E. Watkins. Court grants Defendant's Motion to Vacate under 28 U.S.C. 2255 (Johnson) 346. Defendant's sentence of imprisonment is vacated. The defendant is hereby sentenced to the custody of the Bureau of Prisons for a term of Time Served, followed by 1 year supervised release with special conditions, and pay $100 (Paid) Special Assessment. Defendant released on same terms and conditions as previously ordered. Ordered by Senior Judge Richard G. Kopf. (1 Certified copy to USM) (CS)
September 2, 2016
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ORDER permitting the defendant to proceed on appeal in forma pauperis as to defendant Robert E. Watkins. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(GJG)