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01-261 - USA v. Johnson, et al


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01-261 - USA v. Johnson, et al
November 18, 2005
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ORDER granting 192 Motion for Hearing; hearing is scheduled for 11/28/2005 at 1:30 p.m., Courtroom 3 (Omaha) regarding 138 Rule 35 Motion; defendant has waived his presence at the hearing as to Gary Lee Johnson (1). Signed by Judge Joseph F. Bataillon on 11/18/2005. (SMS, )
November 30, 2005
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AMENDED JUDGMENT (Reduction of Sentence) as to Gary Lee Johnson. Defendant pleaded guilty to count I of the Indictment and is committed to the custody of the BOP for 87 months; 5 years supervised release with special conditions; $100 Special Assessment. Signed by Judge Joseph F. Bataillon on 11/30/2005. 4 certified copies to USM. (DKM, )
January 6, 2006
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MEMORANDUM AND ORDER - Defendant Kerry L. Baker's motion to inquire into a jurisdictional claim 181 is denied. Defendant's Motion for a New Trial 201 is denied. Defendant's Motion to hold his motion under 28 U.S.C. 2255 in abeyance 184 is deemed waived. Defendant's motion for status report regarding his motion to inquire into a jurisdictional claim 190 is granted. Defendant's Motion for Leave to Voluntarily Dismiss his Motion Pending 199 is granted. Defendant's motion for a copy of the docket sheet 204 is granted. The clerk's office is directed to mail to the defendant a copy of the docket sheet at his last known address. Defendant's Motion for Leave to Supplement his 2255 motion 200 is granted. That upon initial review, the court finds and concludes that summary dismissal of the First, Second and Third claims in defendant's 2255 motion and amended 2255 motion 180 and 202 is not appropriate. That the court concludes that summary dismissal of the Fourth and Fifth claims in defendant's amended 2255 motion (Filing No. 202) is appropriate and these claims are dismissed. That by February 10, 2006, the United States shall answer or otherwise respond to only the First, Second and Third claims in the defendant's 2255 motion and amended 2255 motion, and shall file an accompanying brief. That by March 10, 2006, the defendant may file a reply brief addressing only the First, Second, and Third issues in his 2255 motion and amended 2255 motion, as to defendant Kerry L. Baker. Signed by Judge Joseph F. Bataillon on 1/6/2006. (JAE, ). Order and docket sheet mailed as directed.
April 19, 2006
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MEMORANDUM AND ORDER - The government shall have until May 19, 2006, to address the additional issues raised in defendant's Motion under 2255; That by June 19, 2006, the defendant may file a reply responding to the government's supplemented answer as to defendant Kerry L. Baker. Signed by Judge Joseph F. Bataillon on 4/19/2006. (KBJ)
June 30, 2006
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ORDER - The Defendant's Motion to Appoint Counsel 179 is granted. The Public Defender's Office is hereby appointed to represent the defendant's interests regarding defendant's 2255 Motions to Vacate Sentence 180and 202. The defendant shall file a supplemental brief on or before August 31, 2006; the government is given 30 days after the filing of the defendant's brief to file its responsive brief as to defendant Kerry L. Baker. Signed by Judge Joseph F. Bataillon on 6/30/2006. (KBJ)
July 11, 2006
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ORDER APPOINTING COUNSEL - Mark W. Bubak for Kerry Baker appointed as counsel as to defendant Kerry L. Baker. Signed by Judge Joseph F. Bataillon on 7/11/2006. (TJS)
May 9, 2007
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MEMORANDUM AND ORDER - 1. That defendant's ยง 2255 motions 180 and 202 are granted; 2. Defendant's motion for default judgment 216 is denied as moot; 3. Defendant's motion to compel 217 is denied as moot; and 4. This case is referred to the Magistrate Judge for progression as to defendant Kerry L. Baker. Ordered by Judge Joseph F. Bataillon. - (KBJ)
July 5, 2007
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ORDER as to defendant Kerry L. Baker Change of Plea Hearing and Sentencing set for 8/10/2007 at 03:00 PM before Chief Judge Joseph F. Bataillon. Counsel is reappointed. United States Marshal shall return the defendant to the district. Ordered by Judge Joseph F. Bataillon. (1 cert copy to USM)(TJS)
August 1, 2007
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JUDGMENT as to Kerry L. Baker. The defendant plead guilty as to Count 1 of the Superseding Indictment and is sentenced to Time Served; and is remanded to the custody of the US Marshal pending release; 5 years Supervised Release with special conditions; $100.00 special Assessment (paid in full). The Indictment is dismissed on the motion of the government as to this defendant only. The defendant has been found Not Guilty on Count 2 of the Superseding Indictment. Count 3 of the Superseding Indictment is dismissed on the motion of the government as to this defendant only as to defendant Kerry L. Baker. Ordered by Judge Joseph F. Bataillon. - (4 certified copies to the USM) (KBJ)
August 1, 2007
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ORDER - Pursuant to the Judgment entered on today's date, Filing No. 236, defendant Kerry Baker's total Special Assessment in this case is $100.00. The court notes that the defendant has previously paid to the Clerk of Court $200.00 towards his Special Assessment ($100.00 paid on 5/12/03, $70.00 paid on 6/7/05, and $30.00 paid on 7/13/05). Therefore, the court orders that the defendant be reimbursed for $100.00 by the Clerk of Court as to defendant Kerry L. Baker. Ordered by Judge Joseph F. Bataillon.(TJS)
January 8, 2008
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ORDER - Pursuant to NECivR 79.1(f) or NECrimR 55.1(g), counsel for the government shall either 1) withdraw the following exhibits previously submitted in this matter within 15 calendar days of the date of this order, or 2) show cause why the exhibits should not be destroyed. If counsel fails to withdraw these exhibits as directed or to show cause why the exhibits should not be destroyed, the clerk's office is directed to destroy the listed exhibits without further notice to the parties or order from the court as to defendant(s) Gary Lee Johnson. Ordered by Chief Judge Joseph F. Bataillon. (TJS)
March 5, 2008
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ORDER REGARDING MOTION FOR SENTENCE REDUCTION PURSUANT TO 18:3582(c)(2) - motion of the defendant is granted and the defendant's previously imposed sentence of imprisonment (as reflected in the last judgment issued) of 87 months is reduced to 70 months. Except as provided above, all provisions of the judgment dated October 7, 2002 shall remain in effect. Effective Date: Wednesday, March 5, 2008 as to defendant Gary Lee Johnson. Ordered by Chief Judge Joseph F. Bataillon. (TJS, )