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03-564 - USA v. Espinosa


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03-564 - USA v. Espinosa
April 18, 2005
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ORDER - the Change of Plea hearing is continued to May 2, 2005 at 1:00p.m. before Magistrate Judge Thomas D. Thalken, Courtroom No. 7, Second Floor, Roman L. Hruska U.S. Courthouse, 111 South 18th Plaza, Omaha, Nebraska.For this defendant, the time between April 14, 2005 and the hearing on theanticipated plea of guilty is excluded for purposes of computing the limits under the Speedy Trial Act as to Edgar Aguilera Espinosa (1) Signed by Magistrate Judge Thomas D. Thalken on 4/18/2005. (TJS)
May 2, 2005
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ORDER granting 72 Motion to Continue Change of Plea hearings as to Edgar Aguilera Espinosa (1); For this defendant, the time between May 2, 2005 and the hearing on the anticipated plea of guilty is excluded for purposes of computing the limits under the Speedy Trial Act.See 18 U.S.C. ? 3161(h)(1)(I)&(h)(8)(A)(B). Signed by Magistrate Judge Thomas D. Thalken on 5/2/2005. (PCV, )
May 11, 2005
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ORDER granting 76 Motion to Continue as to Edgar Aguilera Espinosa (1). The Change of Plea hearing is continued to June 3, 2005 at 1:30p.m. before Magistrate Judge Thomas D. Thalken, Courtroom No. 7. The time between May 16, 2005 and the hearing on the anticipatedplea of guilty is excluded for purposes of computing the limits under the Speedy Trial Act. Signed by Magistrate Judge Thomas D. Thalken on 5/11/2005. (JAE, )
June 6, 2005
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ORDER that the Motion to Continue the change of plea hearing 81 is granted. The change of plea hearing is continued to 6/20/05 at 3:15pm before the undersigned Magistrate Judge in Courtroom 7(Omaha). The time between 6/3/05 and 6/20/05 shall be excluded under the Speedy Trial Act as to defendant Edgar Aguilera Espinosa. Signed by Magistrate Judge Thomas D. Thalken on 6/6/2005. (KBJ)
June 20, 2005
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ORDER that the Motion to Continue 83 is granted. The Change of Plea hearing is continued to 7/1/05 at 3:15p.m. before the undersigned Magistrate Judge in Courtroom 7(Omaha). The time between 6/20/05 and 7/1/05 shall be excluded under the Speedy Trial Act. No further continuances will be granted for this hearing. Since this is a criminal case, the defendant must be present unless excused by the Court. Signed by Magistrate Judge Thomas D. Thalken on 6/20/2005. (KBJ)
July 1, 2005
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ORDER that this matter came before the court on the request of defendant Edgar Aguilera Espinosa to enter a plea of guilty. On July 1, 2005, Espinosa appeared with his counsel, DonaldB. Fiedler, and declared he wished to proceed to trial. Espinosa was then arraigned upon theSuperseding Indictment and entered a plea of not guilty to all counts. Espinosa requested time tofile an additional motion to suppress. The request was granted to the extent Espinosa was givenuntil July 8, 2005, in which to file the motion. Anevidentiary hearing was scheduled on the motion for 1:30 p.m., July 27, 2005. The time between July 1, 2005 and July 8, 2005, shall be deemedexcludable time in any computation of time under the requirement of the Speedy Trial Actas to defendant Edgar Aguilera Espinosa.. Signed by Magistrate Judge Thomas D. Thalken on 7/1/2005. (ADB)
July 8, 2005
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ORDER - The defendant's Motion to Suppress 87 is scheduled for a hearing on 7/27/05 at 1:30pm in Courtroom 7(Omaha) before the undersigned Magistrate Judge. This being a criminal case, the defendant must be present unless otherwise ordered by the court as to Edgar Aguilera Espinosa. Signed by Magistrate Judge Thomas D. Thalken on 7/8/2005. (KBJ)
July 21, 2005
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ORDER granting 89 Motion to Continue as to Edgar Aguilera Espinosa; defendant's motion to suppress is scheduled for hearing before the undersigned magistrate judge at 1:30p.m. on August 5, 2005. Signed by Judge Thomas D. Thalken on 7/21/2005. (PCV, )
July 29, 2005
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ORDER - The government's motion to continue Filing No. 91 is granted.Defendant's motion to suppress Filing No. 87 is scheduled for hearing before the undersigned magistrate judge at 9:00 a.m. on August 11, 2005, in Courtroom No. 7, Second Floor, Roman L. Hruska United States Courthouse, 111 South 18th Plaza, Omaha, Nebraska. Counsel are reminded of the requirements of NECrimR 12.5 which provides as follows: Disclosure of Evidence. This rule applies to all evidentiary hearings on pretrial motions in criminal cases.(a) Witnesses. At the time of the hearing, and to the extentreasonably possible, the parties shall submit to the judge andcourtroom deputy a written list of all witnesses whom the partiesexpect to call. (b) Exhibits. At least twenty-four (24) hours before thehearing, each party shall mark the exhibits that party intends tointroduce into evidence at the hearing, and provide a copy tocounsel for all other parties and to the presiding judge.Exhibits should be marked as follows: government's exhibits beginning at Number 1 and defense exhibits beginning at Number 101.The defendant must be present for the hearing; as to Edgar Aguilera Espinosa (1) Signed by Magistrate Judge Thomas D. Thalken on 7/29/2005. (TJS)
August 11, 2005
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REPORT AND RECOMMENDATION AND ORDER to Judge Smith Camp that the MOTION to Suppress87 be granted in all respects; The clerk shall cause an expedited transcript of the hearing to be prepared and filed; any objection to this Report and Recommendation shall be filed with the Clerk of the Court within ten (10) days after the transcript is available to counsel for reading in the clerk's office as to defendant Edgar Aguilera Espinosa. Signed by Magistrtae Judge Thomas D. Thalken on 8/11/2005. (TJS)
August 11, 2005
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ORDER - Espinosa's oral motion to continue trial is granted. Trial of this matter is re-scheduled for November 15, 2005, before JudgeLaurie Smith Camp and a jury; the time between August11, 2005 and November 15, 2005, shall be deemed excludable time in any computationof time under the requirement of the Speedy Trial Act; IT IS FURTHER ORDERED:Counsel for the United States shall confer with defense counsel and electronically filea status report no later than November 1, 2005, advising the court of the anticipated lengthof trial as to Edgar Aguilera Espinosa (1) Signed by Magistrate Judge Thomas D. Thalken on 8/11/2005. (TJS)
September 6, 2005
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ORDER adopting 95 the Magistate Judge's Report and Recommendation andgranting 87 Defendant's Motion to Suppress as to Edgar Aguilera Espinosa (1). Signed by Judge Laurie Smith Camp on 9/6/2005. (JB)
November 7, 2005
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ORDER as to Edgar Aguilera Espinosa. The case is removed from the trial docket based upon the request of the defendant. A hearing on the defendant's anticipated plea of guilty is scheduled before Magistrate Judge F.A. Gossett on November 14, 2005 at 3:30 p.m. The time between 11/7/05 and the hearing on the anticipated plea of guilty is excluded for purposes of computing the limits under the Speedy Trial Act. Signed by Magistrate Judge F. A. Gossett on 11/7/2005. (MLF, )
January 25, 2006
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TENTATIVE FINDINGS regarding the Presentence Investigation Report as to Defendant Edgar Aguilera Espinosa. Signed by Judge Laurie Smith Camp on 1/25/2006. (JB)
February 27, 2006
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JUDGMENT as to Edgar Aguilera Espinosa (1), The defendant plead guilty to count 1 of the indictment and is committed to the custody of the Bureau of Prisons for 164 months; 5 years supervised release with special conditions; and $100 special assessment. Counts 2 and 3 of the indictment and the superseding indictment are dismissed on the motion of the United States as to this defendant only as to defendant Edgar Aguilera Espinosa. Signed by Judge Laurie Smith Camp on 2/27/2006. 4 certified copies to the USM. (JSF)