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04-151 - USA v. Nielsen


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04-151 - USA v. Nielsen
October 1, 2004
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ORDER denying MOTION to Declare Sentencing Guidelines Unconstitutional28 as to defendant Stacey W. Nielsen. Signed by Judge Laurie Smith Camp on 10/1/2004. Order filed on 1/4/06 as it was discovered that the wrong PDF was attached when originally docketed on 10/1/04. Therefore the original order was stricken, filing 61, and redocketed. (JAE, )
June 8, 2005
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MEMORANDUM AND ORDER-the court has completed its initial review of the defendant's Motion for 28 USC 2255 to Vacate, Set Aside or Correct Sentence 47; the court finds that summary dismissal of the defendant's 2255 motion is not required; the United States shall file an answer to the defendant's 2255 motion by July 8, 2005; the defendant may file a reply brief by August 8, 2005 as to defendant Stacey W. Nielsen. Signed by Judge Laurie Smith Camp on 6/8/2005. (MKR, )
November 28, 2005
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MEMORANDUM AND ORDER granting 47 Motion to Vacate (2255). Defendant's Motion for Default 52 is denied as moot. The defendant must file his notice of appeal within 30 days from the date of this Order. A separate judgment will be issued. The Clerk is directed to mail a copy of this Memorandum and Order to the defendant at his last known address as to Stacey W. Nielsen (1). Signed by Judge Laurie Smith Camp on 11/28/2005. COPIES MAILED (JSF)
November 28, 2005
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JUDGMENT - in accordance with the Memorandum and Order filed on this date 53, the Defendant's Motion under 28 U.S.C. Section 2255 to Vacate, Set Aside, orCorrect Sentence by a Person in Federal Custody 47 is granted. The Defendant's Motion for Default 52 is denied as moot. The Defendant must file his notice of appeal within 30 days from the date of this Order. The Clerk is directed to mail a copy of this Memorandum and Order to the Defendant at his last known address as to defendant Stacey W. Nielsen. Signed by Judge Laurie Smith Camp on 11/28/2005. COPIES MAILED (JSF)
January 3, 2006
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MEMORANDUM AND ORDER - The Motion to Proceed With Appeal In Forma Pauperis 57 is denied as moot. The Defendant, Stacy W. Nielsen, may proceed on appeal in forma pauperis. The Clerk is directed to forward the notice of appeal and the Defendant's motion to appoint counsel 59 to the Eighth Circuit Court ofAppeals for resolution. A copy of this Memorandum and Order shall be mailed to the Defendant at his last known address, as to defendant Stacey W. Nielsen. Signed by Judge Laurie Smith Camp on 1/3/2006. Mailed as directed. (JAE, )
June 27, 2006
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ORDER regarding Mandate/Judgment 77 as to defendant Stacey W. Nielsen; Resentencing set for 9/6/2006 at 08:30 AM in Courtroom 2 (Omaha) before Judge Laurie Smith Camp. The U.S. Marshal's Office is directed to return the defendant to this district for the above hearing. Signed by Judge Laurie Smith Camp on 6/27/2006. Copies as directed. (ETC)
June 29, 2006
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ORDER regarding Mandate 77 from the USCA-8th Circuit remanding this case for resentencing. The court will require each party to file a sentencing brief setting out its position. The resentencing hearing will be scheduled in a separate order. Each party shall file a sentencing brief on or before August 1, 2006 as to defendant Stacey W. Nielsen. Signed by Judge Laurie Smith Camp on 6/29/2006. (MKR)
August 3, 2006
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ORDER granting 81 Defendant's motion to file his sentencing brief out of time; and granting 82 the government's motion to file its sentencing brief out of time as to Stacey W. Nielsen (1). Signed by Judge Laurie Smith Camp on 8/3/2006. (JB)
September 6, 2006
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AMENDED JUDGMENT (Correction of Sentence on Remand (Fed.R.Crim.P. 35(a)) as to Stacey W. Nielsen (1), Defendant pleaded guilty to count I of the Indictment and is committed to the custody of the Bureau of Prisons for 36 months; 3 years Supervised Release with special conditions; $100 Special Asssesment as to defendant Stacey W. Nielsen. Ordered by Judge Laurie Smith Camp.(MKR ) 4 cert to USM
December 26, 2007
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ORDER APPOINTING COUNSEL as to defendant Stacey W. Nielsen - John D. McDermott is appointed to represent the defendant. Ordered by Magistrate Judge Thomas D. Thalken. (MBB)
December 27, 2007
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CORRECTED ORDER - A final dispositional hearing regarding the Petition for Offender Under Supervision 94 will be held before Judge Laurie Smith Camp on 2/11/08 at 4:00 pm in Courtroom 2(Omaha). Defendant must be present in person. Defendant Stacey W. Nieslen is committed to the custody of the Attorney General or his designated representative for confinement in a correctional facility; Defendant shall be afforded a reasonable opportunity for private consultation with defense counsel; and upon order of a United States court or upon request of an attorney for the government, the person in charge of the corrections facility shall deliver defendant to the United States Marshal for the purpose of an appearance in connection with a court proceeding as to defendant Stacey W. Nielsen. Ordered by Magistrate Judge Thomas D. Thalken. (2 Certified copy to USM) (KBJ)
January 8, 2008
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ORDER denying 103 Motion for Hearing as to Stacey W. Nielsen (1). Ordered by Magistrate Judge Thomas D. Thalken. (PAV )
September 4, 2008
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ORDER - The United States' Motion for Dismissal of Petition for Offender UnderSupervision 114 is granted; The hearing scheduled for September 8, 2008, at 11:30 a.m. is cancelled; and The Petition for Offender Under Supervision 94 is dismissed as to defendant Stacey W. Nielsen. Ordered by Judge Laurie Smith Camp. (KBJ )