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04-167 - USA v. Anderson et al


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04-167 - USA v. Anderson et al
April 22, 2005
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ORDER as to defendant James Goodwin. On the court's own motion, it is ordered that Defendant Goodwin's sentencing hearing before the undersigned United States district judge is rescheduled to Friday, June 24, 2005, at 2:30 p.m., in the Special Proceedings Courtroom, 4th Floor, Roman L. Hruska United States Courthouse, Omaha, Nebraska. Since this is a criminal case, the defendant shall be present unless excused by the court.Signed by Judge Richard G. Kopf on 4/22/2005. (KLL, )
April 25, 2005
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ORDER granting 155 motion to dismiss superseding indictment as to Ronald Jackson (3), Philip Moore (5), Richard Tibbs (6). Signed by Judge Richard G. Kopf on 4/25/2005. (KLL, )ORDER granting 155 motion to dismiss superseding indictment as to Ronald Jackson (3), Philip Moore (5), Richard Tibbs (6). Signed by Judge Richard G. Kopf on 4/25/2005. (KLL, )ORDER granting 155 motion to dismiss superseding indictment as to Ronald Jackson (3), Philip Moore (5), Richard Tibbs (6). Signed by Judge Richard G. Kopf on 4/25/2005. (KLL, )
May 2, 2005
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MEMORANDUM AND ORDER denying 146 Motion for Acquittal as to James Anderson (1); denying 147 Motion as to James Anderson (1); denying 148 Motion for New Trial as to James Anderson (1); denying 150 Motion for Release of Funds as to James Anderson (1); denying 151 Motion to Dismiss Count(s) as to James Anderson (1). Signed by Judge Richard G. Kopf on 5/2/2005. (GJG, )
May 5, 2005
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REPORT, RECOMMENDATION AND ORDER recommending to Judge Kopf that he accept the guilty plea and consider any written plea agreement; if any party desires to object to this report and recommendation they shall do so no later than 10 calendar days as to defendant Stephen Linebarger signed by Magistrate Judge David L. Piester on 5/5/2005. (SED)
May 9, 2005
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MEMORANDUM AND ORDER as to James Anderson. It is ordered that: (1) The request to release the defendant 158 163 or to move up the sentencing date is denied. (2) The motion for preliminary forfeiture 162 and the defendant's objection thereto 164 are denied. (3) On or before the close of business on May 20, 2005, the parties shall submit joint and simultaneous briefs addressing the merits of the government's claim that the property set forth in the indictment should be forfeited. In particular, the parties shall brief whether the government established at trial the requisite nexus between the property and the offense committed by the defendant. If the government fails to submit a timely brief, the forfeiture claim shall be denied on the assumption that the government has abandoned the claim. Signed by Judge Richard G. Kopf on 5/9/2005. (KLL, )
May 18, 2005
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ORDER as to defendant James Anderson. Construed as a motion, it is ordered that the affidavit of a third party 170 is denied. Signed by Judge Richard G. Kopf on 5/18/2005. (KLL, )
May 20, 2005
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ORDER as to Stephen Linebarger. It is ordered that: (1) The report and recommendation 166 is accepted. (2) The defendant is found guilty. The plea is accepted. The court decides that the plea of guilty is knowing, intelligent, voluntary, and that there is a factual basis for the plea. (3) If there is a plea agreement, I defer acceptance of the plea agreement until the time of sentencing pursuant to Rule 11(c)(3). Unless otherwise stated at the time of sentencing, the plea agreement will be deemed accepted upon the pronouncement of the judgment and sentence. (4) This case shall proceed to sentencing. Signed by Judge Richard G. Kopf on 5/20/2005. (KLL, )
May 23, 2005
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MEMORANDUM AND ORDER as to defendant James Anderson. It is ordered that the $5,1000.00 in currency seized from the defendant is subject to forfeiture. The government shall submit a proposed preliminary order of forfeiture to the undersigned.Signed by Judge Richard G. Kopf on 5/23/2005. (KLL, )
May 26, 2005
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PRELIMINARY ORDER OF FORFEITURE regarding Memorandum and Order, 175 as to defendant James Anderson. Based upon Count III of the Superceding Indictment, the guilty verdict and this Court's Memorandum and Order, the United States Marshal for the District of Nebraska ("Marshal") is hereby authorized to seize the $5,100.00 in United States currency The Defendant's interest in said currency is hereby forfeited to the United States of America for disposition in accordance with the law. Signed by Judge Richard G. Kopf on 5/26/2005. (CC to USM) (JAR)
June 7, 2005
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TENTATIVE FINDINGS OF FACT regarding Presentence Investigation Report as to defendant James Goodwin. It is ordered that the parties are herewith notified that my tentative findings are that the presentence report is correct in all respects. ETC.Signed by Judge Richard G. Kopf on 6/7/2005. (KLL, )
June 7, 2005
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ORDER denying 178 renewed motion for release pending sentencing as to James Anderson. Signed by Judge Richard G. Kopf on 6/7/2005. (KLL, )
June 29, 2005
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JUDGMENT signed by District Judge Richard G. Kopf on 6/29/2005 as to James Goodwin (2); Upon a plea of guilty to Count I of the Superseding Indictment, defendant is sentenced to the custody of the Bureau of Prisons for a term of 6 months with no supervised release to follow and $100 special assessment; Count II of the Superseding Indictment is dismissed on the motion of the United States as to this defendant only (5 certified copies forwarded to U.S. Marshal). (BMH)
June 29, 2005
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TENTATIVE FINDINGS OF FACT regarding revised presentence investigation report and addendum as to defendant James Anderson. It is ordered that: (1) The objections to the presentence report stated in the addendum are denied for the reasons articulated by the probation officer in the addendum. (2) The undersigned gives notice that he may depart upward from the custodial range suggested by the advisory Guidelines to impose a prison sentence greater than that suggested by the advisory Guidelines. The Court is tentatively persuaded that upward departure may be warranted because of the defendant's frequent use of a weapon during the commission of the offenses of conviction (e.g., PSR paragraph 22-24); the defendant's role of providing "muscle or security" for the illegal enterprise (e.g., PSR paragraph 15); and the defendant's propensity to carry weapons as shown by his criminal history (e.g., PSR paragraphs 49&52). In particular, the undersigned believes that an upward departure may be warranted under the provisions of U.S.S.G. section 5K2.6 regarding the use or possession of weapons during the commission of the offense. By analogy to U.S.S.G. section 2D1.1(b)(1) (regarding possession of a firearm during an offense involving a drug crime), the undersigned tentatively believes that the defendant's advisory Guideline base offense level should be increased by 2 points. Everything else remaining the same, the defendant's total offense level would then become 14 rather than 12. Given a criminal history category of III, defendant's custodial Guideline range would be 21-27 months in prison. Given the repeated use or possession of weapons by the defendant during the offense of conviction, the undersigned is tentatively persuaded that a sentence of 27 months in prison should be imposed. In addition to considering the PSR, the undersigned herewith takes judicial notice of the evidence presented at trial, a trial over which the undersigned presided. (3) The court will take up the defendant's motion for departure 176 and supplemental motion for departure 182 at sentencing. (4) The parties are herewith notified that my tentative findings are that the presentence report is otherwise correct in all respects.ETC.Signed by Judge Richard G. Kopf on 6/29/2005. (KLL, )
July 11, 2005
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TENTATIVE FINDINGS OF FACT regarding Revised Presentence Investigation Report as to defendant Stephen Linebarger. It is ordered that the parties are herewith notified that my tentative findings are that the presentence report is correct in all respects; etc.Signed by Judge Richard G. Kopf on 7/11/2005. (KLL, )
July 12, 2005
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ORDER as to James Anderson. It is ordered that David Herzog's motion and application for leave to withdraw as retained counsel for defendant 190 is denied. Signed by Judge Richard G. Kopf on 7/12/2005. (KLL, )
July 12, 2005
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WITHDRAWN - ORDER granting in part 190 Motion to Withdraw as Attorney as to James Anderson (1). Mr. David Herzog is given leave to withdraw as defendant's privately retained counsel. Mr. David Herzog, Esq. is appointed pursuant to 18 U.S.C. 3006A, et seq. to represent the defendant for the duration of the case, effective as of the filing of the motion to withdraw, July 11, 2005, through the filing of an appeal if so directed by the defendant. Signed by Magistrate Judge David L. Piester on 7/12/2005. (GJG, ) Modified on 7/13/2005 to withdraw per order 193 (GJG, ).
July 13, 2005
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ORDER regarding Order on Motion to Withdraw as Attorney, 192 as to defendant(s) James Anderson. The memorandum and order of the undersigned filed July 12, 2005 (filing 192) is withdrawn.Signed by Magistrate Judge David L. Piester on 7/13/2005. (GJG, )
August 8, 2005
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FINAL ORDER OF FORFEITURE sustaining 197 Motion for Final Order of Forfeiture as to James Anderson (1). The subject property, $5,100.00 in United States currency, be, and the same hereby is forfeited to the United States of America. The U.S. Marshal for the District of Nebraska is directed to dispose of said property in accordance with law. Signed by Judge Richard G. Kopf on 8/8/2005. (CS, )
August 8, 2005
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JUDGMENT as to Stephen Linebarger (4) - Defendant pleaded guilty to Count I of the Superseding Indictment and is committed to the Bureau of Prisons for a term of 6 months, with no supervised release to follow, and pay $100 Special Assessment; Count II of the Superseding Indictment is Dismissed on the motion of the United States, as to defendant Stephen Linebarger. Defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons no earlier than 60 days from today's date. Signed by Judge Richard G. Kopf on 8/8/2005. (4 Certified Copies to USM) (CS, )
August 10, 2005
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JUDGMENT as to James Anderson (1), Count(s) 1s, Defendant found guilty to Counts I and II of the Superseding Indictment and is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total term of 21 (twenty-one) months; 3 years os Supervised Release with Special Conditions; $200 Special Assessment; $3,000 fine as to defendant(s) James Anderson. 4 CERTIFIED COPIES TO USM. Signed by Judge Richard G. Kopf on 8/10/2005. (GJG, ) Modified on 8/16/2005 to correct that defendant was found guilty, not pleaded guilty as to Counts I and II of the Superseding Indictment (GJG, ).
August 18, 2005
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MEMORANDUM AND ORDER Regarding Notice of Appeal211. The motion to appeal in forma pauperis (filing 214 part 2) is granted. The motion for release from confinement pending appeal (filing 214 part 1) is denied. The motion for leave to withdraw as counsel (filing 212) is denied without prejudice to reassertion to the Court of Appeals. The request for transcript to be paid pursuant to the Criminal Justice Act (filing 215) is granted. Signed by Judge Richard G. Kopf on 8/18/2005. (JAR)
September 17, 2009
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ORDER as to defendant James Anderson. It is ordered that: (1)The defendant's unopposed motion to continue hearing 264 is granted.(2)Defendant Anderson's arraignment and disposition hearing are continued to Tuesday, January 26, 2010, at 12:00 p.m., before the undersigned United States district judge, in Courtroom No. 1, United States Courthouse and Federal Building, 100 Centennial Mall North, Lincoln, Nebraska. The defendant shall be present unless excused by the court. Ordered by Judge Richard G. Kopf. (KLL, )
January 25, 2010
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ORDER as to defendant James Anderson. It is ordered that the defendant's arraignment and disposition hearing are rescheduled to March 4, 2010, at 12:00 noon before Judge Kopf. The defendant shall be present for the hearing. Ordered by Judge Richard G. Kopf. (KLL, )