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04-178 - USA v. Levering


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04-178 - USA v. Levering
July 14, 2006
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ORDER regarding Mandate/Judgment, 106 as to defendant Merwyn L. Levering; Resentencing set for 10/16/2006 at 10:30 AM in Courtroom 2 (Omaha) before Judge Laurie Smith Camp. Signed by Judge Laurie Smith Camp on 7/14/2006. Certified Copy to USM. (ETC)
October 24, 2006
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AMENDED JUDGMENT (Correction of Sentence on Remand) as to Merwyn L. Levering (1). The defendant was found guilty on counts 1 and 2 of the superseding indictment and is committed to the custody of the Bureau of Prisons for 262 months on count 1 and 120 months on count 2 which are grouped pursuant to U.S.S.G. Section 3D1.2(d) and shall run concurrent; 5 years supervised release with special conditions on count 1 and 3 years supervised release with special conditions on count 2 to run concurrent; and $200 special assessment. Counts 1 and 2 of the indictment are dismissed on the motion of the United States as to defendant Merwyn L. Levering. Ordered by Judge Laurie Smith Camp. 4 certified copies to the USM.(JSF)
April 20, 2016
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ORDER that on or before May 10, 2016, the United States shall: file an Answer to the Defendant's § 2255 Motion (Filing No. 119) and support its Answer with a brief and file a response to the Defendant's Motion for Release Pending Hearing on Defendant's Petition for Habeas Corpus (Filing No. 121); and on or before May 20, 2016, the Defendant may file a responsive brief as to Merwyn L. Levering (1). Ordered by Chief Judge Laurie Smith Camp. (JB)
May 13, 2016
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MEMORANDUM AND ORDER -The Defendant's Motion to Vacate and Correct Sentence Under 28 U.S.C. § 2255 (Filing No. 119) is granted in part as follows: Defendant's sentence is vacated; an expedited Order on Sentencing Schedule will be issued; the Defendant's re-sentencing is scheduled for June 13, 2016, at 10:00 a.m.; the Motion is otherwise denied; and The Defendant's Motion for Release Pending Hearing on Defendant's Petition for Habeas Corpus (Filing No. 121) is denied as to Merwyn L. Levering (1). Ordered by Chief Judge Laurie Smith Camp. ( MKR)
May 17, 2016
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ORDER that a re-sentencing hearing is scheduled before the undersigned on June 13, 2016, at 10:00 a.m. in Courtroom No. 2, Roman L. Hruska U.S. Courthouse, 111 South 18th Plaza, Omaha, Nebraska. The United States Marshal is directed to return the defendant to the district. The Clerk of the Court shall serve a copy of this order to counsel for the government, the Federal Public Defender and the US Marshal as to defendant Merwyn L. Levering. Ordered by Chief Judge Laurie Smith Camp. (Copies mailed as directed) (JSF)
June 9, 2016
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TENTATIVE FINDINGS OF FACT regarding Presentence Investigation Report as to defendant Merwyn L. Levering. Ordered by Chief Judge Laurie Smith Camp. (JSF)
July 19, 2016
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AMENDED JUDGMENT (Johnson v. United States, 135 S. Ct. 2551, 2557 (2015)) as to defendant Merwyn L. Levering. The defendant was found guilty on counts I and II of the superseding indictment and is committed to the custody of the United States Bureau of Prisons to be imprisoned for a term of two hundred forty (240) months on count I and one hundred twenty (120) months on count II, the terms shall run concurrent; five (5) years supervised release with special conditions on count I and three (3) years supervised release with special conditions on count II to run concurrent; $200 (balance $100.00) Special Assessment. Counts I and II of the indictment are dismissed on the motion of the United States. Ordered by Chief Judge Laurie Smith Camp. (1 Certified copy to USM)(GJG)
August 1, 2016
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MEMORANDUM AND ORDER - The Defendant's Motion for Extend Time to File a Notice of Appeal (Filing No. 142) is granted; The Defendant will have until August 19, 2016, to file any notice of appeal; The Motion to Withdraw as Attorney (Filing No. 143) is granted; and The Clerk is directed to mail a copy of this order to the Defendant at his last known address as to Merwyn L. Levering (1). Ordered by Chief Judge Laurie Smith Camp. (copies mailed as directed) (MKR) Modified on 8/2/2016 to reflect copies mailed as directed(MKR).
August 8, 2016
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ORDER permitting the defendant to proceed on appeal in forma pauperis regarding Notice of Appeal to USCA146 as to defendant Merwyn L. Levering. Ordered by Chief Judge Laurie Smith Camp. (Copy mailed to pro se party)(MKR)
September 15, 2016
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MEMORANDUM AND ORDER as to defendant Merwyn L. Levering. A certificate of appealability will be issued and the Defendant will be permitted to proceed in forma pauperis in his appeal of the partial denial of his 28 U.S.C. § 2255 action. Ordered by Chief Judge Laurie Smith Camp. (Copy mailed to pro se party)(GJG)