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04-204 - USA v. Gochenour


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04-204 - USA v. Gochenour
April 22, 2005
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ORDER as to defendant Gary Dean Gochenour. On the court's own motion, it is ordered that Defendant Gochenour's sentencing before the undersigned United States district judge is rescheduled to Friday, June 24, 2005, at 9:30 a.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 as to defendant Gary Dean Gochenour. On the oral motion of defense counsel, and with the agreement of the government, it is ordered that Defendant Gochenour's sentencing is continued before the undersigned United States district judge to Friday, August 5, 2005, at 10:00 a.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 4/25/2005. (KLL, )
May 26, 2005
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ORDER that the Clerk's Office shall strike MOTION to Extend Time in Which to File PSR Statement45 from the record. The party is directed to re-file the document, as to defendant Gary Dean Gochenour. Signed by Judge Richard G. Kopf on 5/26/2005. (CS, )
May 31, 2005
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ORDER as to Gary Dean Gochenour. It is ordered that the defendant's motion to extend time in which to file PSR statement 46 is granted. Sentencing schedule deadlines extended, but sentencing remains set for 8/5/2005 before Judge Kopf in Omaha. Signed by Judge Richard G. Kopf on 5/31/2005. (KLL, )
July 22, 2005
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ORDER as to defendant Gary Dean Gochenour. It is ordered that: (1) Michael R. Norton, Supervisory United States Probation Officer, shall provide me with a letter-report (via e-mail) indicating why the government failed to bring the defendant before this court on these charges until after the defendant had been released from state prison on the IHOP charges. I request that Mr. Norton provide the report to me on or before August 4, 2005, and that he provide copies to counsel. (2) The parties are notified that I may depart or deviate (vary) from the Advisory Guidelines and impose a sentence less than called for under those Guidelines for reasons similar to those articulated by Mr. Norton. See also, United States v. Wehrbein, 61 F. Supp.2d 958, 980 (D. Neb.1999) (departure under U.S.S.G. sec. 5K2.0 was warranted based in part upon the fact that tardy federal prosecution followed service of state prison sentence on similar charges); U.S.S.G. sec. 4A1.3(b) (downward departure for over-representation of criminal history category).Signed by Judge Richard G. Kopf on 7/22/2005. (KLL, )
July 28, 2005
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TENTATIVE FINDINGS OF FACT regarding Revised Presentence Investigation Report as to defendant Gary Dean Gochenour. It is ordered that: (1) The parties are herewith notified that my tentative findings are that the presentence report is correct in all respects; (2) The Court reminds the parties that it may depart or deviate downward as provided in 49; etc. Signed by Judge Richard G. Kopf on 7/28/2005. (KLL, )
August 31, 2005
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Order re: "reasonable doubt" standard at sentencing, and the clerk shall file this Memorandum and Order in all pending criminal cases. Signed by Judge Richard G. Kopf on 8/31/2005. (KLL, )
September 9, 2005
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MEMORANDUM AND ORDER as to defendant Gary Dean Gochenour. It is ordered that: (1) No later than Friday, September 23, 2005, Gochenour, through his counsel, shall file a pleading affirmatively stating whether or not Gochenour consents to and requests a continuance of this matter until November of 2006. If Gochenour does not desire such a continuance, his counsel shall file a pleading so stating. That is, a response is required no matter what that response might be. If such a continuance is requested, defense counsel shall also submit an affidavit from Gochenour affirming his consent to, and request for, a continuance and waiving (giving up) any right to a more speedy sentencing determination. (2) If Gochenour requests a continuance, I will continue this matter and set sentencing for sometime in late November of 2006. I will also order an updated presentence report and request that it be provided by November 1, 2006, so that I will have an objective assessment of Gochenour's performance in the interim. (3) If Gochenour does not request a continuance, I will promptly resolve the motion for departure and variance 51 and set this matter for sentencing in the relatively near future. Signed by Judge Richard G. Kopf on 9/9/2005. (KLL, )
September 20, 2005
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ORDER as to Gary Dean Gochenour. It is ordered that: (1) The defendant's motion 60 is granted. Sentencing on this matter is continued until Friday, November 17, 2006, at 12:00 noon, in the Special Proceedings Courtroom in Omaha, Nebraska. (2) By Wednesday, November 1, 2006, Mike Norton, Supervising United States Probation Officer, shall submit an update to the presentence report in the form of a letter to the undersigned with copies to counsel: (a) detailing the defendant's progress since commencing state work release on October 27, 2003 until the date of the report; (b) providing Mr. Norton's views about the propriety of a departure for extraordinary post-offense rehabilitation; and (c) if Mr. Norton believes a departure for post-offense rehabilitation is appropriate and warranted, stating Mr. Norton's views on the proper extent of such a departure. (3) The parties shall submit briefs on Thursday, November 9, 2006 setting forth their views on the proper sentence, and particularly the propriety of a departure for extraordinary post-offense rehabilitation. (4) My chambers will provide Mr. Norton with a copy of this memorandum and order. Signed by Judge Richard G. Kopf on 9/20/2005. (KLL, )
September 26, 2005
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ORDER as to Gary Dean Gochenour. It is ordered that the government's motion for reconsideration and objection to the defendant's motion to continue sentencing 63 is granted to the extent that I have reconsidered the decision granting the continuance, but is otherwise denied. The previous order granting the continuance shall stand. Signed by Judge Richard G. Kopf on 9/26/2005. (KLL, )
January 17, 2006
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ORDER as to defendant Gary Dean Gochenour. ***Sentencing set for 11/17/2006 12:00 PM WILL BE HELD IN COURTROOM 1 (LINCOLN) before Judge Richard G. Kopf. Signed by Judge Richard G. Kopf on 1/17/2006. (KLL, )
November 3, 2006
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ORDER as to defendant Gary Dean Gochenour. ***Sentencing reset to 12/27/2006 12:00 PM in Courtroom 1 (Lincoln) before Judge Richard G. Kopf. The prior briefing schedule remains the same. Ordered by Judge Richard G. Kopf.(KLL, )
November 13, 2006
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ORDER as to defendant Gary Dean Gochenour. It is ordered that the defendant's motion for stay of sentencing proceedings 68 is denied.***Termed 68 and 71. Ordered by Judge Richard G. Kopf.(KLL, )
December 11, 2006
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MEMORANDUM AND ORDER and TENTATIVE FINDINGS OF FACT as to Gary Dean Gochenour. It is ordered that my tentative findings are that a 24-month prison sentence is appropriate. Oral objections to these tentative findings can be made at the time of sentencing. Unless the parties wish to present new evidence or assert new legal authority, written objections are not required. If written objections are required, such objections shall be submitted by the close of business on Thursday, December 21, 2006. Any written objections shall detail the new evidence or new legal authority that will be relied upon. Written objections shall also estimate the time required to present this new information at the sentencing hearing. Ordered by Judge Richard G. Kopf.(KLL, )
January 10, 2007
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ORDER as to defendant Gary Dean Gochenour. The Court is in receipt of the third revised presentence investigation report. Copies have been provided to counsel. The third revised report was necessitated by the defendant's failure to appear for sentencing. Therefore, it is ordered that the parties shall have until the close of business on Monday, January 22, 2007, to file in the court file any objections to the third revised presentence report. Tentative findings will be issued on Friday, January 26, 2007. All previous tentative findings and related orders are vacated. The parties are reminded that sentencing is scheduled for Friday, February 2, 2007, at 12:30 p.m. and one hour has been set aside for that hearing. ***Sentencing set for 2/2/2007 12:30 PM in Courtroom 1 (Lincoln) before Judge Richard G. Kopf. Ordered by Judge Richard G. Kopf.(KLL, )
January 23, 2007
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TENTATIVE FINDINGS OF FACT regarding Third Revised Presentence Investigation Report as to defendant Gary Dean Gochenour. It is ordered that: (1) The defendant's motion for departure or deviation (variance) 86 will be resolved at sentencing. (2) Except to the extent (if at all) that I have reserved an issue for later resolution in the preceding paragraph, the parties are herewith notified that my tentative findings are that the presentence report is correct in all respects. ETC. Ordered by Judge Richard G. Kopf.(KLL, )
January 29, 2007
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ORDER denying 88 defendant's objections to tentative findings, as to Gary Dean Gochenour. Ordered by Judge Richard G. Kopf.(KLL, )
February 5, 2007
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JUDGMENT as to Gary Dean Gochenour. Defendant pleaded guilty to Counts I, III, and IV of the Indictment and is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a term of one hundred five (105) months; three (3) years of Supervised Release as to Counts I, III, and IV, said terms to run concurrent; $300 Special Assessment. Restitution in the amount of $1935.49. Count II of the Indictment are dismissed on the motion of the United States as to this defendant only. Count V of the Indictment is dismissed on the motion ot the United States as to this defendant only as to defendant(s) Gary Dean Gochenour. Ordered by Judge Richard G. Kopf. 4 Certified Copies to USM. (GJG, ) Modified on 2/6/2007 to add restitution (GJG, ).
May 16, 2017
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ORDER APPOINTING COUNSEL - The Federal Public Defender for the District of Nebraska is appointed to represent the defendant in this matter as to defendant Gary Dean Gochenour. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
May 16, 2017
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RELEASE ORDER as to defendant Gary Dean Gochenour. The defendant shall appear at his revocation hearing scheduled for August 10, 2017 at 12:30 p.m. before Judge Kopf. The defendant shall comply with all terms and conditions of supervised release which were imposed at sentencing. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
June 26, 2017
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ORDER of Detention pending revocation as to defendant Gary Dean Gochenour. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
July 25, 2017
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ORDER granting 126 Motion to Review as to Gary Dean Gochenour (1). Ordered by Magistrate Judge Cheryl R. Zwart. (Copy to USM)(LAC)