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04-328 - USA v. Armendariz


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04-328 - USA v. Armendariz
April 14, 2005
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REPORT AND RECOMMENDATION to Judge Laurie Smith-Camp that, after de novo review, she accept the guilty plea and find the defendant guilty of the crime(s) towhich the defendant tendered a guilty plea; she not accept the plea agreement at this time, but rather that she consider theRule 11(c)(1)(C) agreement at sentencing; IT IS ORDERED that if any party desires to object to this report andrecommendation, they shall do so no later than 10 calendar days following the dateof this report and recommendation or they may be deemed to have waived the rightto object to adoption of the report and recommendation.as to defendant John Armendariz, Jr; . Signed by Magistrate Judge F. A. Gossett on 4/14/2005. (TJS, )
May 9, 2005
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MEMORANDUM AND ORDER adopting 115 Magistrate Judge's Report and Recommendation as to John Armendariz Jr. (1); defendant is found guilty; plea is accepted; defer acceptance of the plea agreement until the time of sentencing pursuant to Federal Rule of Criminal Procedure 11(c)(3); and case shall proceed to sentencing. Signed by Judge Laurie Smith Camp on 5/09/2005. (JB)
July 1, 2005
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TENTATIVE FINDINGS regarding the Presentence Investigation Report as to Defendant John Armendariz, Jr. Signed by Judge Laurie Smith Camp on 7/1/2005. (JB)
July 6, 2005
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AMENDED TENTATIVE FINDINGS regarding the Revised Presentence Investigation Report as to Defendant John Armendariz, Jr. Signed by Judge Laurie Smith Camp on 7/6/2005. (JB) Modified on 7/7/2005 to reflect document is amended (MKR, ).
July 13, 2005
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JUDGMENT as to John Armendariz, Jr. (1), The defendant plead guilty to Count I of the Fourth Superseding Indictment and committed to the custody of the Bureau of Prisons for 151 months; 5 years supervised release with special conditions; $100 special assessment; The Indictment, Superseding Indictment, Second, Third Superseding and Counts 2-7 of the 4th Superseding Indictment are dismissed on the motion of the United States as to this defendant only; Criminal Case Terminated as to defendant John Armendariz, Jr. Signed by Judge Laurie Smith Camp on 7/13/2005. (4 certified copies to USM) (CJP)
July 15, 2005
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ORDER permitting defendant to proceed on appeal in forma pauperis as to defendant John Armendariz, Jr. Signed by Judge Laurie Smith Camp on 7/15/2005. (DKM, )
July 18, 2005
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ORDER striking 131 Motion to Appoint Counsel and forwarding it to the Clerk, U.S. Court of Appeals as to John Armendariz Jr. (1). Signed by Judge Laurie Smith Camp on 7/18/2005. (JSF)
September 27, 2006
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MEMORANDUM AND ORDER The Court has completed the initial review of the defendant's Motion Under28 U.S.C. 2255 to Vacate, Set Aside, or Correct Sentence by a Person in FederalCustody (2255 motion) (Filing No. 149);2. On or before October 27, 2006, the United States shall file an Answer to thedefendant's Second and Third Claims in the 2255 motion and support its Answer with abrief; 3. On or before November 27, 2006, the defendant may file a responsive briefaddressing only the Second and Third Claims as to defendant John Armendariz, Jr. The Clerk is directed to mail a copy of this Memorandum and Order to thedefendant at his last known address. Ordered by Judge Laurie Smith Camp.(DKM, )
October 16, 2006
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MEMORANDUM AND ORDER granting 157 Motion for Clarification. By 11/15/06 the United States shall file an Answer or otherwise respond to: (1) all defendant's claims of Ineffective Assistance of Counsel; and (2) all claims regarding right to a speedy trial. By 12/15/06 the defendant may file a responsive briefaddressing only the government's response to: (1) all defendant's claims of Ineffective Assistance of Counsel; and (2) all claims regarding right to a speedy trial. The Clerk is directed to mail a copy of this Memorandum and Order to the defendant at his last known address as to John Armendariz Jr. (1). Ordered by Judge Laurie Smith Camp. COPIES MAILED(JSF)
March 20, 2007
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MEMORANDUM AND ORDER - The Defendant's motion under 28 U.S.C. 2255 to vacate, set aside or correct sentence 149 is denied. The Defendant's motion for correction of docket text and for copies 153 is denied as moot. The Defendant's motion to appoint counsel 154 is denied. The Defendant's motion for leave to proceed In forma pauperis 155 is denied as moot. The Defendant's motion to compel 158 is denied. A separate Judgment will be issued, as to defendant John Armendariz, Jr. The Clerk is directed to mail a copy of this Memorandum and Order to the Defendant at his last known address. Ordered by Judge Laurie Smith Camp. Mailed as directed. (JAE, )
March 20, 2007
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JUDGMENT - For the reasons discussed in the Memorandum and Order 166 the Defendant's motion to vacate under 28 U.S.C. 2255 149 is denied. The Clerk is directed to mail a copy of this Judgment to the Defendant at his last known address, as to defendant John Armendariz, Jr. Ordered by Judge Laurie Smith Camp. Mailed as directed. (JAE, )
March 27, 2007
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ORDER - The Defendant's motion for leave to proceed in forma pauperis 155 is denied as moot, as to defendant John Armendariz, Jr. The Clerk is directed to mail a copy of this Judgment to the Defendant at his last known address. Ordered by Judge Laurie Smith Camp. Mailed as directed. (JAE, )
April 26, 2007
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MEMORANDUM AND ORDER that the defendant's Motion for a Certificate of Appealability 173 is denied; that the defendant's Motion to Proceed In Forma Pauperis on appeal 171 is denied as moot; the defendant's Request for Transcript 170 is denied as moot and the Clerk of this Court shall process this matter to the Eighth Circuit Court of Appeals as to John Armendariz Jr. (1) Ordered by Judge Laurie Smith Camp.(CJP)
April 18, 2008
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ORDER the MOTION for hearing re: seized property 182 is granted; Motion Hearing set for 6/2/2008 at 10:00 AM in Courtroom 2 - Omaha before Judge Laurie Smith Camp as to defendant John Armendariz, Jr; The United States Marshal shall return the defendant for the hearing; Ordered by Judge Laurie Smith Camp. (1 Certified copy to USM) (ETC)
May 2, 2008
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ORDER that the Federal Public Defender for the District of Nebraska is appointed to represent the above-named defendant; counsel's appointment herein is made pursuant to 18 U.S.C. ยง3006A(f). At the time of the entry of judgment herein, defendant shall file a current and complete financial statement to aid the court in determining whether any portion of counsel's fees and expenses should be reimbursed by defendant; the Clerk shall provide a copy of this order to the Federal Public Defender for the District of Nebraska as to defendant John Armendariz, Jr. Ordered by Judge Laurie Smith Camp. (copies mailed as directed)(CJP)
May 19, 2008
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ORDER that the defendants motion to produce 187 is granted; and the government must produce items 6, 8, 9, 10, 19, 23, 24 and 28 (thenumbers refer to the items so numbered in 182) at the previouslyscheduled evidentiary hearing on June 2, 2008 as to John Armendariz Jr. (1). Ordered by Judge Laurie Smith Camp. (Copy mailed to pro se party)(JP)