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04-432 - USA v. Davis et al


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04-432 - USA v. Davis et al
April 20, 2005
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ORDER granting 77 Motion to Continue the Plea Hearing, as to Brandi DeSantiago (3). The Change of Plea hearing is continued to May 3, 2005 at 1:00p.m. before Magistrate Judge Thomas D. Thalken, in Courtroom No. 7. The time between April 20, 2005 and the hearing on theanticipated plea of guilty is excluded for purposes of computing the limits under the SpeedyTrial Act. Signed by Magistrate Judge Thomas D. Thalken on 4/20/2005. (JAE, )
May 2, 2005
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ORDER granting 79 Motion to Continue as to Brian M. Davis (1). The Change of Plea hearing is continued to June 30, 2005 at9:00 a.m. before Magistrate Judge Thomas D. Thalken. The time between April 27, 2005 and the hearing on theanticipated plea of guilty is excluded for purposes of computing the limits under the SpeedyTrial Act. Signed by Magistrate Judge Thomas D. Thalken on 5/2/2005. (ADB )
May 3, 2005
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REPORT AND RECOMMENDATION that Judge Smith Camp accept the guilty plea and consider the plea agreement at time of sentencing as to defendant Brandi DeSantiago. Signed by Magistrate Judge Thomas D. Thalken on 5/3/2005. (ADB)
May 20, 2005
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ORDER the Unopposed MOTION to Continue Sentencing 89 as to defendant Lawrence A. Peterson is granted; Sentencing set for 6/6/2005 at 03:30 PM in Courtroom 2 (Omaha) before Judge Laurie Smith Camp. Signed by Judge Laurie Smith Camp on 5/20/2005. (ETC)
May 24, 2005
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TENATIVE FINDINGS regarding the Revised Presentence Investigation Report granting 86 Plaintiff's Objection to Presentence Investigation Report; granting Defendant's objection to Paragraph 44 of the PSR 88; and the Defendant's remaining objections will be heard at sentencing as to Lawrence A. Peterson (2). Signed by Judge Laurie Smith Camp on 5/24/2005. (JB)
May 25, 2005
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MEMORANDUM AND ORDER adopting 83 Magistrate Judge's Report and Recommendation as to Brandi DeSantiago (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 5/25/2005. (JB)
June 13, 2005
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JUDGMENT as to Lawrence A. Peterson- Defendant plead guilty to counts I and VI of the Superseding Indictment and is committed to the custody of the Bureau of Prisons for a term of 188 months; 5 years Supervised Release with special conditions; $100 Special Assessment, The Indictment and Counts II & V of the Superseding Indictment are dismissed on the motion of the United States as to defendant Lawrence A. Peterson. Final order of forfeiture as to count VI forthcoming. Signed by Judge Laurie Smith Camp on 6/13/2005. 5 cert to USM (MKR, )
June 30, 2005
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REPORT AND RECOMMENDATION from Magistrate Judge Thalken to Judge Smith Camp that she accept the guilty plea tendered by the defendant; and that she not accept the written plea agreement at this time as it contains a provisionunder Fed. R. Crim. P. 11(c)(1)(C), but rather she consider the agreement at the time of sentencing; and ORDER that any objection to this Report and Recommendation shall be within ten (10) days after being served with a copy of this Report and Recommendation. Failure to timely object may constitute a waiver of any such objection. The brief in support of any objection shall be filed at the time of filing such objection. Failure to file a brief in support of any objection may be deemed an abandonment of the objection as to defendant Brian M. Davis. Signed by Magistrate Judge Thomas D. Thalken on 6/30/2005. (KBJ)
August 2, 2005
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MEMORANDUM AND ORDER adopting 104 Magistrate Judge's Report and Recommendation as to Brian M. Davis (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 8/02/2005. (JB)
August 19, 2005
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TENTATIVE FINDINGS OF FACT regarding Presentence Investigation Report as to defendant Brandi DeSantiago. Signed by Judge Laurie Smith Camp on 8/19/2005. (DKM, )
August 29, 2005
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JUDGMENT as to Brandi DeSantiago (3), The defendant plead guilty to Count I of the Superseding Indictment and committed to the custody of the Bureau of Prisons for 87 months; 3 years supervised release with special conditions; $100 special assessment; On Motion of the Government Count VI is dismissed; defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons before 2:00 p.m. on February 1, 2006 as to defendant Brandi DeSantiago. Signed by Judge Laurie Smith Camp on 8/29/2005. (4 certified copies to USM) (CJP)
September 7, 2005
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TENTATIVE FINDINGS regarding the Revised Presentence Investigation Report as to Defendant Brian M. Davis. Signed by Judge Laurie Smith Camp on 9/7/2005.(JB)
September 19, 2005
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JUDGMENT as to Brian M. Davis (1), Counts 1, 3, 3s, 4, 4s, 6s - Counts I, III, IV of the Indictment and Counts III, IV, VI of the Superseding Indictment are dismissed on the motion of the USA as to this defendant only; Count 1s - Defendant pleaded guilty to count I of the Superseding Indictment and is committed to custody of Bureau of Prisons for 188 months; 5 years supervised release with special conditions; $100.00 special assessment as to defendant Brian M. Davis. Signed by Judge Laurie Smith Camp on 9/19/2005. (4 certified copies given to U.S. Marshal) (ADB)
April 18, 2006
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ORDER regarding MOTION to Reduce Sentence 132 as to defendant Brandi DeSantiago; Motion Hearing set for 4/26/2006 at 08:30 AM in Courtroom 2 (Omaha) before Judge Laurie Smith Camp. Signed by Judge Laurie Smith Camp on 4/18/2006. Copy to FPD. (ETC)
April 26, 2006
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AMENDED JUDGMENT (Reduction of Sentence) as to Brandi DeSantiago. Defendant plead guilty to Count I of the Superseding Indictment and committed to the custody of the Bureau of Prisons for 72 months; 3 years supervised release with special conditions; $100 special assessment as to defendant Brandi DeSantiago. Signed by Judge Laurie Smith Camp on 4/26/2006. (DKM, )
March 5, 2015
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MEMORANDUM AND ORDER that no later than April 3, 2015, counsel of record shall confer and do one of the following: A. File a stipulation signed by both counsel containing the following provisions: (i) an agreement that the defendant is eligible for a sentence reduction pursuant to 18 U.S.C. § 3582(c) and U.S.S.G. § 1B1.10; (ii) an agreement that the defendant may be resentenced without being present and without further notice; and (iii) an agreement regarding the recommended sentence; or B. In lieu of the stipulation described in paragraph A, counsel for the government shall contact my judicial assistant and arrange a telephone conference with the undersigned and counsel for the defendant so that further progression of this case may be scheduled. 2. In the event that the parties do not respond by the deadline listed above, the Court has the discretion to resentence the Defendant pursuant to the information contained in the Worksheet as to defendant Lawrence A. Peterson. Ordered by Chief Judge Laurie Smith Camp. (Copy mailed to pro se party) (JSF)
April 3, 2015
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ORDER REDUCING SENTENCE - USSC Amendment as to defendant Lawrence A. Peterson. The defendant's previously imposed sentence of imprisonment of 188 months is reduced to 151 months. Ordered by Chief Judge Laurie Smith Camp. (Copy mailed to pro se party) (MBM)
August 25, 2015
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ORDER REDUCING SENTENCE - USSC Amendment as to defendant Brian M. Davis. The defendant's previously imposed sentence of imprisonment of 188 months is reduced to 151 months. Ordered by Chief Judge Laurie Smith Camp. (Copy mailed to defendant)(SLP)
October 17, 2016
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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 Brian M. Davis. Ordered by Magistrate Judge Thomas D. Thalken. (SLP)
October 17, 2016
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ORDER of ABEYANCE as to defendant Brian M. Davis. The government's motion for detention of Brian M. Davis pursuant to the Bail Reform Act is held in abeyance pending the defendant's coming into federal custody. The U.S. Marshal for the District of Nebraska is directed to place a detainer with the correctional officer having custody of the defendant. Ordered by Magistrate Judge Thomas D. Thalken. (SLP)
October 17, 2016
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ORDER regarding PETITION FOR OFFENDER UNDER SUPERVISION 157 as to defendant Brian M. Davis. I find the Petition alleges probable cause and Davis should be held to answer for a final dispositional hearing before Chief Judge Laurie Smith Camp. A final dispositional hearing will be held before Chief Judge Laurie Smith Camp in Courtroom No. 2, Third Floor, Roman L. Hruska U.S. Courthouse, 111 South 18th Plaza, Omaha, Nebraska, at 11:00 a.m. on December 8, 2016. Defendant must be present in person. Ordered by Magistrate Judge Thomas D. Thalken. (SLP)
December 8, 2016
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JUDGMENT for Revocation of Supervised Release as to defendant Brian M. Davis. Defendant admitted guilt to Violation 1 of the term of supervision. The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a term of thirty-seven (37) months to begin today; said term will run concurrent with the defendant's state court sentence in Iowa. Upon release from imprisonment, the defendant shall be on supervised release for a term of twenty-four (24) months. Ordered by Chief Judge Laurie Smith Camp. (1 certified copy to U.S. Marshal) (KMG)