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04-535 - USA v. Elmer et al


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04-535 - USA v. Elmer et al
April 19, 2005
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ORDER denying 40 Motion to Review Order of Detention as to Greg M. Darling. Signed by Magistrate Judge F. A. Gossett on 4/19/2005. (MLF, )
April 20, 2005
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ORDER scheduling Change of Plea Hearing on 4/26/2005 03:30 PM in Courtroom 3 (Omaha) before Chief Judge Joseph F. Bataillonas to defendant(s) Pedro S. Navarette. Signed by Judge Joseph F. Bataillon on 4/20/2005. (SMS, )
April 20, 2005
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ORDER granting 43 Motion to Continue Trial, as to Greg M. Darling (2). Trial of this matter is scheduled for June 20, 2005, before Chief Judge JosephF. Bataillon and a jury. The time between April 20, 2005 andJune 20, 2005, shall be deemed excludable time in any computation of time under therequirement of the Speedy Trial Act. Signed by Magistrate Judge Thomas D. Thalken on 4/20/2005. (JAE, )
May 10, 2005
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ORDER regarding 52 Motion to Review Order of Detention as to Greg M. Darling. Pretrial Services is ordered to investigate the proposed release plan and provide a report to the court and counsel by May 27, 2005. Signed by Magistrate Judge F. A. Gossett on 5/10/2005. (MLF, )
May 31, 2005
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ORDER that 52 Motion to Review as to Greg M. Darling (2) is set for hearing on 6/2/05 at 9:00 am before Magistrate Judge F. A. Gossett. Signed by Magistrate Judge F. A. Gossett on 5/31/2005. (JSF)
June 28, 2005
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PRELIMINARY ORDER OF FORFEITURE - The United States' Motion for Issuance of Preliminary Order of Forfeiture 68 is herebysustained. Based upon Count VII of the Indictment and the Defendants' pleas of guilty, the US Marshal is hereby authorized to seize the following describedproperties: $2,295.00, $6,928.00, $20,000.00, $26,740.00, $10,520.00 and $895.00 in US currency. The Defendants' interest in said properties is hereby forfeited to the United States of America for disposition in accordance with the law. The aforementioned forfeited properties are to be held by the Marshal in his secure custody and control. Upon adjudication of all third-party interests, this Court will enter a Final Order ofForfeiture, as to Keith C. Elmer (1), Greg M. Darling (2), Pedro S. Navarette (3). Signed by Judge Joseph F. Bataillon on 6/28/2005. Certified copy USM (JAE, )PRELIMINARY ORDER OF FORFEITURE - The United States' Motion for Issuance of Preliminary Order of Forfeiture 68 is herebysustained. Based upon Count VII of the Indictment and the Defendants' pleas of guilty, the US Marshal is hereby authorized to seize the following describedproperties: $2,295.00, $6,928.00, $20,000.00, $26,740.00, $10,520.00 and $895.00 in US currency. The Defendants' interest in said properties is hereby forfeited to the United States of America for disposition in accordance with the law. The aforementioned forfeited properties are to be held by the Marshal in his secure custody and control. Upon adjudication of all third-party interests, this Court will enter a Final Order ofForfeiture, as to Keith C. Elmer (1), Greg M. Darling (2), Pedro S. Navarette (3). Signed by Judge Joseph F. Bataillon on 6/28/2005. Certified copy USM (JAE, )PRELIMINARY ORDER OF FORFEITURE - The United States' Motion for Issuance of Preliminary Order of Forfeiture 68 is herebysustained. Based upon Count VII of the Indictment and the Defendants' pleas of guilty, the US Marshal is hereby authorized to seize the following describedproperties: $2,295.00, $6,928.00, $20,000.00, $26,740.00, $10,520.00 and $895.00 in US currency. The Defendants' interest in said properties is hereby forfeited to the United States of America for disposition in accordance with the law. The aforementioned forfeited properties are to be held by the Marshal in his secure custody and control. Upon adjudication of all third-party interests, this Court will enter a Final Order ofForfeiture, as to Keith C. Elmer (1), Greg M. Darling (2), Pedro S. Navarette (3). Signed by Judge Joseph F. Bataillon on 6/28/2005. Certified copy USM (JAE, )
August 2, 2005
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JUDGMENT as to Pedro S. Navarette. Defendant plead guilty to Counts 1,4,6,7 as to the Indictment and sentenced to 151 months on Count 1, 151 months on Count 4, said terms to run concurrently; 5 years on Count 6 to be served consecutively to the underlying term. Supervised Release of 5 years on Count 1, 5 years on Count 4, and 5 years on Count 6 said terms to run concurrent; $300.00 Special Assessment. The Indictment in Case No.8:03CR568 is dismissed on the motion of the Government as to this defendant only as to defendant Pedro S. Navarette. Signed by Judge Joseph F. Bataillon on 8/2/2005. - (4 cc to USM) (KBJ, )
August 9, 2005
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ORDER permitting defendant to proceed in forma pauperis regarding Notice of Appeal to USCA 79, as to defendant Pedro S. Navarette. Signed by Judge Joseph F. Bataillon on 8/9/2005. (JAE, )
September 14, 2005
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FINAL ORDER OF FORFEITURE - The Plaintiff's Motion for Final Order of Forfeiture 92 is hereby sustained. All right, title and interest in and to the subject properties, i.e., $2,295.00, $6,928.00, $20,000.00, $26,740.00, $10,520.00 and $895.00 in United States Currency, held by any person orentity, are hereby forever barred and foreclosed. The subject properties are forfeited to the United States of America. The US Marshal for the District of Nebraska is directed to dispose of said properties in accordance with law, as to Keith C. Elmer (1), Greg M. Darling (2), Pedro S. Navarette (3). Signed by Judge Joseph F. Bataillon on 9/14/2005. Certified copy USM. (JAE, )FINAL ORDER OF FORFEITURE - The Plaintiff's Motion for Final Order of Forfeiture 92 is hereby sustained. All right, title and interest in and to the subject properties, i.e., $2,295.00, $6,928.00, $20,000.00, $26,740.00, $10,520.00 and $895.00 in United States Currency, held by any person orentity, are hereby forever barred and foreclosed. The subject properties are forfeited to the United States of America. The US Marshal for the District of Nebraska is directed to dispose of said properties in accordance with law, as to Keith C. Elmer (1), Greg M. Darling (2), Pedro S. Navarette (3). Signed by Judge Joseph F. Bataillon on 9/14/2005. Certified copy USM. (JAE, )FINAL ORDER OF FORFEITURE - The Plaintiff's Motion for Final Order of Forfeiture 92 is hereby sustained. All right, title and interest in and to the subject properties, i.e., $2,295.00, $6,928.00, $20,000.00, $26,740.00, $10,520.00 and $895.00 in United States Currency, held by any person orentity, are hereby forever barred and foreclosed. The subject properties are forfeited to the United States of America. The US Marshal for the District of Nebraska is directed to dispose of said properties in accordance with law, as to Keith C. Elmer (1), Greg M. Darling (2), Pedro S. Navarette (3). Signed by Judge Joseph F. Bataillon on 9/14/2005. Certified copy USM. (JAE, )
September 16, 2005
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JUDGMENT as to Greg M. Darling (2), Defendant plead guilty to Counts I, V and VII of the Indictment and is committed to the custody of the Bureau of Prisons for 135 months as to Count I and 60 months as to Count V; said terms of imprisonment shall run consecutively; 5 years supervised release with special conditions as to Count I and 5 years supervised release with special conditions as to Count V; said terms of supervised release shall run concurrently; $200 special assessment; Counts II and III of the Indictment are dismissed on the motion of the United States as to this defendant only as to defendant Greg M. Darling. Signed by Judge Joseph F. Bataillon on 9/16/2005. (4 certified copies to USM) (CJP)
September 20, 2005
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ORDER scheduling hearing on 10/4/2005 at 1:00 p.m., Courtroom 3 (Omaha),regarding 102 Rule 35 Motion; defense counsel reappointed; U.S. Marshal to return defendant to this district as to Greg M. Darling (2). Signed by Judge Joseph F. Bataillon on 9/20/2005. (SMS, )
September 23, 2005
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JUDGMENT as to Keith C. Elmer (1), Count 1 - Count I of the Indictment is dismissed on the motion of the USA as to this defendant only; Counts 2, 7 - Defendant plead guilty to counts II and VII of the Indictment and is committed to custody of Bureau of Prisons for 37 months; 3 years supervised release with special conditions; $100.00 special assessment; the defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons as notifed by the U.S. Marshal as to defendant Keith C. Elmer. Signed by Judge Joseph F. Bataillon on 9/23/2005. (4 certified copies given to U.S. Marshal) (ADB )
September 26, 2005
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AMENDED JUDGMENT for reduction of sentence as to Keith C. Elmer (1), Count 1 - Count I of the Indictment is dismissed on the motion of the USA as to this defendant only; Counts) 2, 7 - Defendant plead guilty to counts II and VII of the Indictment and is committed to custody of Bureau of Prisons for 30 months; 3 years supervised release with special conditions; $100.00 special assessment; the defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons as notifed by the U.S. Marshal as to defendant Keith C. Elmer. Signed by Judge Joseph F. Bataillon on 9/26/2005. (4 certified copies given to U.S. Marshal) (ADB)
October 5, 2005
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AMENDED JUDGMENT (reduction of sentence for changed circumstances) as to Greg M. Darling (2), Defendant plead guilty to Counts I, V and VII of the Indictment and is committed to the custody of the Bureau of Prisons for 24 months as to Count I and 60 months as to Count V; said terms of imprisonment shall run consecutively; 5 years supervised release with special conditions as to Count I and 5 years supervised release with special conditions as to Count V; said terms of supervised release shall run concurrently; $200 special assessment; Counts II and III of the Indictment are dismissed on the motion of the United States as to this defendant only as to defendant Greg M. Darling. Signed by Judge Joseph F. Bataillon on 10/5/2005. (4 certified copies to USM) (CJP)
October 18, 2005
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ORDER granting 112 Defendant's Motion to Extend Time to Self-Surrender as to Keith C. Elmer (1). Signed by Judge Joseph F. Bataillon on 10/18/2005. (SMS, )
September 29, 2015
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ORDER REDUCING SENTENCE - USSC Amendment: the defendant's previously imposed sentence of imprisonment of 151 months is reducted to 135 months for Count I and Count IV as to this defendant only as to defendant Pedro S. Navarette. Ordered by Senior Judge Joseph F. Bataillon. (ADB)
February 13, 2017
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ORDER - IT IS HEREBY ORDERED that: Counsel's motion to withdraw (Filing No. 133) is granted as to Pedro S. Navarette. Ordered by Senior Judge Joseph F. Bataillon. (Copy mailed to pro se party)( TCL)