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05-209 - USA v. Fitzgerald


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05-209 - USA v. Fitzgerald
June 9, 2005
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GENERAL ORDER 05-15 regarding the assignment of cases from the Omaha Criminal docket to Judges Kopf and Piester as to defendant Damon E. Fitzgerald. Signed by Judge Joseph F. Bataillon on 6/9/2005. (DKM, )
June 9, 2005
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ORDER pursuant to General Order 2005-15, this case isreassigned to Magistrate Judge David L. Piester for judicial supervision and processingof all pretrial matters. This case remains assigned to District Judge Richard G. Kopfas to defendant Damon E. Fitzgerald. Signed by Judge Richard G. Kopf on 6/9/2005. (DKM, )
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, )
May 16, 2007
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ORDER APPOINTING COUNSEL - Michael J. Hansen appointed as counsel as to defendant Damon E. Fitzgerald as ordered by Magistrate Judge David L. Piester. (SED)
July 9, 2007
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ORDER - Defendant's unopposed motion to continue, filing 16, is granted, and 1. Trial of this matter is continued to 9:00 a.m., September 24, 2007 for a duration of three days before the Honorable Richard G. Kopf in Courtroom 1, United States Courthouse and Federal Building, 100 Centennial Mall North, Lincoln, Nebraska. Jury selection will be held at commencement of trial. 2. The ends of justice will be served by granting such a motion, and outweigh the interests of the public and the defendant in a speedy trial, and the additional time arising as a result of the granting of the motion, the time between July 9, 2007 and September 24, 2007 shall be deemed excludable time in any computation of time under the requirements of the Speedy Trial Act, for the reason that the parties require additional time to adequately prepare the case, taking into consideration due diligence of counsel, the novelty and complexity of the case, and the fact that the failure to grant additional time might result in a miscarriage of justice. 18 U.S.C. ยง 3161(h)(8)(A)&(B) as to Damon E. Fitzgerald (1).Ordered by Magistrate Judge David L. Piester.(CS, )
September 17, 2007
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ORDER granting 18 Motion to Continue Trial as to Damon E. Fitzgerald (1). Trial of this matter is continued to 9:00 a.m., December 3, 2007, before the Honorable Richard G. Kopf in Courtroom 1, United States Courthouse and Federal Building, 100 Centennial Mall North, Lincoln, Nebraska. Jury selection will beheld at commencement of trial. The time between September 17, 2007 and December 3, 2007 shall be deemed excludable time in any computation of time under the requirements of the Speedy Trial Act. Jury Trial set for 12/3/2007 09:00 AM in Courtroom 1 (Lincoln) before Judge Richard G. Kopf. Ordered by Magistrate Judge David L. Piester.(JAB)
January 14, 2008
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ORDER as to defendant Damon E. Fitzgerald. On the court's own motion, it is ordered that the defendant's sentencing is rescheduled to Wednesday, February 27, 2008, at 1:00 p.m. before Judge Kopf. Ordered by Judge Richard G. Kopf. (KLL, )
February 21, 2008
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TENTATIVE FINDINGS OF FACT regarding Revised Presentence Investigation Report and Addendum, as to defendant Damon E. Fitzgerald. It is ordered that: (1) The defendant's objections to the presentence report and request for concurrent sentence 43 are dealt with as follows: (A.) The objection to the revised presentence report regarding whether the guns were stolen (PSR 27) and whether a sentence was six months or some lesser period (PSR 52) will be resolved at sentencing. (B.) The objection to lack of acceptance of responsibility is denied. As defense counsel admits, the defendant stated at trial that "he wanted to exercise his right to trial solely to extract time and money from the federal government for it to secure its conviction." (Filing 44 at CM/ECF page 2.) That behavior is the antithesis of acceptance of responsibility. (C.) The request to impose a concurrent sentence will be resolved at sentencing. (D.) Unless the government requests otherwise to carry its burden of proof, no additional time will be scheduled beyond that ordinarily set aside for sentencing. (2) Except to the extent (if at all) that I have sustained an objection or granted a motion or 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, )
February 28, 2008
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JUDGMENT as to Damon E. Fitzgerald. Defendant was found guilty on Count I of the Indictment after a plea of not guilty and is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a term of two hundred ninety-three (293) months, to run consecutive to the sentence imposed in state court; five (5) years of Supervised Release with Special Conditions; $100 Special Assessment. Count II of the Indictment was dismissed on motion of the United States on the first day of trial on 12/03/2007 as to defendant Damon E. Fitzgerald. Ordered by Judge Richard G. Kopf. (4 Certified copies to USM)(GJG, )
March 3, 2008
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ORDER permitting defendant to proceed on appeal in forma pauperis regarding Notice of Appeal to USCA53 as to defendant(s) Damon E. Fitzgerald. Ordered by Judge Richard G. Kopf. (GJG, )