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05-254 - USA v. Hambright et al


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05-254 - USA v. Hambright et al
July 5, 2005
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ORDER APPOINTING COUNSEL - The Federal Public Defender appointed as counsel for the defendant Michael Hambright. Signed by Magistrate Judge F. A. Gossett on 7/5/2005. (MLF, )
July 6, 2005
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ORDER of Detention pending trial as to defendant Michael Hambright. Signed by Magistrate Judge F. A. Gossett on 7/6/2005. Certified copy to US Marshal. (MLF, )
July 27, 2005
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ORDER regarding 15 Motion to Suppress as to Michael Hambright. The motion is set for hearing on August 30, 2005 at 9:00 a.m. before Magistrate Judge F.A. Gossett. Signed by Magistrate Judge F. A. Gossett on 7/27/2005. (MLF, )
August 29, 2005
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ORDER that this case, insofar as it concerns this defendant, is removed from the trial docket based upon the request of the defendant as to defendant Michael Hambright. Change of Plea Hearing set for 9/9/2005 at 01:30 PM before Magistrate Judge F. A. Gossett. The time between 8/29/05 and 9/9/05 is excluded for purposes of computing the limits under the Speedy Trial Act. Signed by Magistrate Judge F. A. Gossett on 8/29/2005. (JSF)
August 29, 2005
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TRIAL ORDER as to defendant(s) Holly Lynn Smith -- Jury Trial set for 9/13/2005 at 9:00 AM in Courtroom 2 (Omaha) before Judge Laurie Smith Camp. Signed by Magistrate Judge F. A. Gossett on 8/29/2005. (CLS, )
September 8, 2005
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ORDER RE: TRIAL PREPARATION (Criminal Jury Trial) as to Defendant Holly Lynn Smith. Signed by Judge Laurie Smith Camp on 9/8/2005. (JB)
September 9, 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 crimes to which the defendant tendered a guilty plea; and she not accept the plea agreement at this time, but rather that she consider the Rule 11(c)(1)(C) agreement at sentencing. It is ordered that if any party desires to object to this report and recommendation, they shall do so no later than 10 calendar days following the date of this report and recommendation or they may be deemed to have waived the right to object to adoption of the report and recommendation as to defendant Michael Hambright. Signed by Magistrate Judge F. A. Gossett on 9/9/2005. (MLF, )
September 13, 2005
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ORDER as to Holly Lynn Smith. The case is removed from the trial docket based upon the request of the defendant. A hearing on the defendant's anticipated plea of guilty is scheduled before Magistrate Judge F.A. Gossett on October 6, 2005 at 9:00 a.m. The time between 9/13/05 and the hearing on the anticipated plea of guilty is excluded for purposes of computing the limits under the Speedy Trial Act. Signed by Magistrate Judge F. A. Gossett on 9/13/2005. (MLF, )
October 5, 2005
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ORDER that upon the oral motion of the defendant, Holly Lynn Smith, the Change of Plea hearing is continued to October 14, 2005 at 11:00 a.m. before Magistrate Judge F.A. Gossett. The time between October 5, 2005 and the hearing on the anticipated plea of guilty is excluded for purposes of computing the limits under the Speedy Trial Act. Signed by Magistrate Judge F. A. Gossett on 10/5/2005. (MLF, )
October 18, 2005
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ORDER granting 37 Motion to Continue as to Holly Lynn Smith. The Change of Plea hearing is continued to November 3, 2005 at 3:00 p.m. before Magistrate Judge F.A. Gossett. The time between October 13, 2005 and the hearing on the anticipated plea of guilty is excluded for purposes of computing the limits under the Speedy Trial Act. Signed by Magistrate Judge F. A. Gossett on 10/18/2005. (MLF, )
October 24, 2005
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MEMORANDUM AND ORDER adopting 32 Magistrate Judge's Report and Recommendation as to Michael Hambright (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 10/24/2005. (JB)
November 17, 2005
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TENTATIVE FINDINGS regarding Presentence Investigation Report as to Defendant Michael Hambright. Signed by Judge Laurie Smith Camp on 11/17/2005. (JB)
November 29, 2005
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PRELIMINARY ORDER OF FORFEITUREsustaining 47 Motion for Preliminary Forfeiture. The U.S. Bureau of Alcohol, Tobacco and Firearms is authorized to seize $2,305.00 and $283.00 in U.S. currency. The defendants' interest in said properties is forfeited to the USA. Upon adjudication of all third-party interests, this Court will enter a Final Order of Forfeture as to Michael Hambright (1) and Holly Lynn Smith (2). Signed by Judge Laurie Smith Camp on 11/29/2005. No certified copies given per USA's office. (JSF)PRELIMINARY ORDER OF FORFEITUREsustaining 47 Motion for Preliminary Forfeiture. The U.S. Bureau of Alcohol, Tobacco and Firearms is authorized to seize $2,305.00 and $283.00 in U.S. currency. The defendants' interest in said properties is forfeited to the USA. Upon adjudication of all third-party interests, this Court will enter a Final Order of Forfeture as to Michael Hambright (1) and Holly Lynn Smith (2). Signed by Judge Laurie Smith Camp on 11/29/2005. No certified copies given per USA's office. (JSF)
January 23, 2006
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TENTATIVE FINDINGS regarding the Presentence Investigation Report as to Defendant Holly Lynn Smith. Signed by Judge Laurie Smith Camp on 1/23/2006. (JB)
February 8, 2006
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JUDGMENT as to Michael Hambright (1), Defendant plead guilty to Counts I and II of the Information and is committed to the custody of the Bureau of Prisons for 87 months; 3 years supervised release with special conditions; $100 special assessment; Counts I, II and IV of the Indictment are dismissed on the motion of the United States as to this defendant only; defendant shall forfeit the defendant's interest in $2,305.00 and $283.00 in U.S. Currency as to defendant Michael Hambright. Signed by Judge Laurie Smith Camp on 2/9/2006. (4 certified copies to USM) (CJP)
February 23, 2006
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AMENDED TENTATIVE FINDINGS regarding the Presentence Investigation Report as to Defendant Holly Lynn Smith. Signed by Judge Laurie Smith Camp on 2/23/2006. (JB)
March 1, 2006
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JUDGMENT the defendant pleaded guilty to counts I and II of the Information and is committed to the custody of the Bureau of Prisons for a term of 57 months; 3 years Supervised Release with special conditions; $100 Special Assessment. Counts I - IV of the Indictment are dismissed on the motion of the United States as to thisDefendant only. Final order of forfeiture as to Count IIs forthcomingas to defendant Holly Lynn Smith. Signed by Judge Laurie Smith Camp on 3/1/2006. (DKM, )
April 11, 2006
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FINAL ORDER OF FORFEITUREsustaining 86 Motion for Final Forfeiture as to Michael Hambright (1) and Holly Lynn Smith (2). All right, title and interest in and to the subject properties, i.e. $2,305 and $283 in U.S. Currency, are forever barred and foreclosed. The subject properties are forfeited to the USA. The U.S. Bureau of Alcohol, Tobacco and Firearms is directed to dispose of said properties in accordance with law. Certified copy to the USM. Signed by Judge Laurie Smith Camp on 4/11/2006. (JSF)FINAL ORDER OF FORFEITUREsustaining 86 Motion for Final Forfeiture as to Michael Hambright (1) and Holly Lynn Smith (2). All right, title and interest in and to the subject properties, i.e. $2,305 and $283 in U.S. Currency, are forever barred and foreclosed. The subject properties are forfeited to the USA. The U.S. Bureau of Alcohol, Tobacco and Firearms is directed to dispose of said properties in accordance with law. Certified copy to the USM. Signed by Judge Laurie Smith Camp on 4/11/2006. (JSF)
December 12, 2007
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ORDER denying 90 Motion to Compel as to Michael Hambright (1). Ordered by Judge Laurie Smith Camp. (JSF)
January 30, 2008
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MEMORANDUM AND ORDER denying 93 Motion to Vacate (2255); denying as moot 95 Motion for Leave to Proceed In Forma Pauperis; denying as moot 97 Motion to Appoint Counsel as to Michael Hambright (1). A separate judgment will be issued denying the 2255 motion. 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. (Copy mailed to defendant) (JSF) Civil Case 8:07-cv-00500-LSC closed.
January 30, 2008
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JUDGMENT - in accordance with the accompanying Memorandum and Order 99, defendant's 2255 motion 93 is summarily denied. The clerk is directed to mail a copy of this Judgment to the defendant at his last known address as to defendant Michael Hambright. Ordered by Judge Laurie Smith Camp. (Copy mailed to defendant) (JSF)
July 2, 2008
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AMENDED JUDGMENT for reduction of sentence 92 as to Holly Lynn Smith (2). Defendant pleaded guilty to counts I and II of the Information and is committed to the custody of the Bureau of Prisons for a term of 40 months; 3 years Supervised Release with special conditions; $100 Special Assessment. Counts I - IV of the Indictment are dismissed on the motion of the United States as to this Defendant only. Final order of forfeiture filed on 04/11/2006 as to Count II of the Information. Ordered by Judge Laurie Smith Camp. (4 Certified copies to USM)(JAE, )