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05-256 - USA v. McCollum


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05-256 - USA v. McCollum
June 22, 2005
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GENERAL ORDER 2005-15 regarding the assignment of cases from the Omaha Criminal Docket to Judge Kopf and Magistrate Judge Piester, as to defendant Ricky T. McCollum. Signed by Judge Joseph F. Bataillon on 6/9/2005. (JAE, )
June 30, 2005
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ORDER APPOINTING COUNSEL - Robert B. Creager for Ricky T. McCollum appointed as counsel as to defendant Ricky T. McCollum signed by Magistrate Judge David L. Piester on 6/30/2005. (SED)
July 28, 2005
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ORDER as to Ricky T. McCollum. It is ordered that: (1) The defendant's motion to continue trial 11 is granted; (2) Trial of this case before the undersigned United States district judge is continued to 9:00 a.m., Monday, September 26, 2005, as the number two criminal case, in Omaha, Nebraska. Since this is a criminal case, the defendant shall be present unless excused by the court.(3) The time between today's date and the new trial date is excluded under the Speedy Trial Act and in the interest of justice. See 18 U.S.C. sec. 3161(h)(1)(I)& (h)(8)(A)(B). Signed by Judge Richard G. Kopf on 7/28/2005. (KLL, )
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, )
September 13, 2005
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ORDER granting defendant's 15 Motion to Continue as to Ricky T. McCollum (1). The trial of this matter is hereby continued to November 28, 2005 in Omaha, Nebraska. 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 September 13, 2005 and November 28, 2005 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. 3161(h)(8)(A)&(B). Signed by Magistrate Judge David L. Piester on 9/13/2005. (CS, )
September 13, 2005
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ORDER that defendant has retained new counsel, who has entered his appearance in this matter. IT THEREFORE HEREBY IS ORDERED, The motion of Robert B. Creager to withdraw as court-appointed counsel for defendant, filing 16, is granted as Attorney as to Ricky T. McCollum (1). Signed by Magistrate Judge David L. Piester on 9/13/2005. (CS, )
October 27, 2005
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ORDER denying 19 Motion to Compel as to Ricky T. McCollum (1). Signed by Magistrate Judge David L. Piester on 10/27/2005. (CS, )
November 1, 2005
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ORDER signed by Magistrate Judge David L. Piester on 11/1/2005 granting defendant's 21 Motion to file motion to suppress out of time; defendant is given to 11/15/05 to file a motion to suppress - as to Ricky T. McCollum (1). (BMH)
November 14, 2005
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ORDER that the trial of this case, currently set to commence on November 28, 2005, is continued until further order of the court following resolution ofoutstanding motions as to defendant Ricky T. McCollum. Signed by Magistrate Judge David L. Piester on 11/14/2005. (CS, )
November 15, 2005
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ORDER that on or before November 21, 2005, the defendant shall submit a copy of the application, affidavit, and warrant which are the subjects of the motion 29 to the clerk's office for filing herein. The clerk's office shall file the application, affidavit, and warrant under seal as to defendant Ricky T. McCollum. Signed by Magistrate Judge David L. Piester on 11/15/2005. (CS, )
November 15, 2005
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ORDER that the clerk is directed to remove filing numbers 26 and 27from the public docket sheet and file them as sealed pleadings as to defendant Ricky T. McCollum. Signed by Magistrate Judge David L. Piester on 11/15/2005. (CS, )
November 28, 2005
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REPORT, RECOMMENDATION AND ORDER - It is Recommended to the Honorable RichardG. Kopf, United States District Judge, pursuant to 28 U.S.C. 636(b)(1)(B), that the defendant's motion to suppress, filing 29, be denied in all respects.The parties are notified that a failure to object to this recommendation in accordance with the local rules of practice may be held to be a waiver of any right to appeal the district judge's adoption of this recommendation. IT FURTHER HEREBY IS ORDERED: Trial is set for 9:00 a.m. on January 9, 2006 for a duration of two trial days before the Honorable Richard G. Kopf. Jury selection will be at the commencement of trial as to defendant Ricky T. McCollum. Signed by Magistrate Judge David L. Piester on 11/28/2005. (CS, )
November 28, 2005
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REPORT, RECOMMENDATION, AND ORDER - It is recommended to the Honorable RichardG. Kopf, United States District Judge, pursuant to 28 U.S.C. 636(b)(1)(B), that the defendant's motion to dismiss, filing 26, be denied in all respects. The parties are notified that a failure to object to this recommendation in accordance with the local rules of practice may be held to be a waiver of any right to appeal the district judge's adoption of this recommendation, as to defendant Ricky T. McCollum. Signed by Magistrate Judge David L. Piester on 11/28/2005. (CS, )
December 13, 2005
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ORDER as to defendant Ricky T. McCollum. It is ordered that the Jury Trial set for 1/9/2006 09:00 AM will be held in Courtroom 1 (Lincoln) before Judge Richard G. Kopf. All pending civil and criminal matters assigned to Judge Kopf from the "Omaha" docket will be moved for hearing or trial from Omaha, Nebraska to Courtroom Number One in Lincoln, Nebraska. Magistrate Judge Piester no longer intends to travel to Omaha to conduct pretrial proceedings in civil or criminal cases assigned to Judge Kopf. Signed by Judge Richard G. Kopf on 12/13/2005. (KLL, )
December 15, 2005
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ORDER as to Ricky T. McCollum. It is ordered that: (1) the Magistrate Judge's report and recommendation 40 is adopted; (2) Defendant's objections to the report and recommendation 44 are denied; and (3) Defendant's motion to suppress 29 is denied in all respects. Signed by Judge Richard G. Kopf on 12/15/2005. (KLL, )
December 15, 2005
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ORDER as to Ricky T. McCollum. It is ordered that: (1) the Magistrate Judge's report and recommendation (41, part 1) is adopted; (2) Defendant's motion to dismiss 26 is denied in all respects; (3) Defendant's statement of appeal 42 is denied; and (4) the Magistrate Judge's order (41, part 2) is sustained and shall not be disturbed. Signed by Judge Richard G. Kopf on 12/15/2005. (KLL, )
December 27, 2005
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ORDER granting defendant's 53 Motion to Continue. The defendant's trial is set to commence at 9:00 a.m. on January 23, 2006 for a duration of two trial days before the Honorable Richard G. Kopf. Jury selection will be at the commencement of trial. This Court further finds that, based upon the showing set forth in defendant's motion, the ends of justice will be served by continuing the trial; and that the purposes served by continuing the trial date in this caseoutweigh the interest of the defendant and the public in a speedy trial. Accordingly, the time between January 9, 2006 and January 23, 2006 shall be excluded for speedy trial calculation purposes. 18 U.S.C. 3161(h)(8)(a) as to Ricky T. McCollum (1). Signed by Magistrate Judge David L. Piester on 12/27/2005. (CS, )
January 10, 2006
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ORDER granting defendant's 55 Motion to Extend Time Scheduled for Trial as to Ricky T. McCollum (1). The Defendant's trial previously set for two days duringthe Court's session commencing January 23, 2006 is hereby scheduled for four days. Signed by Magistrate Judge David L. Piester on 1/10/2006. (CS, )
January 11, 2006
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ORDER that plaintiff's motion to continue, filing 56, is granted and trial of this matter is continued to 9:00 a.m., February 21, 2006 for four trial days, before the Honorable Richard G. Kopf in Courtroom 1, United States Courthouse and Federal Building, Lincoln, Nebraska. Jury selection will be held at commencement of trial as to Ricky T. McCollum (1) Signed by Magistrate Judge David L. Piester on 1/11/2006. (CS, )
February 10, 2006
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ORDER granting [] Oral Motion as to Ricky T. McCollum (1) Change of plea hearing is scheduled before Magistrate Judge Piester on the 27th day of February, 2006, at the hour of 10:30 a.m., in Courtroom No. 2, United States Courthouse and Federal Building, 100 Centennial Mall North, Lincoln, Nebraska. The time between today's date and the hearing on the anticipated plea of guilty is excluded for purposes of computing the limits under the Speedy Trial Act. See 18 U.S.C. Sec. 3161(h)(1)(I)&(h)(8)(A)(B). Signed by Magistrate Judge David L. Piester on 2/10/2006. (CAR, )
February 14, 2006
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ORDER granting [] Oral Motion as to Ricky T. McCollum (1). The change of plea hearing is continued from February 27 to March 6, 2006 at 2:30 p.m.For this defendant, the time between today's date and the hearing on the anticipated plea of guilty is excluded for purposes of computing the limits under the Speedy Trial Act. See 18 U.S.C. Sec. 3161(h)(1)(I)&(h)(8)(A)(B). Signed by Magistrate Judge David L. Piester on 2/14/2006. (CAR, )
March 15, 2006
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PRELIMINARY ORDER OF FORFEITURE - sustaining 67 Motion for Preliminary Forfeiture as to Ricky T. McCollum (1). The Defendant's interest in said properies is hereby forfeited to the United States of America for disposition in accordance with the law, subject to the provisions of 21 U.S.C. section 853(n)(1). The aforementioned forfeited properties are to be held by the ATF in its secure custody and control. Upon adjudication of all third-party interests, this Court will enter a Final Order of Forfeiture pursuant to 21 U.S.C. section 853(n), in which all interests will be addressed. CERTIFIED COPY TO USM. Signed by Judge Richard G. Kopf on 3/15/2006. (GJG, )
May 12, 2006
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ORDER as to defendant Ricky T. McCollum. It is ordered that: (1) Wanda McCollum's motion for hearing (filing 75) is granted to the extent it requests a hearing. A one hour evidentiary hearing is scheduled for 4:30 PM on Thursday, June 15, 2006, at the Robert V. Denney Federal Building and United States Courthouse, 100 Centennial Mall North, Courtroom No. 1, Fifth Floor, Lincoln, Nebraska. At that hearing, the government and Ms. McCollum shall present such evidence and argument as they think appropriate regarding the forfeiture of Ms. McCollum's interest in the guns and ammunition. In this regard, I construe Ms. McCollum's motion (filing 75) as the equivalent of a petition within the meaning of the preliminary order of forfeiture or otherwise.(2) Because the defendant has forfeited his interest in the guns and ammunition, the defendant need not be present at the aforementioned hearing. Nonetheless, the Clerk of the Court shall provide electronic notice of this and all subsequent filings to counsel for Mr. McCollum. If I have misunderstood the defendant's position, counsel for the defendant shall promptly advise me.(3) The Clerk of the Court shall mail a copy of this memorandum and order to Ms. McCollum. ***Motion Hearing set for 6/15/2006 04:30 PM in Courtroom 1 (Lincoln) before Judge Richard G. Kopf. Signed by Judge Richard G. Kopf on 5/12/2006. (KLL, )
May 16, 2006
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TENTATIVE FINDINGS OF FACT regarding Revised Presentence Investigation Report as to defendant Ricky T. McCollum. It is ordered that: (1) There are no disputed matters regarding the presentence report and the proper computation of the advisory Guidelines ranges. (2) Except to the extent (if at all) that I have 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.Signed by Judge Richard G. Kopf on 5/16/2006. (KLL, )
May 24, 2006
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JUDGMENT as to Ricky T. McCollum (1) - Defendant pleaded guilty to Counts I and III of the Superseding Indictment and is committed to the Bureau of Prisons for a term of 5 months, followed by 3 years supervised release with special conditions, and pay $100 Special Assessment. Final Order of Forfeiture as to Count III of the Superseding Indictment forthcoming. The Indictment and Count II of the Superseding Indictment are dismissed on the motion of the United States as to defendant Ricky T. McCollum. The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons before 2:00 p.m. no earlier than 60 days from today's date, as notified by the United States Marshal. Signed by Judge Richard G. Kopf on 5/24/2006. (4 Certified Copies to USM) (CS, )
June 16, 2006
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MEMORANDUM AND ORDER The Clerk of the Court shall prepare a transcript of the evidentiary hearing and provide it to me. The parties shall submit joint and simultaneous briefs on or before July 31, 2006. Given the testimony presented at the hearing, the government should carefully brief the law in the State of Nebraska regarding intestate succession and the competing interests of Mrs. McCollum, Ricky McCollum and David McCollum as heirs of the husband and father. The Clerk of the Court shall mail a copy of this memorandum and orderto Wanda McCollum. Signed by Judge Richard G. Kopf on 6/16/2006. Copy mailed as ordered. (GJG, )
August 1, 2006
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ORDER that the Clerk of the Court shall file the attached letter from WandaL. McCollum as a brief 91, as to defendant Ricky T. McCollum. Signed by Judge Richard G. Kopf on 8/1/2006. (CS, )
August 9, 2006
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MEMORANDUM AND ORDER - Wanda T. McCollum's motion (filing 75), construed as a petition pursuant to 21 U.S.C. 853(n), is denied in part and granted in part as hereinafter provided. Referring to the numbering method used in the preliminary order of forfeiture (filing 70), Mrs. McCollum's petition is denied as to the ammunition, a receiver and two rifles, all of which are hereinafter described, such property is finally forfeited to the government, and the government may dispose of said property. Referring to the numbering method used in the preliminary order of forfeiture (filing 70), Mrs. McCollum's petition is granted as to the rifles, shotguns and handgun hereinafter described, and the government shall return said property to Mrs. McCollum. The Clerk of the Court shall mail a copy of this memorandum and order to Mrs. McCollum, as to defendant Ricky T. McCollum. Signed by Judge Richard G. Kopf on 8/9/2006. (Copy mailed as directed) (CS, )
March 27, 2007
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ORDER as to defendant Ricky T. McCollum. Pursuant to NECivR 79.1(f) or NECrimR 55.1(g), interested party, Wanda L. McCollum, shall either 1) withdraw the following exhibits previously submitted in this matter within 15 calendar days of the date of this order, or 2) show cause why the exhibits should not be destroyed. Ordered by Judge Richard G. Kopf. (Copy mailed to Wanda McCollum)(JAR)
March 28, 2007
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ORDER as to defendant Ricky T. McCollum. It is ordered that government's exhibits in this case are to be returned to the United States Attorney for appropriate disposition. Ordered by Judge Richard G. Kopf.(KLL, )
June 5, 2007
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ORDER APPOINTING COUNSEL - John C. Vanderslice for Ricky T. McCollum appointed as counsel as to defendant Ricky T. McCollum. Ordered by Magistrate Judge David L. Piester.(CS, )
June 5, 2007
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ORDER - that a revocation hearing is set to commence at 12:00 noon on August 28, 2007 before the Hon. Richard G. Kopf, United States District Judge, in Courtroom #1, United States Courthouse, Lincoln, Nebraska as to defendant Ricky T. McCollum. Ordered by Magistrate Judge David L. Piester.(CS, )
August 24, 2007
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ORDER as to defendant Ricky T. McCollum. It is ordered that: (1) The defendant's unopposed motion to continue revocation hearing 107 is granted. (2) Revocation hearing reset to 12/18/2007 01:00 PM in Courtroom 1 (Lincoln) before Judge Richard G. Kopf. Ordered by Judge Richard G. Kopf.(KLL, )
December 14, 2007
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ORDER as to defendant Ricky T. McCollum. It is ordered that: (1) The defendant's unopposed motion to continue revocation hearing 109 is granted; (2) The revocation hearing scheduled in this case shall be continued until Thursday, March 6, 2008, at 12:30 p.m. The defendant is ordered to appear at such time. Ordered by Judge Richard G. Kopf. (KLL, )
March 5, 2008
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ORDER as to defendant Ricky T. McCollum. It is ordered that: (1) The defendant's unopposed motion to continue revocation hearing 111 is granted; (2) The revocation hearing is continued until the 3rd day of April, 2008, at 1:00 p.m. The defendant is ordered to appear at such time. Ordered by Judge Richard G. Kopf. (KLL, )
March 5, 2008
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ORDER as to defendant Ricky T. McCollum. On the court's own motion, the defendant's revocation hearing is rescheduled to 12:00 NOON on 4/3/2008 in Courtroom 1 - Lincoln before Judge Richard G. Kopf. Ordered by Judge Richard G. Kopf. (KLL, )
April 4, 2008
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JUDGMENT For Revocation of Probation or Supervised Release as to defendant Ricky T. McCollum (1). DEFENDANT admitted guilt and was found to be in violation of Mandatory Condition of the term of supervision. The defendant's term of supervised release is revoked. It is hereby ordered that defendantis committed to the custody of the United States Bureau of Prisons for a period of time served. Starting today, the defendant shall be on supervised release with special conditions for a term of two (2) years. The defendant has paid the special assessment in the amount of $100.00. Ordered by Judge Richard G. Kopf. (4 Certified copies to USM)(JAB)
April 26, 2010
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ORDER APPOINTING COUNSEL - Federal Public Defender's Office to represent defendant Ricky T. McCollum. Ordered by Magistrate Judge Cheryl R. Zwart. (GJG)
April 27, 2010
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ORDER as to defendant Ricky T. McCollum. On the court's own motion, IT IS ORDERED that Defendant McCollum's revocation hearing is rescheduled to 1:00 p.m. on June 16, 2010, before the undersigned United States district judge, in Courtroom No. 1, United States Courthouse and Federal Building, 100 Centennial Mall North, Lincoln, Nebraska. The defendant shall be present unless excused by the court. Ordered by Judge Richard G. Kopf. (KLL, )