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05-258 - USA v. Rodriguez


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05-258 - USA v. Rodriguez
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 Benjamin Rodriguez. Signed by Judge Joseph F. Bataillon on 6/9/2005. (JAE, )
July 26, 2005
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ORDER that Defendant's motion for time, filing 13, is granted and the deadline for filing pretrial motions is extended to August 1, 2005 as to Benjamin Rodriguez (1). Signed by Magistrate Judge David L. Piester on 7/26/2005. (CS, )
July 28, 2005
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ORDER as to defendant Benjamin Rodriguez. It is ordered that: (1) This case, insofar as it concerns this defendant, is removed from the trial docket based upon the request of the defendant. (2) A hearing on the defendant's anticipated plea of guilty is scheduled before Magistrate Judge Piester on the 19th day of September, 2005, at the hour of 11:00 a.m., in Courtroom No. 2, United States Courthouse and Federal Building, 100 Centennial Mall, North, Lincoln, Nebraska.(3) On or before the date set for the plea proceeding, counsel for plaintiff and for defendant shall provide to the assigned probation officer their respective versions of the offense for purposes of preparing the presentence investigation report. (4) 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).***Change of Plea Hearing set for 9/19/2005 11:00 AM in Courtroom 2 (Lincoln) before Magistrate Judge David L. Piester; XT excludable started 7/28/2005-9/19/2005; termed 8/1/2005 trial date. 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 19, 2005
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REPORT, RECOMMENDATION AND ORDER recommending to Judge Kopf that he accept the guilty plea and not accept the plea agreement at this time but consider the Rule 11(c)(1)(C) agreement at sentencing; if any party desires to object to this report and recommendation they shall do so no later than 10 calendar days as to defendant Benjamin Rodriguez signed by Magistrate Judge David L. Piester on 9/19/2005. (SED)
October 4, 2005
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ORDER as to Benjamin Rodriguez. It is ordered that: (1) The report and recommendation 21 is accepted. (2) The defendant is found guilty. The plea is accepted. The court decides that the plea of guilty is knowing, intelligent, voluntary, and that there is a factual basis for the plea. (3) If there is a plea agreement, I defer acceptance of the plea agreement until the time of sentencing pursuant to Rule 11(c)(3). Unless otherwise stated at the time of sentencing, the plea agreement will be deemed accepted upon the pronouncement of the judgment and sentence. (4) This case shall proceed to sentencing. Signed by Judge Richard G. Kopf on 10/4/2005. (KLL, )
November 29, 2005
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TENTATIVE FINDINGS OF FACT regarding Revised Presentence Investigation Report and Addendum as to defendant Benjamin Rodriguez. It is ordered that: (1) The defendant's objection to drug quantity 25 will be resolved at sentencing. The parties are reminded that I will not accept a Rule 11(c)(1)(C) plea agreement that understates the most readily provable offense conduct (regarding drug quantity or other relevant conduct) unless the parties can convince me that I should do so after honestly applying the principles set forth in United States v. Coney, 390 F. Supp.2d 844 (D. Neb. 2005). In particular, I require government's counsel to give close attention to this issue. (2) The parties are herewith notified that my tentative findings are that the presentence report is otherwise correct in all respects. ETC.Signed by Judge Richard G. Kopf on 11/29/2005. (KLL, )
December 13, 2005
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ORDER as to defendant Benjamin Rodriguez. It is ordered that Sentencing set for 1/13/2006 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, )
January 4, 2006
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ORDER as to Benjamin Rodriguez. It is ordered that: (1) The defendant's motion to continue sentencing 29 is granted; (2) Defendant Rodriguez's sentencing hearing is continued to Wednesday, February 1, 2006, at 1:00 p.m., before the undersigned United States District Judge, in Courtroom No. 1, United States Courthouse and Federal Building, 100 Centennial Mall North, Lincoln, Nebraska. Since this is a criminal case, the defendant shall be present unless excused by the court. ***Sentencing reset to 2/1/2006 01:00 PM in Courtroom 1 (Lincoln) before Judge Richard G. Kopf; termed 1/13/2006 sentencing date. Signed by Judge Richard G. Kopf on 1/4/2006. (KLL, )
January 11, 2006
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ORDER that on the court's own motion, the clerk is directed to remove filing number 31 from the public docket sheet and file it as a sealed pleading pursuant to the E-Government Act as to defendant Benjamin Rodriguez. Signed by Magistrate Judge David L. Piester on 1/11/2006. (CS, )
January 11, 2006
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ORDER that defendant's motion for modification of release conditions, filing 31, is granted as set forth in the motion as to Benjamin Rodriguez (1). Signed by Magistrate Judge David L. Piester on 1/11/2006. (CS, )
February 2, 2006
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MEMORANDUM AND ORDER as to Benjamin Rodriguez. It is ordered that: (1) All federal prosecutors are directed to fully cooperate with the United States Probation Office regarding the preparation of presentence reports. In particular, federal prosecutors shall fully and completely reveal all facts relevant to sentencing and promptly provide probation officers with all documents reasonably requested by the probation officers. (2) On or before February 17, 2006, Ms. Bunjer shall submit and file in the court file a sworn affidavit answering the following eight questions: Did you tell Ms. Voss, the USPO, that you would send her the police reports in this case? Did you send her the police reports in this case? Did you tell Ms. Voss that the file had been lost? Did you instruct Investigator Jeff Chitwood not to provide reports to Ms. Voss? Were you aware that Investigator Chitwood refused to provide the prosecution report to Ms. Voss? Were you aware that Investigator Chitwood did not agree with the amount of drugs agreed to in the plea agreement? Have you read either the Attorney General's Memo Regarding Policy on Charging of Criminal Defendants (September 22, 2003) or the Attorney General's Memorandum Concerning Sentencing Recommendations (July 28, 2003) as those memos relate to "Honesty in Sentencing"? If your answer to paragraph [question] 7 is "yes," please explain in detail whether your conduct in this case conformed to the Attorney General's policy regarding "Honesty in Sentencing"? (3) This memorandum and order shall be provided to counsel of record in this case. My chambers shall also provide a copy to Michael Heavican, United States Attorney, David Stickman, Federal Public Defender, James Rowoldt, Chief United States Probation Officer, and to USPO Voss.Signed by Judge Richard G. Kopf on 2/2/2006. (KLL, )
February 7, 2006
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MEMORANDUM AND ORDER as to defendant Benjamin Rodriguez. It is ordered that: (1) The requirement of paragraph 2 at pages 5-6 of filing 40 is withdrawn. That is, an affidavit from Ms. Bunjer is no longer required. However, no other portion of filing 40 is altered. (2) On or before February 17, 2006 Ms. Bunjer shall serve and file a brief: (a) explaining the nature and circumstances surrounding her dealings with USPO Voss in this case; and (b) explaining the basis for the Rule 11(c)(1)(C) drug-quantity stipulation in the plea agreement (filing 20 paragraph 12), giving particular attention to United States v. Coney, 390 F. Supp. 2d 844 (D. Neb. 2005) (describing the court's approach about whether to adopt a Rule 11(c)(1)(C) plea agreement and the factors that should be considered when such a plea agreement conflicts with the presentence report).(3) After I have received the response described in the preceding paragraph, I shall set this matter for resolution of the defendant's objection to the presentence report and for sentencing. (4) The Clerk's office shall provide copies of this memorandum and order to counsel of record in this case. My chambers shall also provide copies of this memorandum and order to Mr. Heavican, Mr. Mickle, Mr. Rowoldt, Ms. Voss and David Stickman, Federal Public Defender.Signed by Judge Richard G. Kopf on 2/7/2006. (KLL, )
February 24, 2006
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MEMORANDUM AND ORDER - Attached is USPO Voss' response to Ms. Bunjer's submission which shall be filed in the court file. Sentencing in this case is rescheduled for Thursday, March 9, 2006, at 1:30 p.m. The defendant must of course, be presentas to defendant(s) Benjamin Rodriguez. Signed by Judge Richard G. Kopf on 2/24/2006. (Attachments: # (1) Response) (GJG, )
March 13, 2006
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JUDGMENT as to Benjamin Rodriguez (1) - Defendant pleaded guilty to Count I of the Indictment and is committed to the Bureau of Prisons for a term of 120 months, followed by 5 years supervised release with special conditions, and pay $100 Special Assessment as to defendant Benjamin Rodriguez. Defendant remanded to the custody of the U.S. Marshal. Signed by Judge Richard G. Kopf on 3/13/2006. (4 Certified Copies to USM) (CS, )