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05-286 - USA v. Cervantes


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05-286 - USA v. Cervantes
July 22, 2005
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GENERAL ORDER 2005-15 - Signed by Judge Joseph F. Bataillon on 6/9/2005. (KBJ)
July 26, 2005
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ORDER APPOINTING COUNSEL - Michael J. Hansen appointed as counsel as to defendant Lucan C. Cervantes signed by Magistrate Judge David L. Piester on 7/26/2005. (SED)
July 26, 2005
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ORDER of Detention pending trial as to defendant Lucan C. Cervantes signed by Magistrate Judge David L. Piester on 7/26/2005. (SED)
August 2, 2005
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ORDER that defendant's counsel's motion to withdraw, filing 12, is granted. The Federal Public Defender for the District of Nebraska shall provide the court with a draft appointment order (CJA Form 20) for substitute counsel bearing the name and other identifying information of the CJA Panel attorney identified in accordance with the Criminal Justice Act Plan for this district as to Lucan C. Cervantes (1). Signed by Magistrate Judge David L. Piester on 8/2/2005. (Copy to Karen Burks, FPD) (CS, )
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 6, 2005
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MEMORANDUM AND ORDER that the oral motion of defendant is granted. This case, insofar as it concerns this defendant, 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 Piester on the 21st day of September, 2005, at the hour of 1:00 p.m., in Courtroom No. 2, United States Courthouse and Federal Building, 100 Centennial Mall North, Lincoln, Nebraska. 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. 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. 3161(h)(1)(I)&(h)(8)(A)(B). as to defendant Lucan C. Cervantes (1). Signed by Magistrate Judge David L. Piester on 9/6/2005. (CS, )
September 8, 2005
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ORDER granting 16 Motion for Release as to Lucan C. Cervantes (1). Signed by Magistrate Judge David L. Piester on 9/8/2005. (JAE, )
September 13, 2005
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PETITION TO MODIFY CONDITIONS OF PRETRIAL RELEASE as to Lucan C. Cervantes (1). Signed by Magistrate Judge David L. Piester on 9/13/2005. (CS, )
September 21, 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 Lucan C. Cervantes signed by Magistrate Judge David L. Piester on 9/21/2005. (SED)
October 4, 2005
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ORDER as to Lucan C. Cervantes. It is ordered that: (1) The report and recommendation 23 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 14, 2005
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MEMORANDUM AND ORDER - IT IS ORDERED that I recuse and disqualify myself from this case. The Clerk of the Court shall bring this case to the attention of Chief Judge Bataillon for reassignment to another judge as to defendant(s) Lucan C. Cervantes. Signed by Judge Richard G. Kopf on 11/14/2005. (GJG, )
November 14, 2005
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REASSIGNMENT ORDER - pursuant to 28, Judge Laurie Smith Camp and F. A. Gossett reassigned to case as to defendant(s) Lucan C. Cervantes. Signed by Judge Joseph F. Bataillon on 11/14/2005. (SMS, )
December 2, 2005
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TENTATIVE FINDINGS that the government's objections to the Revised Presentence Investigation Report 31 and the Defendant's objections to the PSR 27 are denied; otherwise the Court's tentative findings are that the Revised Presentence Investigation Report is correct in all respects; and this matter will be discussed at sentencing as to Lucan C. Cervantes (1). Signed by Judge Laurie Smith Camp on 12/2/2005. (JB)
December 19, 2005
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JUDGMENT as to Lucan C. Cervantes (1), The defendant pleaded guilty to count 1 of the indictment and is committed to the custody of the Bureau of Prisons for 121 months; 5 years supervised release with special conditions; and $100 special assessment. Counts 2 through 4 of the indictment are dismissed on the motion of the United States as to this defendant only as to defendant Lucan C. Cervantes. Signed by Judge Laurie Smith Camp on 12/19/2005. 4 certified copies to the USM. (JSF)
December 12, 2006
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ORDER regarding MOTION to Reduce Sentence Pursuant to Rule 35(b)42 as to defendant Lucan C. Cervantes; Counsel for the government shall notify the court when the motion forreduction in sentence pursuant to Rule 35(b) (Filing No. 42) is ripe. The motion will not bedecided until counsel for the government certifies that the motion is ripe;Counsel for the Defendant, if previously appointed pursuant to the CriminalJustice Act, is reappointed to represent the Defendant for purposes of the Rule35(b) motion. If retained, counsel for the Defendant remains as counsel for the Defendantuntil the Rule 35(b) motion is resolved or until counsel is given leave to withdraw; The Federal Public Defender shall provide CJA counsel with a new voucher; The Clerk of the Court shall provide a copy of this order to counsel for thegovernment, counsel for the Defendant, and the Federal Public Defender. Ordered by Judge Laurie Smith Camp. Copies as directed.(ETC)
April 21, 2008
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AMENDED JUDGMENT (Reduction of Sentence for changed Circumstances) as to Lucan C. Cervantes (1). The defendant pleaded guilty to count 1 of the indictment and is committed to the custody of the Bureau of Prisons for 80 months with credit for time served; 5 years supervised release with special conditions; and $100 special assessment (paid). Counts 2 through 4 of the indictment are dismissed on the motion of the United States as to defendant Lucan C. Cervantes only. Ordered by Judge Laurie Smith Camp. (4 Certified copies to USM) (JSF)