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06-078 - USA v. Dallas


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06-078 - USA v. Dallas
March 29, 2006
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ORDER APPOINTING COUNSEL - The Federal Public Defender appointed as counsel for the defendant August J. Dallas. Signed by Magistrate Judge F. A. Gossett on 3/29/2006. (MLF, )
April 19, 2006
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ORDER granting 10 Motion to Extend Time in Which to File Pretrial Motions as to August J. Dallas. Pretrial motions shall be filed on or before May 26, 2006. The time between April 18, 2006 and May 26, 2006, shall be deemed excludable time in any computation of time under the requirement of the Speedy Trial Act. Signed by Magistrate Judge F. A. Gossett on 4/19/2006. (MLF, )
May 3, 2006
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ORDER regarding 12 Motion to Determine Mental Competency as to August J. Dallas. Motion is set for hearing on May 8, 2006 at 10:00 a.m. before Judge F.A. Gossett. Signed by Magistrate Judge F. A. Gossett on 5/3/2006. (MLF, )
May 4, 2006
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ORDER regarding 14 Motion to Withdraw as Attorney as to August J. Dallas. The motion is set for hearing on May 8, 2006 at 10:00 a.m. before Magistrate Judge F.A. Gossett. Signed by Magistrate Judge F. A. Gossett on 5/4/2006. (MLF, )
May 8, 2006
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ORDER granting 14 Motion to Withdraw as Attorney as to August J. Dallas. Shannon P. O'Connor is deemed withdrawn as attorney of record. The court appoints Steven E. Achelpohl as attorney of record for the above-named defendant. The Federal Public Defender's Office shall forthwith provide counsel with a draft appointment order (CJA Form 20) bearing the name and other identifying information of the CJA Panel attorney identified in accordance with the Criminal Justice Act Plan for this district. Signed by Magistrate Judge F. A. Gossett on 5/8/2006. (MLF, )
May 9, 2006
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ORDER regarding 12 Motion to Determine Mental Competency as to August J. Dallas. The motion is set for hearing on May 11, 2006 at 12:00 p.m. before Magistrate Judge F.A. Gossett. Signed by Magistrate Judge F. A. Gossett on 5/9/2006. (MLF, )
May 11, 2006
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ORDER granting 12 the defendant's Motion to Determine Mental Competency. The defendant, August Dallas, is not presently competent to stand trial and he is committed under 18 U.S.C. 4241(d) to the custody of the Attorney General for hospitalization and treatment in a suitable facility for such a resonable time, not to exceed four months, as is necessary to determine whether there is a substantial probability that in the forseeable future he will attain the capacity to permit the trial to proceed; and for additional reasonable periods of time until his mental condition is so improved the trial may proceed, if the court finds there is a substantital probability that within such additional period of time he will obtain the capacity to permit the trial to proceed or pending charges against him are disposed of according to law, whichever is earlier as to August J. Dallas (1). Signed by Magistrate Judge F. A. Gossett on 5/11/2006. 1 cert to USM (MKR, )
August 7, 2006
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ORDER as to defendant August J. Dallas. In Court Hearing regarding defendant's treatment set for 8/16/2006 at 11:30 AM in Courtroom 2 before Magistrate Judge F. A. Gossett. Signed by Magistrate Judge F. A. Gossett on 8/7/2006. (MLF, )
August 21, 2006
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ORDER granting 25 Motion to Continue as to August J. Dallas. The hearing regardings defendant's treatment is rescheduled to 9/20/2006 at 11:30 AM in Courtroom 2 before Magistrate Judge F. A. Gossett. Defendant will appear via video-conferencing. Ordered by Magistrate Judge F. A. Gossett. (MLF, )
September 21, 2006
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ORDER That August J. Dallas be required to receive treatment, including the involuntaryadministration of anti-psychotic medication for his medical well being and to restore hiscompetency to stand trial; and 2. This Order is stayed pending appeal or further order of the court. The ten (10)day appeal time under NeCrimR 57.2 shall begin from the date of the filing of theunredacted transcript.3. A copy of this Order shall be sent to Dr. Richart DeMier and Dr. Robert Sarrazinat the U.S. Medical Center for Federal Prisoners, P.O. Box 4000, Springfield,Missouri 65801-4000.as to defendant August J. Dallas. Ordered by Magistrate Judge F. A. Gossett. Copy mailed as directed(DKM, ) Modified on 9/22/2006 to correct filing date (DKM, ).
November 6, 2006
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MEMORANDUM AND ORDER that this matter is remanded to Magistrate Judge Gossett for further evidentiary hearing consistent with this memorandum and order; The defendant's objections 31 are granted insofar as this matter is remanded to the magistrate Judge for further evidentiary hearing, and otherwise denied without prejudice; The time continues to be excluded for purposes of computing the limits under the Speedy Trial Act; A copy of this order shall be sent to Dr. Richard DeMier and Dr. Robert Sarrazin at the U.S Medical Center for Federal Prisoners, P.O. Box 4000, Springfield, MO 65801-4000 as to August J. Dallas. Ordered by Judge Laurie Smith Camp. Copies mailed as directed(MKR)
November 14, 2006
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ORDER regarding Memorandum and Order 34 as to defendant August J. Dallas remanding to the Magistrate Judge for further evidentiary hearing. The hearing set for 12/20/2006 at 11:30 AM before Magistrate Judge F. A. Gossett (in Judge Smith Camp's chambers). Ordered by Magistrate Judge F. A. Gossett.(MLF, ) Modified on 11/14/2006 to add text. (MLF, ).
December 4, 2006
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ORDER granting 36 Motion to Produce as to August J. Dallas (1). The plaintiff shall produce all medical and psychiatric records of defendant on orbefore December 11, 2006, or inform the court, in writing, as to the reason the recordshave not been made available. Ordered by Magistrate Judge F. A. Gossett.(ADB)
December 18, 2006
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ORDER granting 39 Motion for Production of the Records and Motion to Continue Sell Hearing as to August J. Dallas. The plaintiff shall produce a treatment plan and all documents relating to treatment on or before January 19, 2007.The Sell hearing previously scheduled for December 20, 2006 is cancelled and will be rescheduled by further order of the court. Ordered by Magistrate Judge F. A. Gossett.(MLF, )
January 3, 2007
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ORDER as to defendant August J. Dallas that pursuant to Judge Smith Camp's order of November 6, 2006 34, remanding to the magistrate judge for a further Sell hearing, it is ordered that the hearing regarding defendant's treatment is rescheduled for February 7, 2007 at 11:30 a.m. before Magistrate Judge F.A. Gossett. The hearing will be held in Courtroom No. 2, Third Floor, Roman L. Hruska U.S. Courthouse, 111 So. 18th Plaza, Omaha, Nebraska. Defendant will appear via video-conferencing. Ordered by Magistrate Judge F. A. Gossett.(MLF, )
February 26, 2007
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ORDER granting 50 Motion to Strike filing 49 as to August J. Dallas (1). Ordered by Magistrate Judge F. A. Gossett.(JSF)
February 27, 2007
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ORDER granting 51 Motion to Continue as to August J. Dallas. The Sell hearing will be continued. The record will be held open until March 14, 2007 for additional evidence to be offered by the defendant. Ordered by Magistrate Judge F. A. Gossett.(MLF, )
March 19, 2007
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ORDER as to August J. Dallas. The defendant's oral motion 56 that the record be left open for receipt of evidence and possible testimony is granted. The conference is continued to April 9, 2007 at 11:00 a.m. Ordered by Magistrate Judge F. A. Gossett.(MLF, )
March 20, 2007
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ORDER COMPELLING PRODUCTION OF MEDICAL RECORDS. Defendant's Motion 58 is granted. As previously ordered, the Sell hearing is continued to April 9, 2007 at 11:00 A.M., to be held by telephone call initiated by the court. The government is given until and including Thursday, April 5, 2007 to produce all medical records of the defendant from the Federal Correctional Institution in Waseca, Minnesota. Ordered by Magistrate Judge F. A. Gossett. (CLS, )
April 5, 2007
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ORDER granting 61 Motion to Continue as to August J. Dallas (1). The record is left open for the receipt of evidence and/or testimony related to defendant's Motion for Hearing 12. The matter is continued from April 9, 2007 to June 1, 2007 at 11:00 A.M., to be held by telephone call initiated by the court.Telephonic Hearing set for 6/1/2007 at 11:00 AM by telephone before Magistrate Judge F. A. Gossett. Ordered by Magistrate Judge F. A. Gossett. (CLS, )
April 19, 2007
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ORDER granting 60 Defendant's Motion of payment of expert witness fees as to August J. Dallas (1). Counsel shall obtain approval from the court before incurring any further expenses exceeding the amount of $500.00. Ordered by Judge Laurie Smith Camp.(JAE, )
May 21, 2007
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ORDER granting 65 Joint Oral Motion to Continue as to August J. Dallas. The hearing regarding defendant's treatment/Sell Hearing is rescheduled to June 20, 2007 at 11:30 a.m. before Magistrate Judge F.A. Gossett. The hearing will be held in Courtroom No. 2. Defendant will appear via video-conferencing. Ordered by Magistrate Judge F. A. Gossett.(MLF, )
August 13, 2007
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REPORT AND RECOMMENDATION regarding 12 MOTION for Hearing to Determine Mental Competency. It is recommended that the court not allow the involuntary administration of antipsychotic medication as to defendant(s) August J. Dallas. Ordered by Magistrate Judge F. A. Gossett. (CLS, )
September 27, 2007
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MEMORANDUM AND ORDER adopting 71 Report and Recommendation in its entirety; denying 72 objection to Report and Recommendation; granting 12 motion for hearing to determine mental competency; involuntary medication will not be administered to the Defendant, August J.Dallas and a copy of this order shall be sent to Dr. Richard DeMier and Dr. Robert Sarrazin at the U.S. Medical Center for Federal Prisoners, P.O. Box 4000,Springfield, Missouri 65801-4000 as to August J. Dallas (1). Ordered by Judge Laurie Smith Camp. (Copies mailed as directed). (CJP)
March 26, 2008
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ORDER that the government's oral motion for psychiatric evaluation under 18 U.S.C. § 4241 is granted in part; pursuant to 18 U.S.C. § 4241, the defendant is ordered to have a psychiatric evaluation to be conducted by Bruce Gutnik, M.D., 10050 Regency Circle, Omaha, Nebraska 68114; the defendant is also ordered to have a psychiatric evaluation by a psychiatrist to be named by the government; the United States Marshal is directed to transport the defendant, August Dallas, under such conditions as the U. S. Marshal shall deem appropriate, from his place of detention to the above-mentioned examinations, and to return August Dallas to his place of detention upon completion of each of the evaluations; the U. S. Marshal shall be given notice of the examination dates at least 72 hours prior to transportation; upon receipt by the court and counsel of the examination reports, a hearing will be promptly scheduled by the court to determine the competency of the defendant; the issue of detention is held in abeyance pending the court's receipt of the evaluations as to defendant August J. Dallas. Ordered by Magistrate Judge F. A. Gossett. (1 Certified copy to USM)(CJP)
March 27, 2008
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ORDER for interim payents and waiver of compensation limits regarding 79 as to August J. Dallas (1). Ordered by Magistrate Judge F. A. Gossett. (CJP)
July 2, 2008
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REPORT AND RECOMMENDATION that the court's findings on the record be adopted as to defendant(s) August J. Dallas. FURTHER, IT IS ORDERED that August J. Dallas is committed to the custody of the Attorney General, pursuant to the provisions of 18 U.S.C. § 4245(d). Pursuant to 18 U.S.C. § 4247(e)(1)(B), the director of the facility in which the defendant is committed shall prepare annual reports concerning the mental condition of the defendant and containing recommendations concerning the need for his continued commitment. The annual reports shall be submitted to this court and delivered to all counsel of record in this matter. The first such report shall be filed no later than 8/1/2009. The clerk shall cause an expedited transcript of the hearing to be prepared and filed. Pursuant to NECrimR 57.3, any objection to this Report and Recommendation shall be filed with the Clerk of the Court within ten (10) business days after the unredacted transcript is available to counsel. Ordered by Magistrate Judge F. A. Gossett. (CLS, )
July 22, 2008
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ORDER granting 103 Motion to Extend as to August J. Dallas (1); The Defendant must file any objections to the Report and Recommendation(Filing No. 101) on or before August 6, 2008. Ordered by Judge Laurie Smith Camp. ( ADB )
August 7, 2008
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ORDER granting MOTION to Extend Deadline to File Objections to Magistrate Judge's Report and Recommendation and Order of July 2, 2008106, as to defendant August J. Dallas. Ordered by Judge Laurie Smith Camp. (JAE, )
August 22, 2008
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ORDER - The Defendant's motion for leave to file amended objections to theMagistrate Judges Report and Recommendation and Order 113 is granted. The Defendant's motion to extend the deadline to file a brief in support of the amended objections 116 is granted. The Defendant must file the amended objections and supporting brief on or before September 5, 2008, as to defendant August J. Dallas. Ordered by Judge Laurie Smith Camp. (JAE, )
September 9, 2008
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MEMORANDUM AND ORDER that The Magistrate Judge's Report and Recommendation and Order (8:06CR78, 101; 8:04CR69, 73) is overruled; the Defendant's objections to the Report and Recommendation and appeal from the Order (8:06CR78, 107) are granted insofar as they are consistent with this memorandum and order, and otherwise they are denied; the Defendant, August J. Dallas, is committed to the custody of the Attorney General under 18 U.S.C. §§ 4241 and 4247(b), so that the director of the Federal Medical Facility at Springfield, Missouri, or another suitable facility, may determine whether acertificate should issue under 18 U.S.C. § 4246(a); the director of the facility must submit to the undersigned a § 4246(a) certificate, or a statement indicating that a § 4246(a) certificate will not be issued, within 30 days of the Defendant's arrival at the facility; once the Court receives the certificate or statement, the Court will immediately provide the evaluation to counsel of record; the United States Marshal must immediately, without delay, transport the Defendant to the Springfield, Missouri, facility, or other suitable facility as identified by the Attorney General of the United States, in accordance with this order, at no cost to the Defendant; the petitions alleging violations of the Defendant's pretrial release (8:06CR78, 80) and supervised release (8:04CR69, 36 54) are held in abeyance; in 8:06CR78, speedy trial is excluded under 18 U.S.C. § 3161(h)(1)(A) &(h)(4) as to August J. Dallas (1). Ordered by Judge Laurie Smith Camp. (1 certified copy to USM)(CJP)
December 4, 2009
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FINDINGS AND RECOMMENDATION that the government's "Motion for New Competency Evaluation" 121 be denied; that the defendant's objection thereto 124 be denied as moot; and that the defendant's "Motion to Dismiss Indictment" 128 be denied as to defendant August J. Dallas. A party may object to the magistrate judge's findings and recommendation by filing an "Objection to Magistrate Judge's Findings and Recommendation" within 14 days after being served with the findings and recommendation. The objecting party must comply with all requirements of NECrimR 59.2. Ordered by Magistrate Judge F. A. Gossett. (CLS, )
January 5, 2010
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MEMORANDUM AND ORDER that the Magistrate Judge's Findings and Recommendation (8:04CR69, Filing No. 88; 8:06CR78, Filing No. 132 are adopted in their entirety; the government's motion for a new competency evaluation (8:04CR69, Filing No. 77; 8:06CR78, Filing No. 121 is denied; the Defendant's objections to the government's motion for a new competency hearing (8:04CR69, Filing No. 80; 8:06CR78, Filing No. 124 are denied as moot; and the Defendant's motion to dismiss (8:06CR78, Filing No. 128) is denied as to August J. Dallas (1). Ordered by Judge Laurie Smith Camp. (CJP)
April 22, 2010
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ORDER - The government must show cause on or before May 3, 2010, as to why this case should not be dismissed, without prejudice, as against the Defendant, August J. Dallas, and the pending Petition for Action on Conditions of Pretrial Release (Filing No. 80) be denied as moot as to defendant August J. Dallas. Ordered by Judge Laurie Smith Camp. (GJG)