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06-123 - USA v. McNeil


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06-123 - USA v. McNeil
May 1, 2006
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ORDER APPOINTING COUNSEL - The Federal Public Defender appointed as counsel for the defendant Jamaal A. McNeil. Signed by Magistrate Judge F. A. Gossett on 5/1/2006. (MLF, )
May 2, 2006
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ORDER of Detention pending trial as to defendant Jamaal A. McNeil. Signed by Magistrate Judge F. A. Gossett on 5/2/2006. Copy to US Marshal. (MLF, )
May 22, 2006
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ORDER regarding 12 Motion for Determination of Mental Competency as to Jamaal A. McNeil. The motion is set for hearing on June 8, 2006 at 10:30 a.m. before Magistrate Judge F.A. Gossett. Signed by Magistrate Judge F. A. Gossett on 5/22/2006. (MLF, )
June 8, 2006
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ORDER granting 12 Motion for Medical/Mental Examination as to Jamaal A. McNeil (1). Pursuant to 18 U.S.C. 4241, the defendant is committed to the custody of the Attorney General for placement in a suitable facility to be examined for a reasonable period of time, not to exceed thirty days, to determine whether defendant is sufferring from a mental disease or defect rendering him mentally incompetent to the extent that he is unable to understand the nature and consequences of the proceedings against him or to assist properly in his defense. A psychiatric or psychological report shall be filed with the court with copies provided to counsel of record at the completion of the examination. Upon receipt of the examimantion report, a hearing shall be promptly scheduled to determine the competency of the defendant to stand trial in this case. Signed by Magistrate Judge F. A. Gossett on 6/8/2006. Cert Copy to USM (MKR, )
July 26, 2006
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ORDER that the Motion for Release 16 and Motion for Copies and Notice of Address 17 are denied without prejudice subject to defense counsel refiling the motions if necessary as to Jamaal A. McNeil. Signed by Magistrate Judge F. A. Gossett on 7/26/2006. (MLF, )
September 19, 2006
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ORDER as to defendant Jamaal A. McNeil. Mental Competency Hearing set for 9/21/2006 at 1:30 PM before Magistrate Judge F. A. Gossett. Ordered by Magistrate Judge F. A. Gossett.(MLF, )
September 21, 2006
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ORDER that the defendant is not suffering from any mental disease or defect which renders him mentally incompetent to understand the nature and consequences of the proceedings against him or to assist properly in his defense. This case will be progressed by separate order as to defendant Jamaal A. McNeil Ordered by Magistrate Judge F. A. Gossett.(JSF)
October 12, 2006
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ORDER regarding 24 Motion to Suppress as to Jamaal A. McNeil. The motion is set for hearing on October 25, 2006 at 9:00 a.m. before Magistrate Judge F.A. Gossett. Ordered by Magistrate Judge F. A. Gossett.(MLF, )
October 25, 2006
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ORDER granting 27 the government's oral motion to continue as to Jamaal A. McNeil. The evidentiary hearing on the Motion to Suppress 24 is rescheduled to November 15, 2006 at 9:00 a.m. before Judge F.A. Gossett. Ordered by Magistrate Judge F. A. Gossett.(MLF, )
November 15, 2006
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REPORT AND RECOMMENDATION that the Motion to Suppress 24 be denied in all respects. FURTHER, IT IS ORDERED: 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 10 days after the transcript is available to counsel as to defendant Jamaal A. McNeil. Ordered by Magistrate Judge F. A. Gossett.(MKR )
December 22, 2006
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ORDER adopting 32 Magistrate's Report and Recommendation, denying 24 Defendant's Motion to Suppress as to Jamaal A. McNeil (1). Ordered by Judge Joseph F. Bataillon.(SMS, )
January 22, 2007
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ORDER - The government's motion for a continuance of the trial of this matter 38 is granted. Trial of this matter is re-scheduled for February 26, 2007, before Chief Judge Joseph F. Bataillon and a jury; the time betweenJanuary 18, 2007 and February 26, 2007, shall be deemed excludable time in anycomputation of time under the requirement of the Speedy Trial Act; McNeil shall submit to a mental examination to be conducted by the government's expert psychologist or psychiatrist to determine McNeils' mental condition atthe time of the alleged offenses in accordance with 18 U.S.C. 4242(a) as to Jamaal A. McNeil (1) Ordered by Magistrate Judge Thomas D. Thalken.(TJS)
February 16, 2007
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ORDER - McNeil's motion to continue trial Filing No. 45 is granted.Trial of this matter is re-scheduled for April 2, 2007, before Chief Judge Joseph F. Bataillon and a jury. The ends of justice have been served by granting such motion and outweigh the interests of the public and the defendant in a speedy trial. The additional time arising as a result of the granting of the motion, i.e., the time between February 16, 2007 and April 2, 2007, shall be deemed excludable time in any computation of time under the requirement of the Speedy Trial Act for the reason that defendant's counsel requires additional time to adequately prepare the case. The failure to grant additional time might result in a miscarriage of justice. 18 U.S.C. 3161(h)(8)(A) & (B) as to Jamaal A. McNeil (1). Ordered by Magistrate Judge Thomas D. Thalken.(TJS) Modified on 2/20/2007 to correct Judge's name (TJS).
February 28, 2007
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ORDER regarding 48 Motion to Withdraw as Attorney as to Jamaal A. McNeil. The motion is set for hearing on March 5, 2007 at 3:00 p.m. before Magistrate Judge F.A. Gossett. Ordered by Magistrate Judge F. A. Gossett.(MLF, )
March 6, 2007
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ORDER granting 48 Motion to Withdraw as Attorney. Jeffrey L. Thomas is given leave to withdraw as counsel for the Defendant and is appointed as standby counsel as to Jamaal A. McNeil (1). Ordered by Magistrate Judge F. A. Gossett.(JSF)
March 22, 2007
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ORDER denying 65 & 66 Defendant's Motions to Object to Plaintiff's Pleadings, to Quash Plaintiff's Pleadings, to Dismiss Criminal Case, for Release as to Jamaal A. McNeil (1). Ordered by Judge Joseph F. Bataillon.(SMS, )
March 23, 2007
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ORDER taking under advisement until the time of trial 75 Defendant's Motion for Special Verdict as to Jamaal A. McNeil (1) Ordered by Judge Joseph F. Bataillon.(AAF)
March 27, 2007
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ORDER denying as moot and without merit 75 Motion for Special Verdict; denying 85 Motion to Object, Quash, and Withdraw Notice as to defendant Jamaal A. McNeil. Ordered by Judge Joseph F. Bataillon.(SMS, )
April 4, 2007
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ORDER denying 87 Motion to Quash and to Withdraw Document and Jamaal A. McNeil (1). Ordered by Judge Joseph F. Bataillon.(SMS, )
May 7, 2007
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ORDER denying 108 109 110 111 Defendant's Motions for Judgment of Acquittal, for New Trial, for Mistrial, and for Arrest of Judgment as to Jamaal A. McNeil (1). Ordered by Judge Joseph F. Bataillon.(SMS, )
May 7, 2007
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ORDER granting 107 Motion for Preliminary Forfeiture as to Jamaal A. McNeil (1). Ordered by Judge Joseph F. Bataillon.(SMS, )
June 12, 2007
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ORDER - The defendant's motion to dismiss, suppress, and release 125 is denied. Defendant's issues have been previously ruled on by the court or are without merit. Defendant also sent a letter to this court asking for a copy of the docket report and text minutes. The clerk of court is directed to send defendant a copy of the latest docket report as to defendant Jamaal A. McNeil. Ordered by Judge Joseph F. Bataillon. - (Copy of docket sheet mailed to defendant at the address on the docket) (KBJ)
June 29, 2007
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ORDER regarding COPY of Order from USCA128; This matter is before the court on defendant Jamaal A. McNeils petition for writ of mandamus with the Eighth Circuit Court of Appeals. Case No. 07-2465. The Eighth Circuit has asked this court to respond to the petition for mandamus. In his writ of mandamus,defendant asks the Eighth Circuit to compel this court to release him from custody at the Douglas County Correctional Center. The court directs the Clerk of Court to send a copy of this response to the parties in this case, and to the office of Michael E. Gans, Eighth Circuit U.S. Court of Appeals Clerks Office,pursuant to Filing No. 128.as to defendant(s) Jamaal A. McNeil Ordered by Judge Joseph F. Bataillon.(PCV, ) Modified on 7/2/2007 to add that copy of order has been sent to defendant at address listed on docket sheet (PCV, ).
July 16, 2007
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FINAL ORDER OF FORFEITURE granting 132 Motion for Final Forfeiture as to Jamaal A. McNeil (1). The $245.00 in United States currency, be, and the same hereby is, forfeited to the United States of America. The United States Marshal for the District of Nebraska is directed to dispose of said property in accordance with law. Ordered by Judge Joseph F. Bataillon. (1 certified copy to US Marshal)(ADB)
July 25, 2007
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ORDER - The defendant's motion to amend objection to presentence investigation report 138 is granted. The court reminds the defendant that he is scheduledto be sentenced on August 1, 2007, so any amendments to his previously filed objection, Filing No. 127, should be filed before August 1, 2007, or they may be raised at sentencing as to defendant Jamaal A. McNeil. Ordered by Judge Joseph F. Bataillon. (KBJ)
August 9, 2007
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SENTENCING MEMORANDUM regarding reasoning for departure as set forth in this Memorandum as to defendant Jamaal A. McNeil. Ordered by Judge Joseph F. Bataillon. (KBJ)
August 9, 2007
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JUDGMENT as to Jamaal A. McNeil. Defendant was found guilty on Counts I and II of the Indictment and is sentenced to the custody of the Bureau of Prisons for 120 months; and shall be given credit for time served. 8 years Supervised Release with special conditions; $100.00 Special Assessment. Criminal Case Terminated as to defendant Jamaal A. McNeil. Exhibit Deadline set for 11/7/2007. Ordered by Judge Joseph F. Bataillon. - (4 certified copies to USM and to Mr. McNeil) (KBJ)
August 28, 2007
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ORDER denying 146 Motion for Release as to Jamaal A. McNeil (1). The court is unclear what relief the defendant is requesting. The defendant was sentenced on August 1, 2007, and a Judgment was entered on August 9, 2007. If this is intended as an appeal of his conviction and Judgment, the court finds this motion is filed out of time and is denied. Ordered by Judge Joseph F. Bataillon.(ADB)
October 17, 2007
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ORDER - In regards to the Letter by Clerk of the 8th Circuit Court of Appeals 151 requesting that the court respond to the Petition for Mandamus filed by defendant Jamaal A. McNeil. It is this court's belief that defendant's current request to the 8th Circuit for release from custody is without merit and has no basis in law as to defendant Jamaal A. McNeil. Ordered by Judge Joseph F. Bataillon. - (Clerk has mailed copies as directed) (KBJ)
February 13, 2008
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ORDER that the defendant's Motion to Proceed In Forma Pauperis (Filing No. 163) is granted; If defendant chooses to amend or withdraw his pleading, he should do so by March 13, 2008; If no amended pleading is filed by that date, the court will construe the pro se pleadings as the defendant's first Motion to Vacate, Set Aside, or Correct a Sentence by a Federal Prisoner under 28 U.S.C. § 2255 and any subsequent motion to vacate will be subject to the restrictions on "second or successive" motions under the statute. Ordered by Chief Judge Joseph F. Bataillon. (Copy mailed to pro se party)( TCL)
March 26, 2008
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ORDER -The Clerk of Court shall issue the required paperwork to defendant to allow him to file his official 28 U.S.C. § 2255 forms. Defendant shall timely file those forms, and shall do so within sixty days of the date of this order. Failure to timely file those forms shall result in this courts denial of his current motions and pleadings, as to defendant Jamaal A. McNeil. ( Case Management Deadline set for 5/26/2008.) Ordered by Chief Judge Joseph F. Bataillon. (Copy and form mailed to pro se party)(JAE, )
August 1, 2008
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ORDER that this court has carefully reviewed defendant's request for mandamus relief regarding Notice (Other) 181. Defendant is requesting that this court or the Eighth Circuit Court of Appeals release him from jail. The defendant states he does not understand why this court incarcerated him in the first instance, and he would like to return to his job at Pizza Hut. It is this court's belief that defendant's current request to the Eighth Circuit for release from custody is without merit and has no basis in law. The court directs the Clerk of Court for the District of Nebraska to send a copy of this response to the parties in this case, and in particular to Jamaal A. McNeil, and to the office of Michael E. Gans, Clerk of Court, Eighth Circuit Court of Appeals as to defendant Jamaal A. McNeil. Ordered by Chief Judge Joseph F. Bataillon. (Copy mailed to defendant as directed; copy to 8th Circuit by regenerating NEF)(ADB )
August 22, 2008
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MEMORANDUM AND ORDER - The following motions filed by Jamaal A. McNeil are granted: a. Motion for Leave to Proceed In Forma Pauperis, 163;b. Motion for Leave to Proceed In Forma Pauperis, 178. The the following motions filed by Jamaal A. McNeil are denied: a. Motion for Writ of Habeas Corpus with Supporting Affidavit, 159 ; b. Motion to Subpoena Documents, 160 ; c. Motion to Object, Etc. Suppress and Dismiss, 161; d. Motion for Summary Judgment, 162 ; e. Motion to Withdraw Pleadings 160, 161, 162, 163, and 165, Filing No. 168 (and copy filed at 180); f. Motion to Issue Subpoena,170 ; g. Motion to Object and Motion to Suppress, 171 ; h. Motion for Summary Judgment (Declaratory Judgment) to Dismissthe Case, 173 ; i. Motion to Compel the United States to Release the Defendant from Custody, 175 ; j. Writ of Coram Nobias, 177, as to Jamaal A. McNeil. Ordered by Chief Judge Joseph F. Bataillon. (Copy mailed to pro se party)( JAE, )
February 20, 2009
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ORDER denying the defendant's 188 and 191 Motion for Release as to Jamaal A. McNeil (1). Ordered by Chief Judge Joseph F. Bataillon. (MKR) (copies mailed to pro se party)
November 16, 2009
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ORDER that defendant's motion to dismiss criminal case 199; motion for security bond 200; motion for judgment 201; motion to object and suppress 202; motion for subpoenas 203; and motion for leave to file in forma pauperis 204 are denied as to Jamaal A. McNeil (1). Ordered by Chief Judge Joseph F. Bataillon. (JSF)
December 1, 2009
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ORDER denying 208 Motion for Leave to Proceed In Forma Pauperis; denying 210 Motion for issuance of subpoenas; denying 211 Motion to object and suppress the evidence; denying 212 Motion for declaratory judgment; denying 213 Motion for security bond; and denying 214 Motion to Dismiss Criminal Case as to Jamaal A. McNeil (1). Defendant is further ordered not to file these same motions again. Ordered by Chief Judge Joseph F. Bataillon. (JSF)
August 17, 2010
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MEMORANDUM AND ORDER - Defendant's motions, Filing Nos. 224, 226, 228, 230, 232, 234, and 236 are denied as frivolous and without merit. Ordered by Chief Judge Joseph F. Bataillon. (Copy mailed to pro se party) (AOA)
August 12, 2011
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ORDER granting in part and denying in part 243 Motion for Copies as to Jamaal A. McNeil (1); The clerk of court is ordered to mail to the defendant a copy of the docket sheet from docket #240 through today's date. The defendant's request for return of $245.00 is denied as frivolous. Defendant's 244 Objection is denied as to Jamaal A. McNeil (1). Ordered by Chief Judge Joseph F. Bataillon. (Copy mailed/e-mailed to pro se party as directed)( ADB)
March 9, 2012
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ORDER as to Jamaal A. McNeil (1) - Defendant's motions, Filing Nos. 253 and 254, are denied as frivolous and without merit. Ordered by Judge Joseph F. Bataillon. (Copy mailed to defendant) (TEL)
July 26, 2012
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ORDER denying 259 Motion for Writ of Mandamus and 260 Motion for Leave to Proceed In Forma Pauperis as to Jamaal A. McNeil (1). Ordered by Judge Joseph F. Bataillon. (Copy mailed to defendant) (TEL)
February 4, 2013
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ORDER denying as frivolous and without merit 284 Motion for Release and 285 Motion for Leave to Proceed In Forma Pauperis as to Jamaal A. McNeil (1). Ordered by Judge Joseph F. Bataillon. (Copy mailed to defendant) (JSF)
February 12, 2013
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ORDER that defendant's motions, 288 and 290, are denied as frivolous and without merit as to Jamaal A. McNeil (1). Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party) (JSF)
April 23, 2013
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ORDER denying pending motions as to Jamaal A. McNeil (1). Defendant's motions, Filing Nos. 292, 293, 294, 295 and 296 are denied as frivolous and without merit. Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party)(JAB)
July 31, 2015
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ORDER APPOINTING STAND-BY COUNSEL as to defendant Jamaal A. McNeil - The Federal Public Defender for the District of Nebraska is appointed to represent the defendant in this matter as stand-by counsel. Ordered by Magistrate Judge Thomas D. Thalken. (MBM)
August 5, 2015
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ORDER regarding PETITION FOR OFFENDER UNDER SUPERVISION 334 as to defendant Jamaal A. McNeil. A final dispositional hearing will be held before Senior Judge Bataillon in Courtroom No. 3, Third Floor, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, Nebraska, on August 28, 2015 at 3:00 p.m. Defendant must be present in person. Ordered by Magistrate Judge F.A. Gossett. (Copy mailed to defendant)(SLP)
October 30, 2015
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ORDER that the plaintiff's motion to continue the disposition hearing currently set for November 6, 2015, Filing No. 376, is granted. Defendant's objection to the continuance, which is embedded in Filing No. 377, is overruled. The disposition hearing is continued to 12/10/2015 at 02:30 PM in Courtroom 3, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Senior Judge Joseph F. Bataillon. Defendant must be present in person as to Jamaal A. McNeil (1). Ordered by Senior Judge Joseph F. Bataillon. (Copy mailed to pro se party)(ADB)
December 10, 2015
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JUDGMENT for Revocation of Supervised Release. Defendant admitted guilt to violation of the Mandatory Condition of the term of supervision and is committed to the custody of the United States Bureau of Prisons to be imprisoned for a term of six (6) months with no term of supervised release to follow. Allegations 1 and 3-6 of the Petition (Filing No. 334) are dismissed on the motion of the United States as to this defendant only as to defendant Jamaal A. McNeil. Ordered by Senior Judge Joseph F. Bataillon. (1 Certified copy to USM)(copy mailed to defendant) (ADB)
December 30, 2015
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ORDER permitting the defendant to proceed on appeal in forma pauperis as to defendant Jamaal A. McNeil. Ordered by Senior Judge Joseph F. Bataillon. (TCL)
February 27, 2017
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ORDER to withdraw exhibits or to show cause why exhibits should not be destroyed regarding defendant's pro se exhibits from supervised release hearing held 12/10/2015 as to defendant Jamaal A. McNeil. Ordered by Senior Judge Joseph F. Bataillon. (Copy mailed to pro se party at 2002 N. 37th Street, Omaha, NE 68111) (ADB)