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06-184 - USA v. Aguila et al


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06-184 - USA v. Aguila et al
June 26, 2006
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ORDER APPOINTING COUNSEL as to defendant Steve Eugene Encinas - Julie A. Frank is appointed to represent the defendant signed by Magistrate Judge Thomas D. Thalken on 6/26/2006. (MBB)
July 17, 2006
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ORDER granting 20 Motion to Continue is granted; all defendants are given until on or before August 11, 2006, in which to file pretrial motions pursuant to the progression order. The additional time arising as a result of the granting of the motion, i.e., the time between July 17, 2006 and August 11, 2006, shall be deemed excludable time under the requirement of the Speedy Trial Act. Pretrial Motion Deadline set for 8/11/2006. Signed by Magistrate Judge Thomas D. Thalken on 7/17/2006. (PCV, )
August 11, 2006
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ORDER - Defendant Stevenson's motion for an extension of time 33 is granted.All defendants are given until on or before September 11, 2006, in which to file pretrial motions pursuant to the progression order. The time between 8/11/06 and 9/11/06 shall be excluded under the Speedy Trial Act as to defendant Gregg Stevenson. Pretrial Motion Deadline set for 9/11/2006. Signed by Magistrate Judge Thomas D. Thalken on 8/11/2006. (KBJ)
September 15, 2006
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ORDER as to defendants Cessar Jimenez Aguila, Gregg Stevenson and Steve Eugene Encinas that a hearing on all pending motions is scheduled before Magistrate Judge Thomas D. Thalken on 10/03/2006 at 1:00 p.m. Counsel are reminded of the requirements of NECrimR 12.5. Ordered by Magistrate Judge Thomas D. Thalken. (MBB)
September 27, 2006
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ORDER denying as moot 41 Motion to Continue as to Gregg Stevenson (2); granting 42 Motion to Continue as to Gregg Stevenson (2). Counsel for Gregg Stevenson (2) and the United States shall participate in a telephone conference on 10/31/2006 at 02:30 PM with Magistrate Judge Thomas D. Thalken for the purpose of rescheduling the suppression hearing. Counsel for the United States shall initiate the telephone conference. Ordered by Magistrate Judge Thomas D. Thalken.(PAV, )
November 3, 2006
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ORDER - The Oral Motion 44 to Continue is granted. The evidentiary hearing on all pending motions is continued to 11/20/06 at 1:00pm, before the undersigned magistrate judge, in Courtroom No. 7(Omaha). This being a criminal case, the defendant must be present unless otherwise ordered by the court as to defendant Gregg Stevenson. Ordered by Magistrate Judge Thomas D. Thalken. (KBJ)
February 27, 2007
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REPORT AND RECOMMENDATION that MOTION to Suppress Evidence and Statements 37 be denied as to defendant Gregg Stevenson. Ordered by Magistrate Judge Thomas D. Thalken.(PAV)
March 29, 2007
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ORDER denying 37 motion to suppress as to Gregg Stevenson (2); approving and adopting 63 Report and Recommendations as to Gregg Stevenson (2); and denying 64 objection to Report and Recommendation as to Gregg Stevenson (2). Trial is scheduled for May 21, 2007. Additional time between March 29, 2007, and May 21, 2007, shall be deemed excludable under the requirement of the speedy trial act. Ordered by Judge Lyle E. Strom.(JDR)
April 18, 2007
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ORDER as to defendant Steve Eugene Encinas scheduling Rule 11 hearing for April 20, 2007, at 9 a.m. Ordered by Judge Lyle E. Strom.(JDR)
April 24, 2007
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ORDER as to defendant Gregg Stevenson scheduling Rule 11 hearing for April 30, 2007, at 10 a.m. Ordered by Judge Lyle E. Strom. (JDR)
May 2, 2007
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ORDER that the US Marshal shall furnish to defendant a one-way bus ticket to Tucson, Arizona as to defendant Steve Eugene Encinas. Ordered by Judge Lyle E. Strom. Certified copy to the USM (JSF)
May 8, 2007
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ORDER as to defendant Cessar Jimenez Aguila scheduling Rule 11 hearing for May 16, 2007, at 9 a.m. Ordered by Judge Lyle E. Strom.(JDR)
May 22, 2007
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PRELIMINARY ORDER OF FORFEITURE sustaining 90 Motion for Preliminary Forfeiture. The US Marshal for the Southern District of New York is authorized to seize the property referenced in this order. Defendants' interest in said properties is forfeited to the USA for disposition. Upon adjudication of all third-party interests, this Court will enter a Final Order of Forfeiture as to Cessar Jimenez Aguila (1), Gregg Stevenson (2) and Steve Eugene Encinas (3). Ordered by Judge Lyle E. Strom. Certified copy to the USM. (JSF)PRELIMINARY ORDER OF FORFEITURE sustaining 90 Motion for Preliminary Forfeiture. The US Marshal for the Southern District of New York is authorized to seize the property referenced in this order. Defendants' interest in said properties is forfeited to the USA for disposition. Upon adjudication of all third-party interests, this Court will enter a Final Order of Forfeiture as to Cessar Jimenez Aguila (1), Gregg Stevenson (2) and Steve Eugene Encinas (3). Ordered by Judge Lyle E. Strom. Certified copy to the USM. (JSF)PRELIMINARY ORDER OF FORFEITURE sustaining 90 Motion for Preliminary Forfeiture. The US Marshal for the Southern District of New York is authorized to seize the property referenced in this order. Defendants' interest in said properties is forfeited to the USA for disposition. Upon adjudication of all third-party interests, this Court will enter a Final Order of Forfeiture as to Cessar Jimenez Aguila (1), Gregg Stevenson (2) and Steve Eugene Encinas (3). Ordered by Judge Lyle E. Strom. Certified copy to the USM. (JSF)
May 31, 2007
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ORDER TO WITHDRAW EXHIBITS OR TO SHOW CAUSE WHY EXHIBITS SHOULD NOT BE DESTROYED as to defendant Gregg Stevenson. Ordered by Judge Lyle E. Strom.(CJP)
June 29, 2007
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ORDER granting 98 motion to continue as to Cessar Jimenez Aguila (1) - Sentencing set for 9/14/2007 09:30 AM in Courtroom 5 (Omaha) before Senior Judge Lyle E. Strom. Ordered by Judge Lyle E. Strom. (JDR)
July 16, 2007
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ORDER as to defendant Steve Eugene Encinas rescheduling sentencing for August 10, 2007, at 1:30 p.m. Ordered by Judge Lyle E. Strom. (JDR)
August 2, 2007
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JUDGMENT as to Gregg Stevenson (2), Defendant plead guilty to counts I, III and IV of the Superseding Indictment and is committed to the Bureau of Prisons for 82 months; 5 years supervised release with special conditions; $100 special assessment; final order of forfeiture as to Count IV forthcoming; the Indictment and Count II of the Superseding Indictment are dismissed on the motion of the United States as to this defendant only as to defendant Gregg Stevenson. Ordered by Judge Lyle E. Strom. (4 certified copies to USM) (CJP)
August 14, 2007
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JUDGMENT as to Steve Eugene Encinas (3), Defendant plead guilty to Counts I and IV of the Superseding Indictment and is committed to the Bureau of Prisons for 32 months; 3 years supervised release with special conditions; $100 special assessment; the Indictment is dismissed on the motion of the United States as to this defendant only; final order of forfeiture as to Count IV forthcoming; Criminal Case Terminated as to defendant Steve Eugene Encinas. Ordered by Judge Lyle E. Strom. (4 certified copies to USM) (CJP)
September 10, 2007
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ORDER granting 122 motion to continue as to Cessar Jimenez Aguila (1) - Sentencing set for 11/19/2007 09:00 AM in Courtroom 5 (Omaha) before Senior Judge Lyle E. Strom. Ordered by Judge Lyle E. Strom. (JDR)
October 16, 2007
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ORDER TO WITHDRAW EXHIBITS OR TO SHOW CAUSE WHY EXHIBITS SHOULD NOT BE DESTROYEDas to defendant Gregg Stevenson. Ordered by Judge Lyle E. Strom.(CJP)
October 16, 2007
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ORDER TO WITHDRAW EXHIBITS OR TO SHOW CAUSE WHY EXHIBITS SHOULD NOT BE DESTROYED as to defendant Steve Eugene Encinas. Ordered by Judge Lyle E. Strom.(CJP)
November 14, 2007
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ORDER granting 132 motion to continue as to Cessar Jimenez Aguila (1) - Sentencing set for 1/24/2008 09:30 AM in Courtroom 5 (Omaha) before Senior Judge Lyle E. Strom. Ordered by Judge Lyle E. Strom. (JDR)
January 16, 2008
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ORDER granting 138 motion to continue as to Cessar Jimenez Aguila (1) - Sentencing set for 3/21/2008 09:00 AM in Courtroom 5 - Omaha before Senior Judge Lyle E. Strom. Ordered by Senior Judge Lyle E. Strom. (JDR)
March 25, 2008
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ORDER that any transcript of the sentencing proceedings in this matter shall remain sealed, as to defendant Cessar Jimenez Aguila. Ordered by Senior Judge Lyle E. Strom. (Copy to Court Reporter)(JAE, )
March 25, 2008
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JUDGMENT as to Cessar Jimenez Aguila (1), Defendant plead guilty to Counts I and IV of the Superseding Indictment and is committed to the Bureau of Prisons for 24 months; 5 years supervised release with special conditions; $100 special assessment; the Indictment is dismissed on the motion of the United States as to this defendant only; final order of forfeiture as to Count IV forthcoming; the defendant shall surrender for service at the institution designated by the Bureau of Prisons before 2:00 p.m. on June 2, 2008, Criminal Case Terminated as to defendant Cessar Jimenez Aguila. Ordered by Senior Judge Lyle E. Strom. (4 certified copies to USM)(CJP)
May 16, 2008
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FINAL ORDER OF FORFEITURE - Plaintiff's Motion for Final Order of Forfeiture 150 is hereby sustained. All right, title and interest in and to the subject properties, held by any person or entity, is hereby forever barred and foreclosed. The subject properties, be, and the same hereby are, forfeited to the United States of America. The United States Marshal for the South District of New York is directed to dispose of said properties in accordance with law, as to Cessar Jimenez Aguila (1), Gregg Stevenson (2), Steve Eugene Encinas (3). Ordered by Senior Judge Lyle E. Strom. (1 Certified copy to USM)( JAE, )FINAL ORDER OF FORFEITURE - Plaintiff's Motion for Final Order of Forfeiture 150 is hereby sustained. All right, title and interest in and to the subject properties, held by any person or entity, is hereby forever barred and foreclosed. The subject properties, be, and the same hereby are, forfeited to the United States of America. The United States Marshal for the South District of New York is directed to dispose of said properties in accordance with law, as to Cessar Jimenez Aguila (1), Gregg Stevenson (2), Steve Eugene Encinas (3). Ordered by Senior Judge Lyle E. Strom. (1 Certified copy to USM)( JAE, )FINAL ORDER OF FORFEITURE - Plaintiff's Motion for Final Order of Forfeiture 150 is hereby sustained. All right, title and interest in and to the subject properties, held by any person or entity, is hereby forever barred and foreclosed. The subject properties, be, and the same hereby are, forfeited to the United States of America. The United States Marshal for the South District of New York is directed to dispose of said properties in accordance with law, as to Cessar Jimenez Aguila (1), Gregg Stevenson (2), Steve Eugene Encinas (3). Ordered by Senior Judge Lyle E. Strom. (1 Certified copy to USM)( JAE, )
August 11, 2008
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ORDER sustaining 154 Motion to Vacate as to Cessar Jimenez Aguila (1), Gregg Stevenson (2) and Steve Eugene Encinas (3). That portion of the Preliminary Order of Forfeiture 91 directing the US Marshal to seize the real property commonly known as 1 Oak Ridge Court, Pomona, New York, is hereby vacated. All remaining provisions of the Preliminary Order of Forfeiture remain in full force and effect. The portion of the Final Order of Forfeiture 151 forfeiting the real property commonly known as 1 Oak Ridge Court, Pomona, New York, to the USA, foreclosing all others' interests in said real property, and directing the US marshal to dispose of said real property, is hereby vacated. All remaining provisions of the Final Order of Forfeiture remain in full force and effect. Ordered by Senior Judge Lyle E. Strom. (1 Certified copy to USM) (JSF)ORDER sustaining 154 Motion to Vacate as to Cessar Jimenez Aguila (1), Gregg Stevenson (2) and Steve Eugene Encinas (3). That portion of the Preliminary Order of Forfeiture 91 directing the US Marshal to seize the real property commonly known as 1 Oak Ridge Court, Pomona, New York, is hereby vacated. All remaining provisions of the Preliminary Order of Forfeiture remain in full force and effect. The portion of the Final Order of Forfeiture 151 forfeiting the real property commonly known as 1 Oak Ridge Court, Pomona, New York, to the USA, foreclosing all others' interests in said real property, and directing the US marshal to dispose of said real property, is hereby vacated. All remaining provisions of the Final Order of Forfeiture remain in full force and effect. Ordered by Senior Judge Lyle E. Strom. (1 Certified copy to USM) (JSF)ORDER sustaining 154 Motion to Vacate as to Cessar Jimenez Aguila (1), Gregg Stevenson (2) and Steve Eugene Encinas (3). That portion of the Preliminary Order of Forfeiture 91 directing the US Marshal to seize the real property commonly known as 1 Oak Ridge Court, Pomona, New York, is hereby vacated. All remaining provisions of the Preliminary Order of Forfeiture remain in full force and effect. The portion of the Final Order of Forfeiture 151 forfeiting the real property commonly known as 1 Oak Ridge Court, Pomona, New York, to the USA, foreclosing all others' interests in said real property, and directing the US marshal to dispose of said real property, is hereby vacated. All remaining provisions of the Final Order of Forfeiture remain in full force and effect. Ordered by Senior Judge Lyle E. Strom. (1 Certified copy to USM) (JSF)
August 29, 2008
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ORDER as to Cessar Jimenez Aguila (1) that the government's motion for reduction of sentence is granted; Defendant shall be committed to the Bureau of Prisons for 18 months; Defendant is to be given credit for time previously served under the previous Judgment and Committal Order dated March 21, 2008, which was signed and filed on March 25, 2008 (Filing No. 147). All other terms and conditions of the Judgment and Committal Order dated March 21, 2008, which was signed and filed on March 25, 2008 (Filing No.147), remain in full force and effect. The Bureau of Prisons is hereby directed to remove defendant to a facility for service of his sentence that does not house inmates previously identified on a separatee list furnished to the U.S. Marshals Service for the Bureau of Prisons as to defendant Cessar Jimenez Aguila. Ordered by Senior Judge Lyle E. Strom. (1 Certified copy to USM)(ADB, )