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07-036 - USA v. Smyrak


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07-036 - USA v. Smyrak
March 13, 2007
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ORDER granting 11 Motion to Extend as to Joseph J. Smyrak (1). Pretrial Motion Deadline extended to 3/23/2007. The time between 3/12/2007 and 3/23/2007 is excluded under the Speedy Trial Act. Ordered by Magistrate Judge F. A. Gossett. (CLS, )
March 29, 2007
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ORDER granting 13 Motion to Extend as to Joseph J. Smyrak (1). Pretrial Motion Deadline set for 4/2/2007. The time between 3/23/2007 and 4/2/2007 is excluded under the Speedy Trial Act. Ordered by Magistrate Judge F. A. Gossett. (CLS, )
May 21, 2007
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ORDER granting 19 Motion to Withdraw as Attorney as to Joseph J. Smyrak. Michael J. Decker shall be deemed withdrawn as attorney of record and shall forthwith provide Clarence E. Mock with the discovery materials provided the defendant by the government and such other materials obtained by Mr. Decker which are material to the defendant's defense. Ordered by Magistrate Judge F. A. Gossett. (MLF, )
May 21, 2007
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ORDER as to defendant Joseph J. Smyrak that the Motion For Extension of Pretrial Motion Deadline 18 is granted. Pretrial motions shall be filed on or before June 18, 2007. Defendant is ordered to file a waiver of speedy trial as soon as practicable. The time between May 17, 2007 and June 18, 2007, shall be deemed excludable time in any computation of time under the requirement of the Speedy Trial Act. Ordered by Magistrate Judge F. A. Gossett.(MLF, )
August 10, 2007
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ORDER granting 26 government's oral motion to continue as to Joseph J. Smyrak. The evidentiary hearing on the Motion to Suppress 15, Motion to Produce Evidence for Testing 23 and Motion for Disclosure of Government's Intent to Introduce Other Crimes, Wrongs or Acts as Evidence at Trial 24 is continued to October 23, 2007 at 9:30 a.m. before Magistrate Judge Gossett. Ordered by Magistrate Judge F. A. Gossett.(MLF, )
October 23, 2007
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ORDER granting 28 government's oral motion to continue as to Joseph J. Smyrak. The evidentiary hearing on the Motion to Suppress 15, Motion to Produce Evidence for Testing 23 and Motion for Disclosure of Government's Intent to Introduce Other Crimes, Wrongs or Acts as Evidence at Trial 24 is continued to December 4, 2007 at 9:30 a.m. before Magistrate Judge F.A. Gossett. Since this is a criminal case, the defendant must be present unless excused by the Court. Ordered by Magistrate Judge F. A. Gossett. (MLF, )
December 14, 2007
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ORDER granting 38 Motion to Withdraw Document as to Joseph J. Smyrak. The defendant's Motion to Suppress 15, Motion to Produce Evidence for Testing 23 and Motion for Disclosure of Government's Intent to Introduce Other Crimes, Wrongs or Acts as Evidence at Trial 24 are deemed withdrawn. Ordered by Magistrate Judge F. A. Gossett. ( MLF, )
December 18, 2007
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AMENDED ORDER that the Amended Petition for Action on Conditions of Pretrial Release 37 is granted. The 2/20/07 Order Setting Conditions of Release 7 is hereby modified as to defendant Joseph J. Smyrak. Ordered by Magistrate Judge F. A. Gossett. (JSF)
March 27, 2008
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PRELIMINARY ORDER OF FORFEITURE that the United States' Motion for Issuance of Preliminary Order of Forfeiture is hereby sustained 55; based upon Count IV of the Indictment and the defendant's plea of guilty, the United States is hereby authorized to seize the $13,049.00 in United States currency; defendant's interest in said property is hereby forfeited to the United States for disposition in accordance with the law, subject to the provisions of 21 U.S.C. § 853(n)(1); upon adjudication of all third-party interests, this Court will enter a Final Order of Forfeiture pursuant to 21 U.S.C. § 853(n), in which all interests will be addressed as to Joseph J. Smyrak (1). Ordered by Senior Judge Lyle E. Strom. (1 certified copy to USM)(CJP)
May 28, 2008
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FINAL ORDER OF FORFEITURE sustaining 62 Motion for Final Forfeiture as to Joseph J. Smyrak (1). All right, title and interest in and to the $13,049.00 in United States currency, held by any person or entity, is hereby forever barred and foreclosed. The $13,049.00 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 Senior Judge Lyle E. Strom. (1 Certified copy to USM)( ADB )
July 21, 2008
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JUDGMENT as to Joseph J. Smyrak (1), Defendant plead guilty to Counts I and IV of the Indictment and is committed to the Bureau of Prisons for 60 months; 4 years supervised release with special conditions; $100 special assessment (paid); Counts II and III of the Indictment are dismissed on the motion of the United States as to this defendant only; defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons before 2:00 p.m. on September 15, 2008; The defendant shall forfeit the defendant's interest in the following property to the United States: $13,049.00 in United States Currency as to defendant Joseph J. Smyrak. Ordered by Senior Judge Lyle E. Strom. (4 certified copies to USM)(CJP)
September 11, 2008
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ORDER - Joseph Smyrak's date for reporting to the federal correctional institution at Waseca, Minnesota for service of his sentence is hereby extended to November 18, 2008 at 2:00 p.m. as to defendant Joseph J. Smyrak. Ordered by Chief Judge Joseph F. Bataillon. (1 Certified copy to USM)(TCL)
September 18, 2008
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ORDER TO WITHDRAW DEFENDANT'S EXHIBITS OR TO SHOW CAUSE WHY EXHIBITS SHOULD NOT BE DESTROYED as to defendant Joseph J. Smyrak. Ordered by Senior Judge Lyle E. Strom. (CJP)
November 14, 2008
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ORDER - At the request of the parties, IT IS ORDERED that the time for defendant to self-surrender to Sandstone, Minnesota, is extended to: Monday, December 1, 2008, at 2 p.m. as to defendant Joseph J. Smyrak. Ordered by Senior Judge Lyle E. Strom. (1 Certified copy to USM)(TCL)
November 25, 2008
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AMENDED JUDGMENT (Reduction of Sentence)as to Joseph J. Smyrak. The government's motion for reduction of sentence75 is granted. Defendant be committed to the custody of the Bureau of Prisons for a term of twenty-four (24) months. All other terms and conditions of the Judgment and Committal Order dated July 21, 2008 (Filing No. 68), remain in full force and effect. Ordered by Senior Judge Lyle E. Strom. (4 Certified copies to USM)(TCL) Modified on 11/26/2008 to correct typo (TCL).