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07-098 - USA v. Butler et al


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07-098 - USA v. Butler et al
April 11, 2007
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ORDER APPOINTING COUNSEL as to defendant Jay C. Butler - the Federal Public Defender is appointed to represent the defendant. Ordered by Magistrate Judge Thomas D. Thalken. (MBB)
April 11, 2007
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ORDER APPOINTING COUNSEL as to defendant Roland K. Long - William C. Bracker is appointed to represent the defendant. Ordered by Magistrate Judge Thomas D. Thalken. (MBB)
April 23, 2007
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ORDER of Detention pending trial as to defendant Roland K. Long. Ordered by Magistrate Judge Thomas D. Thalken.(ADB)
April 23, 2007
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ORDER of Detention pending trial as to defendant Jay C. Butler. Ordered by Magistrate Judge Thomas D. Thalken.(ADB)
May 22, 2007
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ORDER RE: TRIAL PREPARATION (Criminal Jury Trial) as to Defendants Jay C. Butler and Roland K. Long. Ordered by Judge Laurie Smith Camp. (JB)ORDER RE: TRIAL PREPARATION (Criminal Jury Trial) as to Defendants Jay C. Butler and Roland K. Long. Ordered by Judge Laurie Smith Camp. (JB)
June 21, 2007
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ORDER denying without hearing 37 the defendant's Motion to Review Detention and Request for Evidentiary Hearing as to Jay C. Butler (1). Ordered by Magistrate Judge F. A. Gossett.(MKR) Modified on 6/22/2007 to correct typo to reflect motion was denied without hearing (MKR).
July 2, 2007
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PRELIMINARY ORDER OF FORFEITURE sustaining 35 Motion for Preliminary Forfeiture as to Jay C. Butler (1), Roland K. Long (2); based upon Counts V and VI of the Indictment and the Defendants' pleas of guilty, the United States Marshal for the District of Nebraska ("Marshal") is hereby authorized to seize $900.00 in United States currency; the United States Bureau of Alcohol, Tobacco and Firearms for the District of Nebraska (ATF) is hereby authorized to seize a Rossi.22 pump action rifle, serial number H016568; the Defendants' interest in said properties is hereby forfeited to the United States of America for disposition in accordance with the law, subject to the provisions of 21 U.S.C. § 853(n)(1); the aforementioned forfeited properties are to be held by the Marshal and ATF in their secure custody and control; pursuant to 21 U.S.C. § 853(n)(1), the United States forthwith shall publish at least once for three successive weeks in a newspaper of general circulation, in the county where the subject properties are situated, notice of this Order, notice of the United States' intent to dispose of the properties in such manner as the Attorney General may direct, and notice that any person, other than the Defendants, having or claiming a legal interest in any of the subject forfeited properties must file a Petition with the court within thirty (30) days of the final publication of notice or of receipt of actual notice, whichever is earlier; said published notice shall state the Petition referred to in Paragraph E., above, shall be for a hearing to adjudicate the validity of the Petitioner's alleged interest in the properties, shall be signed by the Petitioner under penalty of perjury, and shall set forth the nature and extent of the Petitioner's right, title or interest in the subject properties and any additional facts supporting the Petitioner's claim and the relief sought; the United States may also, to the extent practicable, provide direct written notice to any person known to have alleged an interest in the properties subject to this Order as a substitute for published notice as to those persons so notified; 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.Ordered by Judge Laurie Smith Camp. (certified copy to USM)(CJP)PRELIMINARY ORDER OF FORFEITURE sustaining 35 Motion for Preliminary Forfeiture as to Jay C. Butler (1), Roland K. Long (2); based upon Counts V and VI of the Indictment and the Defendants' pleas of guilty, the United States Marshal for the District of Nebraska ("Marshal") is hereby authorized to seize $900.00 in United States currency; the United States Bureau of Alcohol, Tobacco and Firearms for the District of Nebraska (ATF) is hereby authorized to seize a Rossi.22 pump action rifle, serial number H016568; the Defendants' interest in said properties is hereby forfeited to the United States of America for disposition in accordance with the law, subject to the provisions of 21 U.S.C. § 853(n)(1); the aforementioned forfeited properties are to be held by the Marshal and ATF in their secure custody and control; pursuant to 21 U.S.C. § 853(n)(1), the United States forthwith shall publish at least once for three successive weeks in a newspaper of general circulation, in the county where the subject properties are situated, notice of this Order, notice of the United States' intent to dispose of the properties in such manner as the Attorney General may direct, and notice that any person, other than the Defendants, having or claiming a legal interest in any of the subject forfeited properties must file a Petition with the court within thirty (30) days of the final publication of notice or of receipt of actual notice, whichever is earlier; said published notice shall state the Petition referred to in Paragraph E., above, shall be for a hearing to adjudicate the validity of the Petitioner's alleged interest in the properties, shall be signed by the Petitioner under penalty of perjury, and shall set forth the nature and extent of the Petitioner's right, title or interest in the subject properties and any additional facts supporting the Petitioner's claim and the relief sought; the United States may also, to the extent practicable, provide direct written notice to any person known to have alleged an interest in the properties subject to this Order as a substitute for published notice as to those persons so notified; 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.Ordered by Judge Laurie Smith Camp. (certified copy to USM)(CJP)
August 14, 2007
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TENTATIVE FINDINGS regarding the Presentence Investigation Report as to Defendant Roland K. Long. Ordered by Judge Laurie Smith Camp. (JB)
August 14, 2007
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TENTATIVE FINDINGS regarding the Presentence Investigation Report as to Defendant Jay C. Butler. Ordered by Judge Laurie Smith Camp. (JB)
August 23, 2007
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JUDGMENT as to Jay C. Butler (1), Defendant plead guilty to Counts I, III, V and VI of the Indictment and is committed to the Bureau of Prisons for 144 months on Count I and 120 months on Count III to be served concurrently; 5 years supervised release on Count I and 3 years supervised release on Count III to be served concurrently; $200 special assessment; Count II of the Indictment is dismissed on the motion of the United States as to this defendant only; final order of forfeiture as to Counts V and VI forthcoming; the defendant shall forfeit the defendant's interest in the following property to the United States: $900.00 in U.S. Currency and Rossi.22 rifle, serial #H016568 as to defendant Jay C. Butler. Ordered by Judge Laurie Smith Camp. (4 certified copies to USM) (CJP)
August 28, 2007
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FINAL ORDER OF FORFEITURE sustaining 64 Motion for Final Forfeiture. All right, title and interest in and to the $900.00 in US currency and a Rossi.22 pump action rifle, serial number H016568, held by any person or entity are forever barred and foreclosed.The $900.00 in US currency and a Rossi.22 pump action rifle, serial number H016568 are forfeited to the USA. The US Marshal for the District of Nebraska and the Bureau of Alcohol, Tobacco and Firearms for the District of Nebraska are directed to dispose of said properties in accordance with law as to Jay C. Butler (1) and Roland K. Long (2). Ordered by Judge Laurie Smith Camp. Certified copy to the USM. (JSF)FINAL ORDER OF FORFEITURE sustaining 64 Motion for Final Forfeiture. All right, title and interest in and to the $900.00 in US currency and a Rossi.22 pump action rifle, serial number H016568, held by any person or entity are forever barred and foreclosed.The $900.00 in US currency and a Rossi.22 pump action rifle, serial number H016568 are forfeited to the USA. The US Marshal for the District of Nebraska and the Bureau of Alcohol, Tobacco and Firearms for the District of Nebraska are directed to dispose of said properties in accordance with law as to Jay C. Butler (1) and Roland K. Long (2). Ordered by Judge Laurie Smith Camp. Certified copy to the USM. (JSF)
September 5, 2007
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JUDGMENT as to Roland K. Long (2). Defendant pleaded guilty to Counts I, V, and VI of the Indictment and is committed to the custody of the Bureau of Prisons for a term of 144 months; 5 years supervised release with special conditions; $100 special assessment. Count IV of the Indictment is dismissed on the motion of the United States as to this Defendant only. Final order of forfeiture filed on 08/28/2007 as to Counts V & VI, as to defendant Roland K. Long. Ordered by Judge Laurie Smith Camp. 4 certified copies USM. (JAE, )
April 16, 2008
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ORDER that the motion filed by Assistant Federal Public Defender Julie B. Hansen to allow her to withdraw from further representation of the Defendant 76 is granted; the Federal Public Defender's Office shall appoint a panel attorney pursuant to the previous order of appointment 72 as to Roland K. Long (2). Ordered by Judge Laurie Smith Camp. (CJP)
June 12, 2008
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ORDER that counsel for both parties must submit either simultaneous briefs or a joint stipulation within thirty (30) days from the date of this order, regarding the defendant's motion to reduce sentence pursuant to crack cocaine Amendment 706 71; if the Probation Office has not already submitted a worksheet to the Court and counsel, one will be submitted within thirty (30) days from the date of this order; and the Clerk is directed to e-mail a copy of this Order to the U.S. Probation Office as to defendant Roland K. Long. Ordered by Judge Laurie Smith Camp. (copy mailed as directed)(copy mailed to pro se party (CJP)
August 19, 2008
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ORDER granting 88 Attorney Julie Hansen's Motion to Withdraw as to Jay C. Butler (1). Ordered by Judge Laurie Smith Camp. (Copy mailed to pro se party)( JAE, )
October 6, 2008
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ORDER REGARDING MOTION FOR SENTENCE REDUCTION PURSUANT TO 18:3582(c)(2) - denying 71 and 84 motions to reduce sentence pursuant to crack cocaine Amendment 706. Except as provided above, all provisions of the judgment dated 9/5/07 shall remain in effect for Roland K. Long Ordered by Judge Laurie Smith Camp. (Copy mailed to pro se party) (JSF)
March 12, 2009
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MEMORANDUM AND ORDER that the Court has completed the initial review of the Defendant's Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence (Filing No. 87); Upon initial review, the Court summarily denies the Defendant's claims raised in the § 2255 motion, and the 87 Motion to Vacate (2255) is summarily denied; A separate Judgment will be issued denying the § 2255 motion; and The Clerk is directed to mail a copy of this Memorandum and Order to the Defendant at his last known address as to Jay C. Butler (1). Ordered by Judge Laurie Smith Camp. (Copy mailed to pro se party)( ADB, ) Civil Case 8:08-cv-00372-LSC closed.
March 12, 2009
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JUDGMENT in accordance with the Memorandum and Order 101, IT IS ORDERED: The Court has completed the initial review of the Defendant's Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence (Filing No. 87); Upon initial review, the Court summarily denies the Defendant's claims raised in the § 2255 motion, and the motion (Filing No. 87) is summarily denied; and The Clerk is directed to mail a copy of this Judgment to the Defendant at his last known address as to defendant Jay C. Butler. Ordered by Judge Laurie Smith Camp. (Copy mailed to pro se party)(ADB, )
April 1, 2009
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ORDER REGARDING MOTION FOR SENTENCE REDUCTION PURSUANT TO 18:3582(c)(2) - the Defendant's motion to reduce his sentence as a result of the recent amendments to the crack cocaine sentencing guidelines 96 is denied, as to Jay C. Butler. Ordered by Judge Laurie Smith Camp. (Copy mailed to pro se party)( JAE)
April 11, 2011
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ORDER denying 110 Motion to Reduce Sentence as to Roland K. Long (2). The Clerk is directed to mail a copy of this order to the Defendant at his last known address. Ordered by Judge Laurie Smith Camp. (Copies mailed as directed) (AOA)
March 16, 2012
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ORDER REGARDING MOTION TO REDUCE SENTENCE UNDER 2011 CRACK COCAINE GUIDELINE AMENDMENT - Denying Defendant's 112 motion to reduce sentence under 2011 Crack Cocaine guideline amendment as to Roland K. Long (2). The Clerk is directed to mail a copy of this Order to the Defendant at his last known address. Ordered by Chief Judge Laurie Smith Camp. (Copies mailed as directed) (MKR)
September 4, 2013
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ORDER permitting defendant to proceed in forma pauperis regarding Notice of Appeal to USCA 121 as to defendant Roland K. Long. Ordered by Chief Judge Laurie Smith Camp. (ADB)
November 24, 2014
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MEMORANDUM AND ORDER that the Defendant's pro se motion 138 will be held in abeyance pursuant to General Order No. 2014-09. The Clerk shall provide the Defendant with a copy of this order and General Order No. 2014-09. The Clerk shall also give notice of the entry of this order to the United States Attorney, to the Federal Public Defender, and to the Supervisory United States Probation Officer who handles presentence reports as to defendant Roland K. Long. Ordered by Chief Judge Laurie Smith Camp. (Copy mailed to pro se party and as directed) (JSF)
April 2, 2015
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ORDER granting 146 Motion to Withdraw as Attorney filed by David Stickman as to Roland K. Long (2). No later than May 4, 2015, the parties shall file any objections, stipulations, or other statements regarding the Worksheet. In the event that the parties do not respond by the deadline listed above, the Court will rule, without further notice, on the Dependant's eligibility for a reduction in his sentence pursuant to the information contained in the Worksheet. The Clerk of Court is ordered to mail a copy of this order and copies of Filing Nos. 144 and 145 to the Defendant as his last known address. Ordered by Chief Judge Laurie Smith Camp. (Copy mailed to pro se party as directed) (JSF)
May 12, 2015
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MEMORANDUM AND ORDER that Defendant Roland Long's pro se Motions 138, 150 and 151 seeking retroactive sentence reduction pursuant to 18 U.S.C. § 3852 are denied. Defendant Roland Long's pro se Motion 153 seeking a personal appearance before the Court is also denied. The Clerk will send a copy of this Order to the Defendant at his last known address as to Roland K. Long (2). Ordered by Chief Judge Laurie Smith Camp. (Copy mailed to pro se party) (JSF)
August 20, 2015
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MEMORANDUM AND ORDER that the Defendant's pro se motion 156 will be held in abeyance pursuant to General Order No. 2014-09 and this matter is under review by the Court. The Clerk shall provide the Defendant with a copy of this order and General Order No. 2014-09. The Clerk shall also give notice of the entry of this order to the United States Attorney and to the Federal Public Defender as to defendant Jay C. Butler. Ordered by Chief Judge Laurie Smith Camp. (Copy mailed to pro se party and as directed) (JSF)
August 25, 2015
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ORDER regarding 155 Motion for Copies as to Jay C. Butler. The defendant's Motion Requesting Docket Sheet and Sentencing Transcript 155 is denied. The defendant may contact the Clerk of the District Court to request copies of his docket sheet, and to pay the costs of the same. Ordered by Magistrate Judge F.A. Gossett. (Copy of order mailed to defendant)(SLP)
November 18, 2015
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ORDER REDUCING SENTENCE - USSC Amendment as to Jay C. Butler (1). It's ordered that because the Defendant is classified as a career offender and therefore not eligible for a sentence reduction pursuant to Amendment 782, the Defendant's pro se Motions to Reduce Sentence - USSC Amendment(Filing Nos. 156 and 160) are denied; and the Federal Public Defender's Motion to Withdraw (Filing No. 162) is granted. Ordered by Chief Judge Laurie Smith Camp. (MKR)
March 21, 2017
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ORDER OF DISMISSAL as to defendant Roland K. Long. That the Defendant's Motion to Dismiss his Motion under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody ("§ 2255 Motion"), ECF No. 172, is granted. The § 2255 Motion, ECF No. 165, is dismissed, without prejudice. The Clerk will mail a copy of this Order to the Defendant at the Defendant's last known address. Ordered by Chief Judge Laurie Smith Camp. (Copy mailed to pro se party)(GJG)
April 4, 2017
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MEMORANDUM AND ORDER as to defendant Jay C. Butler (1). That the Court completed initial review of the Defendant's Motion under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody ("§ 2255 Motions"). For the reasons stated above, the § 2255 Motion, ECF No. 169, will be summarily dismissed. A separate Judgment will be entered. The Clerk will mail a copy of this Memorandum and Order to the Defendant at the Defendant's last known address. Ordered by Chief Judge Laurie Smith Camp. (Copy mailed to pro se party)(GJG)
April 4, 2017
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JUDGMENT as to defendant Jay C. Butler. The Court completed initial review of the Defendant's Motion under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody ("§ 2255 Motion"). The § 2255 Motion, ECF No. 169, is summarily dismissed. The Clerk will mail a copy of this Memorandum and Order to the Defendant at the Defendants last known address. Ordered by Chief Judge Laurie Smith Camp. (Copy mailed to pro se party)(GJG)