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07-147 - USA v. Dean


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07-147 - USA v. Dean
June 19, 2007
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ORDER sustaining 15 Motion for Writ of Entry as to James R. Dean (1). The United States Marshals Service is hereby authorized to take the following action listed in the Writ of Entry on Wednesday, June 27, 2007, at 10:00 am. The Defendant, James Dean, and his attorney, James M. Davis, shall be present during the Marshal Services inspection of the property. Any interference with anyone acting under the authority of this Writ of Entry shall be deemed a violation of a Court order and may be punished as contempt as a provided by law. Ordered by Magistrate Judge F. A. Gossett. 2 certified copies USM. (JAE, ).
August 13, 2007
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ORDER granting 18 Motion to Continue as to James R. Dean; Trial of this matter is re-scheduled for October 15, 2007, before Chief JudgeJoseph F. Bataillon and a jury. The ends of justice have been served by granting suchmotion and outweigh the interests of the public and the defendant in a speedy trial. Theadditional time arising as a result of the granting of the motion, i.e., the time betweenAugust 13, 2007 and October 15, 2007, shall be deemed excludable time in anycomputation of time under the requirement of the Speedy Trial Act for the reason thatdefendants' counsel require additional time to adequately prepare the case. The failure togrant additional time might result in a miscarriage of justice. 18 U.S.C. ยง 3161(h)(8)(A) &(B).Jury Trial set for 10/15/2007 at 09:00 AM before Chief Judge Joseph F. Bataillon. Ordered by Magistrate Judge Thomas D. Thalken.(PCV, )
March 10, 2008
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PRELIMINARY ORDER OF FORFEITURE granting 33 Motion for Preliminary Forfeiture as to James R. Dean (1). Ordered by Chief Judge Joseph F. Bataillon. (1 Certified copy to USM)( ADB, )
March 14, 2008
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JUDGMENT - The defendant pleaded guilty to counts I and II of the Superseding Indictment and is sentenced to 24 months in the Bureau of Prisons followed by 3 years of Supervised Release with Standard and Special conditions; a Special Assessment in the amount of $100.00 is due immediately. Defendant shall forfeit any interest in the property described in the forfeiture count to the United States. Final order of forfeiture as to Count II is forthcoming. The Indictment is dismissed on the the motion of the Government as to this defendant only. The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons. James R. Dean dismissed, Criminal Case Terminated as to defendant(s) James R. Dean Ordered by Chief Judge Joseph F. Bataillon. (4 Certified copies to USM)(PCV, ) Modified on 3/18/2008 to reflect the original Indicment is dismissed (PCV, ).
May 9, 2008
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ORDER granting 42 Stipulation as to James R. Dean (1); Based upon the United States' receipt of $125,000.00 from James Dean, the part of the Preliminary Order of Forfeiture which directed the United States to seize the real property at 4951 South 46th Avenue, Omaha, NE, is vacated. Additionally, the part of the Preliminary Order of Forfeiture which forfeited Mr. Dean's interest in said real property to the United States is also vacated. This forfieture action will proceed agaisnt the $125,000.00 in lieu of said real property. Ordered by Chief Judge Joseph F. Bataillon. (Copy mailed to defendant; 1 certified copy to USM)( ADB )
May 21, 2008
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ORDER sustaining 44 Motion for Final Forfeiture. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED as follows: A. The Plaintiffs Motion for Final Order of Forfeiture is hereby sustained. B. All right, title and interest in and to the $125,000.00, held by any person or entity, is hereby forever barred and foreclosed. C. The $125,000.00, be, and the same hereby is, forfeited to the United States of America. D. The United States Marshals Service for the District of Nebraska is directed to dispose of said property in accordance with law as to James R. Dean. Ordered by Chief Judge Joseph F. Bataillon. (1 Certified copy to USM)( PCV, )