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07-152 - USA v. McCarther


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07-152 - USA v. McCarther
May 10, 2007
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ORDER of Detention pending trial as to defendant(s) Bobby T. McCarther Ordered by Magistrate Judge Thomas D. Thalken.(PCV, )
May 21, 2007
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ORDER granting 11 Motion to Withdraw as Attorney as to Bobby T. McCarther. The appearance of J. William Gallup is hereby deemed withdrawn. The provisions and deadlines set in the case progression order 7 remain in effect. Ordered by Magistrate Judge F. A. Gossett.(MLF, )
May 22, 2007
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ORDER granting 14 Motion to Continue Date of Discovery as to Bobby T. McCarther. The deadline for providing discovery is extended to May 24, 2007. The deadline for filing pretrial motions is extended to June 6, 2007. The time between May 30, 2007 and June 6, 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, )
June 22, 2007
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ORDER granting in part 26 Motion to Extend Deadline as to Bobby T. McCarther (1). Pretrial Motion Deadline extended to 7/16/2007. The time between 6/25/2007 and 7/16/2007 is excluded under the Speedy Trial Act. Ordered by Magistrate Judge F. A. Gossett. (CLS, )
July 18, 2007
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ORDER granting 32 Motion to Extend Time to Respond as to Bobby T. McCarther. The government's response to the defendant's Motion for Bill of Particulars shall be due on or before August 10, 2007. Ordered by Magistrate Judge F. A. Gossett.(MLF, )
November 28, 2007
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ORDER holding in abeyance 43 Government's motion for preliminary forfeiture pending disposition of the Second Superseding Indictment as to Bobby T. McCarther (1). Ordered by Judge Laurie Smith Camp. (JB)
December 14, 2007
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ORDER granting 62 Motion for Enlargement of Time to File Pretrial Motions as to Bobby T. McCarther. Pretrial motions shall be filed on or before January 7, 2008. Defendant is ordered to file a waiver of speedy trial as soon as practicable. The time between December 18, 2007 and January 7, 2008, 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, )
January 8, 2008
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ORDER granting 75 Motion to Extend as to Bobby T. McCarther. The government shall filed their response to defendant's Motion for Bill of Particulars 65, Motion to Compel Disclosure of Informants 67, Motion to Sever Charges 69 and Motion to Suppress Search and Statement 71 on or before January 30, 2008. Ordered by Magistrate Judge F. A. Gossett. ( MLF, )
February 26, 2008
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REPORT AND RECOMMENDATION that the Motion for Bill of Particulars 65, Motion to Compel Disclosure of Informants 67, Motion to Sever Charges 69 and Motion to Suppress Search and Statement 71 be denied in all respects as to defendant Bobby T. McCarther. Pursuant to NECrimR 57.3, any objection to this Report and Recommendation shall be filed with the Clerk of the Court within ten (10) days after the transcript is available to counsel. Failure to timely object may constitute a waiver of any such objection. The brief in support of any objection shall be filed at the time of filing such objection. Failure to file a brief in support of any objection may be deemed an abandonment of the objection. Ordered by Magistrate Judge F. A. Gossett. (MLF, )
April 4, 2008
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ORDER adopting 85 the Magistrate Judge's Report and Recommendation in its entirety; denying 88 the Defendant's objections to the Report and Recommendation; and denying the following motions filed by the Defendant, Bobby T. McCarther: 65 for a bill of particulars, 67 to compel the disclosure of informants, 69 to sever, and 71 to suppress the search of his residence and statements; and the Defendant's request for oral argument is denied as to Defendant Bobby T. McCarther. Ordered by Judge Laurie Smith Camp. (JB)
April 22, 2008
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ORDER RE: TRIAL PREPARATION (Criminal Jury Trial) as to Defendant Bobby T. McCarther. Ordered by Judge Laurie Smith Camp. (JB)
May 9, 2008
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PRELIMINARY ORDER OF FORFEITURE - The United States' Motion for Issuance of Preliminary Order of Forfeiture 107 is granted. The United States' Motion for Issuance of Preliminary Order of Forfeiture 43 is denied as moot. Based on Counts I, VI, VII and VIII of the Second Superseding Indictment andthe Defendant's plea of guilty, the United States is hereby authorized to seize the 1970 Chevrolet Impala, VIN 164690J169808, the $38,775.00 in United States currency and the.357 Magnum Dan Wesson revolver, serial no. 163902. The Defendant's interest in those properties is hereby forfeited to the UnitedStates for disposition in accordance with the law. The aforementioned forfeited properties are to be held by the United States in its secure custody and control. Upon adjudication of all third-party interests, this Court will enter a Final Order of Forfeiture pursuant to 21 U.S.C. ยง 853(n), in which all interests will be addressed, as to Bobby T. McCarther (1). Ordered by Judge Laurie Smith Camp. (1 Certified copy to USM)( JAE, )
July 17, 2008
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TENTATIVE FINDINGS regarding the Revised Presentence Investigation Report as to Defendant Bobby T. McCarther Ordered by Judge Laurie Smith Camp. (JB)
July 24, 2008
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FINAL ORDER OF FORFEITURE - sustaining 113 Motion for Final Forfeiture; all right, title and interest in and to the 1970 Chevrolet Impala, VIN 164690J169808, $38,775.00 in United States currency and the.357 Magnum DanWesson revolver, serial no. 163902, held by any person or entity, is hereby forever barred and foreclosed; the 1970 Chevrolet Impala, VIN 164690J169808, $38,775.00 in United States currency and the.357 Magnum Dan Wesson revolver, serial no. 163902, be, and the same hereby are, forfeited to the United States of America; the United States Marshal for the District of Nebraska is directed to dispose of said properties in accordance with law as to Bobby T. McCarther (1). Ordered by Judge Laurie Smith Camp. (1 certified copy to USM)(CJP)
July 31, 2008
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AMENDED TENTATIVE FINDINGS regarding the Revised Presentence Investigation Report as to Defendant Bobby T. McCarther. Ordered by Judge Laurie Smith Camp. (JB)
August 1, 2008
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SECOND AMENDED TENTATIVE FINDINGS regarding the Revised Presentence Investigation Report as to Defendant Bobby T. McCarther. Ordered by Judge Laurie Smith Camp. (JB)
August 28, 2008
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JUDGMENT as to Bobby T. McCarther (1), Defendant plead guilty to Counts I, VI, VII and VIII of the Second Superseding Indictment and is committed to the Bureau of Prisons for a term of life; 10 years supervised release with special conditions; $100 special assessment; the Indictment, Superseding Indictment and Counts II, III, IV and V of the Second Superseding Indictment are dismissed on the motion of the United States as to this Defendant only; final order of forfeiture filed on 07/28/2008 as to Counts VIss, VIIss and VIIIss; the defendant shall forfeit the defendant's interest in the following property to the United States: $38,775.00 in U.S. Currency, 1970 Chevrolet Impala &.357 Dan Wesson revolver as to defendant Bobby T. McCarther. Ordered by Judge Laurie Smith Camp. (4 certified copies to USM)(CJP)
September 12, 2008
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ORDER - The Clerk is directed to file a notice of appeal in Mr. McCarthers behalf regarding Judgment 128. If an extension of time is necessary for the Clerk to file a notice of appeal, the time is extended as necessary not to exceed 30 days from today's date, as to defendant Bobby T. McCarther. The Clerk is directed to mail a copy of this order and the notice of appeal to Mr. McCarther at his last known address, # 21576-047, CCA Leavenworth,100 Highway Terrace, Leavenworth, KS 66048. Ordered by Judge Laurie Smith Camp. (Copies mailed as directed)(JAE, )
September 12, 2008
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ORDER that the defendant is permitted to proceed on appeal in forma pauperis regarding Notice of Appeal to USCA133 as to defendant Bobby T. McCarther. Ordered by Judge Laurie Smith Camp. (Copy mailed to pro se party)(JAE, )