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07-248 - USA v. Lopez-Diaz


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07-248 - USA v. Lopez-Diaz
July 26, 2007
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ORDER APPOINTING COUNSEL as to defendant Prisco Lopez-Diaz - Michael D. Nelson is appointed to represent the defendant. Ordered by Magistrate Judge Thomas D. Thalken. (MBB)
August 1, 2007
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ORDER of Detention pending trial as to defendant(s) Prisco Lopez-Diaz Ordered by Magistrate Judge Thomas D. Thalken.(PCV, )
August 23, 2007
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ORDER granting 14 Motion to Extend Time as to Prisco Lopez-Diaz (1). Pretrial Motion Deadline set for 8/29/2007. The time between August 15, 20071 and August 29, 2007, shall be deemed excludable time in any computation of time under the requirement of the Speedy Trial ActOrdered by Magistrate Judge Thomas D. Thalken.(JAE, ) Modified on 8/23/2007 to add excludable time text. (JAE, ).
September 12, 2007
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REPORT AND RECOMMENDATION - IT IS RECOMMENDED to the Honorable Lyle E. Strom, Senior United States District Judge, that the MOTION to Suppress 17 be denied in all respects. FURTHER, IT IS ORDERED: The clerk shall cause an expedited transcript of the hearing to be prepared and filed. 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 for reading in the clerks office. 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. as to defendant(s) Prisco Lopez-Diaz Ordered by Magistrate Judge Thomas D. Thalken.(PCV, )
October 4, 2007
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ORDER denying 17 motion to suppress as to Prisco Lopez-Diaz (1); approving and adopting 23 Report and Recommendations as to Prisco Lopez-Diaz (1). Trial is scheduled for December 10, 2007, at 9 a.m. Additional time between October 4, 2007, and December 10, 2007, shall be deemed excludable under the requirement of the speedy trial act. Ordered by Judge Lyle E. Strom. (JDR)
November 30, 2007
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ORDER conditionally granting 28 motion to continue as to Prisco Lopez-Diaz (1) - Jury Trial set for 1/7/2008 09:00 AM in Courtroom 5 (Omaha) before Senior Judge Lyle E. Strom. Defendant shall file a written waiver of speedy trial. Additional time between December 10, 2007, and January 7, 2008, shall be deemed excludable under the requirement of the speedy trial act. Ordered by Judge Lyle E. Strom. (JDR)
January 9, 2008
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MEMORANDUM AND ORDER that as soon as possible, but not later than ten (10) days after a verdict has been rendered, all exhibits, whether offered by the United States or the defendant, shall be withdrawn from the clerk by the attorney who offered the exhibits as to defendant Prisco Lopez-Diaz. Ordered by Senior Judge Lyle E. Strom. (CJP)
January 11, 2008
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PRELIMINARY ORDER FORFEITURE - The United States' Motion for Issuance of Preliminary Order of Forfeiture 49 is hereby sustained, as to Prisco Lopez-Diaz (1). Based upon Count II of the Indictment and the guilty verdict, the United States is hereby authorized to seize the $5,505.00 in United States currency. The 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). The aforementioned forfeited property is 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 FinalOrder of Forfeiture pursuant to 21 U.S.C. § 853(n), in which all interests will be addressed. Ordered by Senior Judge Lyle E. Strom. (1 Certified copy to USM)( JAE, )
January 11, 2008
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ORDER denying 48 motion for new trial as to Prisco Lopez-Diaz (1) and denying all motions to dismiss made at the conclusion of the government's case in chief and at the conclusion of defendant's evidence. Ordered by Senior Judge Lyle E. Strom. (JDR)
April 7, 2008
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ORDER granting 57 motion to continue as to Prisco Lopez-Diaz (1) - Sentencing set for 4/8/2008 11:00 AM in Courtroom 5 - Omaha before Senior Judge Lyle E. Strom. Ordered by Senior Judge Lyle E. Strom. (JDR)
April 9, 2008
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FINAL ORDER OF FORFEITURE that plaintiff's motion for final order of forfeiture 56 is hereby sustained; all right, title and interest in and to the $5,505.00 in United States currency, held by any person or entity, is hereby forever barred and foreclosed; the $5,505.00 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 disposeof said property in accordance with law as to Prisco Lopez-Diaz (1). Ordered by Senior Judge Lyle E. Strom. (1 certified copy to USM)( CJP)
April 10, 2008
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JUDGMENT as to Prisco Lopez-Diaz (1), Defendant was found guilty on Counts I and II of the Indictment after a plea of not guilty and is committed to the Bureau of Prisons for 27 months; 3 years supervised release with special conditions; $100 special assessment; final order of forfeiture as to Count II forthcoming; the defendant shall forfeit the defendant's interest in the following property to the United States: $5,505 in United States currency, Criminal Case Terminated as to defendant Prisco Lopez-Diaz. Ordered by Senior Judge Lyle E. Strom. (4 Certified copies to USM)(CJP)
September 12, 2008
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ORDER TO WITHDRAW PLAINTIFF'S EXHIBITS OR TO SHOW CAUSE WHY EXHIBITS SHOULD NOT BE DESTROYED as to defendant Prisco Lopez-Diaz. Ordered by Senior Judge Lyle E. Strom. (CJP)