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07-339 - USA v. Cook


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07-339 - USA v. Cook
October 26, 2007
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ORDER APPOINTING COUNSEL - The Federal Public Defender for the District of Nebraska is appointed to represent the defendant in this matter as to defendant Lawrence Ray Cook. Ordered by Magistrate Judge Thomas D. Thalken. (copy to FPD) (KBJ)
November 8, 2007
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ORDER of Detention pending trial, as to defendant Lawrence Ray Cook. Ordered by Magistrate Judge Thomas D. Thalken. (JAE, )
November 8, 2007
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REPORT AND RECOMMENDATION AND ORDER that defendant's MOTION to Suppress14 be denied in all respects as to defendant Lawrence Ray Cook. 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 10 days after the transcript is availableto counsel for reading in the clerks office. Ordered by Magistrate Judge Thomas D. Thalken. (JAE, )
January 10, 2008
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MEMORANDUM AND ORDER overruling 27 Defendant's Objection to Report and Recommendation ; denying 14 Defendant's Motion to Suppress; adopting 21 Magistrate's Report and Recommendation as to Lawrence Ray Cook (1). Ordered by Chief Judge Joseph F. Bataillon. ( SMS, )
February 7, 2008
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ORDER granting 35 Motion to Seal as to Lawrence Ray Cook Ordered by Magistrate Judge Thomas D. Thalken. ( PCV, )
February 7, 2008
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ORDER granting in part 36 SEALED MOTION. IT IS ORDERED: Cook's motion to continue trial is granted to the extent that Cook shall have until March 21, 2008 in which to obtain a psychiatric evaluation. Trial of this matter scheduled for February 11, 2008 is cancelled and will be rescheduled following the determination of the competency hearing. Competency hearing is set for 9:00a.m. on March 27, 2008. The additional time arising as a result of the granting of the motion, i.e., the time between February 7, 2008 and March 27, 2008 shall be deemed excludable time under the Speedy Trial Act as to Lawrence Ray Cook. Ordered by Magistrate Judge Thomas D. Thalken. ( PCV, )
March 27, 2008
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ORDER APPOINTING COUNSEL - Michael J. Tasset for Lawrence Ray Cook appointed as counsel Michael J. Tasset for the balance of these proceedings pursuant to the Criminal Justice Act. Mr. Maloney shall forthwith provide Mr.Tasset with the discovery materials provided the defendant by the government and such other materials obtained by Mr. Maloney which are material to Cooks defense. The clerk shall provide a copy of this order to Mr. Tasset, and Mr. Tasset shall enter his appearance in this matter forthwith.as to defendant(s) Lawrence Ray Cook Ordered by Magistrate Judge Thomas D. Thalken. (Copies mailed as directed)(PCV, )
February 12, 2009
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ORDER TO WITHDRAW EXHIBITS - Pursuant to NECivR 79.1(f) or NECrimR 55.1(g), counsel for parties are ordered to withdraw the exhibits previously submitted in this matter within 15 calendar days of the date of this order as to defendant(s) Lawrence Ray Cook. Ordered by Chief Judge Joseph F. Bataillon. (TJS )
March 30, 2009
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SENTENCING MEMORANDUM that a Judgment and Commitment and a Statement of Reasons in conformity with this sentencing memorandum will issue this date as to defendant Lawrence Ray Cook. Ordered by Chief Judge Joseph F. Bataillon. (copy mailed to pro se party)(CJP)
March 30, 2009
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JUDGMENT as to Lawrence Ray Cook (1), Defendant was found guilty on Count I of the Indictment after a plea of not guilty and is committed to the Bureau of Prisons for 204 months; 5 years supervised release with special conditions; $100 special assessment; Count II of the Indictment is dismissed as to defendant Lawrence Ray Cook. Ordered by Chief Judge Joseph F. Bataillon. (4 certified copies to USM)(copy mailed to pro se party) (CJP)
March 31, 2009
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ORDER that a hearing will be held on the defendant's pro se motion to represent himself on appeal 100 on April 9, 2009, at 3:00 p.m., in Courtroom No. 3, Roman L. Hruska U.S. Courthouse, 111 South 18th Plaza, Omaha,Nebraska; the defendant will not appear in person at the hearing; if the defendant wishes to participate telephonically, his attorney must arrange this through the Bureau of Prisons and notify chambers 24 hours before the hearing of the phone number and contact person for this hearing as to defendant Lawrence Ray Cook. Ordered by Chief Judge Joseph F. Bataillon. (copy mailed to pro se party)(CJP)
April 20, 2009
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ORDER that the defendant is permitted to proceed on appeal in forma pauperis regarding Notice of Appeal to USCA 96 as to defendant Lawrence Ray Cook. Ordered by Chief Judge Joseph F. Bataillon. (Copy mailed to pro se party)(JAE)
July 2, 2010
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ORDER that defendant's motion to return his firearm, Filing No. 125, is denied as to Lawrence Ray Cook. Ordered by Chief Judge Joseph F. Bataillon. (Copy mailed to pro se party)( TCL )
June 21, 2011
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ORDER - On initial review, the court finds that summary dismissal is not appropriate. The United States shall file an answer to the defendant's § 2255 motion, Filing No. 129, and motion for new trial based on newly discovered evidence, Filing No. 130, within 21 days of the date of this order as to defendant Lawrence Ray Cook. Ordered by Chief Judge Joseph F. Bataillon. (Copy mailed to pro se party)(TCL )
July 24, 2012
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MEMORANDM AND ORDER that the defendant's Motion and Amended Motions to Vacate, Set Aside, or Correction Sentence 129, 138 and 140 are denied. The defendant's Motion for Order to Release Immediately 139 is denied. The defendant's Motion for New Trial 130 is denied as to Lawrence Ray Cook (1). Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party) (JSF) Civil Case 8:10-cv-00363-JFB closed.
August 10, 2012
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ORDER denying 143 Motion for Certificate of Appealability as to Lawrence Ray Cook (1). Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party)(ADB)
October 16, 2012
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ORDER - IT IS ORDERED that defendant Lawrence Ray Cook may proceed in forma pauperis on appeal as to defendant Lawrence Ray Cook. Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party)(TCL )
September 9, 2013
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ORDER - IT IS ORDERED: 1. Lawrence Ray Cook, is ordered to pay to the Clerk of Court the amount of $18.65 for the additional cost of the prepared transcript. 2. Upon receipt of this fee, the Court Reporter is ordered to mail a paper copy of the transcript to the requestor. A copy of this order should also be mailed to the requestor as to defendant Lawrence Ray Cook. Ordered by Magistrate Judge Thomas D. Thalken. (Copy mailed to pro se party and Financial)(TCL)
September 26, 2014
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ORDER - IT IS ORDERED: The defendant's request for copies (Filing No. 180) is denied as to Lawrence Ray Cook. Ordered by Magistrate Judge Thomas D. Thalken. ( TCL)
January 7, 2016
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ORDER - IT IS ORDERED: The motion to withdraw as attorney, Filing No. 188, is granted. Michael F. Maloney and the Office of the Federal Public Defender are deemed withdrawn from further representation as to defendant Lawrence Ray Cook. The Court will appoint new counsel in this case contemporaneously with this Order as to Lawrence Ray Cook. Ordered by Senior Judge Joseph F. Bataillon. (Copy mailed to pro se party)( TCL)
January 7, 2016
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VACATED - ORDER - IT IS ORDERED: Stuart J. Dornan, 1403 Farnam Street, Suite 232, Omaha, Nebraska 68102, (402) 884-7044, is appointed to represent Lawrence Ray Cook for the balance of these proceedings. Mr. Dornan shall file an appearance in this matter forthwith. IT IS FURTHER ORDERED that the Clerk shall provide a copy of this order to Mr. Dornan and the Office of the Federal Public Defender for the District of Nebraska as to defendant Lawrence Ray Cook. Ordered by Senior Judge Joseph F. Bataillon. (Copy mailed to pro se party)(TCL) Modified on 6/1/2016 to vacate per order 192 (ADB, ).
June 1, 2016
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ORDER that Movant's motion (Filing No. 186) is denied without prejudice. The Clerk of Court is directed to transmit the pleading (Filing No. 186) to the United States Court of Appeals for the Eighth Circuit for filing. General Order No. 2015-03 (Filing No. 187), and the court's order dated January 7, 2016 (Filing No. 190) are hereby vacated as applied to the Movant only as to Lawrence Ray Cook (1). Ordered by Senior Judge Joseph F. Bataillon. (Copy mailed to pro se party) (copy of order and motion 186 electronically transmitted to 8th Circuit Court of Appeals)(ADB)
June 8, 2016
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ORDER that defendant's 195 Motion to Vacate (2255 Johnson) is denied without prejudice. The Clerk of Court is directed to transmit the pleading (Filing No. 195) to the United States Court of Appeals for the Eighth Circuit for filing as to Lawrence Ray Cook (1). Ordered by Senior Judge Joseph F. Bataillon. (Copy mailed to pro se party) (copy transmitted electronically to 8th Circuit)(ADB)
January 23, 2017
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ORDER - THEREFORE, IT IS ORDERED: On initial review, the court finds that summary dismissal is not appropriate. The United States shall file an answer to the defendant's § 2255 motion within 21 days of the date of this order as to defendant Lawrence Ray Cook. Ordered by Senior Judge Joseph F. Bataillon. (Copy mailed to pro se party)(TCL)
May 25, 2017
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MEMORANDUM AND ORDER that the defendant's motions to vacate, set aside, or correct his sentence under 28 U.S.C. § 2255 (Filing No. 197 and Filing No. 199) are granted. The defendant is sentenced to a term of imprisonment of one hundred-twenty (120) months, followed by a three (3) year term of supervised release. An Amended Judgment in conformity with this Memorandum and Order will issue this date as to Lawrence Ray Cook (1). Ordered by Senior Judge Joseph F. Bataillon. (Copies mailed to defendant) (ADB)
May 25, 2017
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AMENDED JUDGMENT per Johnson v. United States, 135 S.Ct. 2551, 2557 (2015) as to Lawrence Ray Cook (1), Count 1 - Defendant was found guilty on Count I of the Indictment after a plea of not guilty and is committed to the Bureau of Prisons for 120 months; 3 years supervised release with special conditions; $100 special assessment. Count 2 - Defendant's oral motion for judgment of acquittal is granted as to defendant Lawrence Ray Cook. Ordered by Senior Judge Joseph F. Bataillon. (1 Certified copy to USM)(copy mailed to defendant) (ADB)
August 25, 2017
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ORDER TO DESTROY: Counsel for the defendant notified the court on August 23, 2017 that counsel wishes the following exhibits held by the court in this matter to be destroyed:Defendant's Sentencing Exhibit from hearing held 2/11/2009. Pursuant NECivR 79.1(f) or NECrimR 55.1(g), if counsel fails to show cause why the exhibits should not be destroyed, the clerks office is directed to destroy the above-listed exhibits 14 days from the date of this order as to defendant Lawrence Ray Cook. Ordered by Senior Judge Joseph F. Bataillon. (ADB)