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07-397 - USA v. Pierce et al


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07-397 - USA v. Pierce et al
November 20, 2007
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ORDER APPOINTING COUNSEL - Adam J. Sipple appointed as counsel for the defendant Carver R. Pierce. Ordered by Magistrate Judge F. A. Gossett. (MLF, )
November 20, 2007
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ORDER APPOINTING COUNSEL - The Federal Public Defender appointed as counsel for the defendant Dana Adviento. Ordered by Magistrate Judge F. A. Gossett. (MLF, )
November 21, 2007
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ORDER of Detention pending trial as to defendant Carver R. Pierce. Ordered by Magistrate Judge F. A. Gossett. (Copy to USA and defendants counsel)(MLF, )
November 21, 2007
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ORDER of Detention pending trial as to defendant Dana Adviento. Ordered by Magistrate Judge F. A. Gossett. (1 Certified copy to USM)(MLF, )
December 11, 2007
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ORDER granting 18 Motion to Extend Time in Which to File Pretrial Motions as to Dana Adviento. Pretrial motions shall be filed on or before December 28, 2007. Defendant is ordered to file a waiver of speedy trial as soon as practicable. The time between December 10, 2007 and December 28, 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, )
January 11, 2008
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ORDER RE: TRIAL PREPARATION (Criminal Jury Trial) as to Defendants Carver R. Pierce and Dana Adviento. Ordered by Judge Laurie Smith Camp. (JB)ORDER RE: TRIAL PREPARATION (Criminal Jury Trial) as to Defendants Carver R. Pierce and Dana Adviento. Ordered by Judge Laurie Smith Camp. (JB)
March 28, 2008
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ORDER - The request for a psychiatric evaluation of the Defendant is granted; The motion to determine mental competency (Filing No. 29) is held inabeyance; The Clerk shall restore the motion to determine the Defendants mental competency (Filing No. 29) as a pending motion; The Court designates the local evaluator agreed upon by the parties, and defense counsel has represented to the Court that the parties have so agreed; The evaluator must prepare a psychiatric or psychological report at the conclusion of the evaluation that complies with 18 U.S.C. § 4247(c); Defense counsel shall deliver (not file) a copy of the report to the Court and opposing counsel immediately upon its receipt; and Upon receipt of the report by the Court, the Court will promptly schedule a hearing pursuant to 18 U.S.C. § 4247(d) to determine the Defendants competency to stand trial as to defendant Dana Adviento. Ordered by Judge Laurie Smith Camp. (MKR)
May 9, 2008
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PRELIMINARY ORDER OF FORFEITURE - The United States' Motion for Issuance of Preliminary Order of Forfeiture 47 is hereby sustained. Based upon Count VI of the Indictment and the Defendants pleas of guilty, the United States is hereby authorized to seize the $205.00 in United States currency. The Defendants' interest in said property is hereby forfeited to the United States for disposition in accordance with the law. 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 Final Order of Forfeiture pursuant to 21 U.S.C. § 853(n), in which all interests will be addressed, as to defendants Carver Pierce and Dana Adviento. Ordered by Judge Laurie Smith Camp. (1 Certified copy to USM)( JAE, )PRELIMINARY ORDER OF FORFEITURE - The United States' Motion for Issuance of Preliminary Order of Forfeiture 47 is hereby sustained. Based upon Count VI of the Indictment and the Defendants pleas of guilty, the United States is hereby authorized to seize the $205.00 in United States currency. The Defendants' interest in said property is hereby forfeited to the United States for disposition in accordance with the law. 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 Final Order of Forfeiture pursuant to 21 U.S.C. § 853(n), in which all interests will be addressed, as to defendants Carver Pierce and Dana Adviento. Ordered by Judge Laurie Smith Camp. (1 Certified copy to USM)( JAE, )
May 13, 2008
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TENTATIVE FINDINGS regarding the Revised Presentence Investigation Report as to Defendant Carver R. Pierce. Ordered by Judge Laurie Smith Camp. (JB)
May 20, 2008
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JUDGMENT as to Carver R. Pierce. The defendant plead guilty to Counts I, V, and VI of the Indictment and is sentenced to the custody of the Bureau of Prisons for 77 months; and shall be given credit for time served in State custody from 10/15/07 and 5/9/08 and time spent in Federal custody. Supervised Release of 5 years with special conditions; $100.00 Special Assessment due and payable immediately. Counts II and III are dismissed on the motion of the government as to this defendant only. Final Order of Forfeiture as to Counts V and VI forthcoming as to defendant Carver R. Pierce. Ordered by Judge Laurie Smith Camp. (4 Certified copies to USM)(KBJ)
July 7, 2008
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TENTATIVE FINDINGS regarding the Revised Presentence Investigation Report as to Defendant Dana Adviento. Ordered by Judge Laurie Smith Camp. (JB)
July 24, 2008
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FINAL ORDER OF FORFEITURE- The Plaintiff's 61 Motion for Final Forfeiture is sustained as to Carver R. Pierce (1) and Dana Adviento (2). All right, title and interest in and to the $205.00 in US Currency is forever barred, foreclosed and forfeited to the United States of America. The United States Marshal for the District of Nebraska is directed to dispose of said property in accordance with law. Ordered by Judge Laurie Smith Camp. (1 Certified copy to USM)(MKR) Modified on 7/29/2008 to correct typo (MKR, ).FINAL ORDER OF FORFEITURE- The Plaintiff's 61 Motion for Final Forfeiture is sustained as to Carver R. Pierce (1) and Dana Adviento (2). All right, title and interest in and to the $205.00 in US Currency is forever barred, foreclosed and forfeited to the United States of America. The United States Marshal for the District of Nebraska is directed to dispose of said property in accordance with law. Ordered by Judge Laurie Smith Camp. (1 Certified copy to USM)(MKR) Modified on 7/29/2008 to correct typo (MKR, ).
July 31, 2008
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JUDGMENT as to Dana Adviento (2). The defendant pleaded guilty to counts I and VI of the Indictment and is sentenced to 188 months in the Bureau of Prisons followed by 5 years of supervised release with standard and special conditions of supervision. Special Assessment in the amount of $100.00 and defendant shall forfeit interest in the following property to the United States: $205.00 in U.S. Currency as described in Count VI of the Indictment; Count(s) 2, 3, 4, 5, Dismissed on the motion of the United States as to this defendant only., Dana Adviento dismissed, Criminal Case Terminated as to defendant(s) Dana Adviento Ordered by Judge Laurie Smith Camp. (4 Certified copies to USM)(PCV, )
June 16, 2009
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MEMORANDUM AND ORDER dismissing 66 Motion to Vacate (2255) as to Dana Adviento (2); denying as moot 67 Motion for Leave to Proceed In Forma Pauperis. 1. The Court has completed the initial review of the Defendants Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence by a Person in FederalCustody (Filing No. 66); 2. Upon initial review, the Court summarily dismisses the Defendant's claims raised in the § 2255 motion; 3. The Defendants motion for leave to proceed in pauperis (Filing No. 67) is denied as moot; 4. A separate Judgment will be issued denying the § 2255 motion; and 5. The Clerk is directed to mail a copy of this memorandum and order to theDefendant at his last-known address. Ordered by Judge Laurie Smith Camp. ( PCV, ) (copy of order mailed as directed) Civil Case 8:09-cv-00178-LSC closed.
June 16, 2009
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JUDGMENT regarding Order on Motion to Vacate (2255)66, Order on Motion for Leave to Proceed In Forma Pauperis, 67. IT IS ORDERED:1. The Court has completed the initial review of the Defendants Motion Under28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence by a Person in FederalCustody (Filing No. 66);2. Upon initial review, the Court summarily dismisses the Defendant's claimsraised in the § 2255 motion;3. The Defendants motion for leave to proceed in pauperis (Filing No. 67) isdenied as moot; and4. The Clerk is directed to mail a copy of this judgment to the Defendant at hislast-known address.as to defendant(s) Dana Adviento Ordered by Judge Laurie Smith Camp. (Copies mailed as directed)(PCV, )
November 28, 2011
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ORDER REGARDING MOTION TO REDUCE SENTENCE UNDER 2011 CRACK COCAINE GUIDELINE AMENDMENT - granting 73 motion to reduce sentence under 2011 Crack Cocaine guideline amendment and Stipulation, filing 74 as to Carver R. Pierce. Defendant's previously imposed sentence of imprisonment of 77 months is reduced to 60 months. Except as provided above, all provisions of the judgment dated 5/20/2008 shall remain in effect. Effective date: 11/28/2011. Ordered by Judge Laurie Smith Camp. (1 Certified copy to USM)(GJG)
June 23, 2017
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MEMORANDUM AND ORDER that Defendant's Motions to Vacate and Correct Sentence under 28 U.S.C. § 2255, ECF Nos. 81 and 84, are denied as to Dana Adviento. A separate Judgment will be issued. Ordered by Chief Judge Laurie Smith Camp. (Copy mailed to pro se party) (LAC)
June 23, 2017
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JUDGMENT - Defendant's Motions to Vacate and Correct Sentence under 28 U.S.C. § 2255, ECF Nos. 81 and 84, are denied as to defendant Dana Adviento. Ordered by Chief Judge Laurie Smith Camp. (Copy mailed to pro se party) (LAC)
April 25, 2018
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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 Carver R. Pierce. Ordered by Magistrate Judge Michael D. Nelson. (SLP)
May 8, 2018
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ORDER regarding AMENDED PETITION FOR OFFENDER UNDER SUPERVISION 96 as to defendant Carver R. Pierce. A final dispositional hearing will be held before Chief Judge Smith Camp in Courtroom No. 2, Third Floor, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, Nebraska, on June 14, 2018, at 2:00 p.m. Defendant must be present in person. Ordered by Magistrate Judge Michael D. Nelson. (SLP)