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08-057 - USA v. Nespor


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08-057 - USA v. Nespor
April 15, 2008
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ORDER granting 11 Motion to Extend. IT IS ORDERED:1. Defendant Nespors motion for an extension of time 11 is granted. Nespor is given until on or before May 12, 2008, in which to file pretrial motions. The ends of justice have been served by granting such motion and outweigh the interests of the public and the defendant in a speedy trial. The additional time arising as a result of the granting of the motion, i.e., the time between April 15, 2008 and May 12, 2008, shall be deemed excludable time in any computation of time under the requirement of the SpeedyTrial Act for the reason defendant's counsel requires additional time to adequately prepare the case, taking into consideration due diligence of counsel, and the novelty and complexity of this case. The failure to grant additional time might result in a miscarriage of justice. 18U.S.C. § 3161(h)(8)(A)&(B). 2. Trial of this matter scheduled for May 19, 2008, is continued sine die and willbe rescheduled following the disposition of any pretrial motions as to Andrew Nespor (1) Pretrial Motion Deadline set for 5/12/2008. Ordered by Magistrate Judge Thomas D. Thalken. ( PCV, )
April 21, 2008
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ORDER APPOINTING COUNSEL - the Federal Public Defender appointed as counsel as to defendant Andrew Nespor. Ordered by Magistrate Judge Thomas D. Thalken. (ADB)
May 20, 2008
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ORDER RE: TRIAL PREPARATION (Criminal Jury Trial) as to Defendant Andrew Nespor. Ordered by Judge Laurie Smith Camp. (JB)
August 5, 2008
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PRELIMINARY ORDER OF FORFEITURE that the United States' Motion for Issuance of Preliminary Order of Forfeiture 33 is hereby sustained; based upon Count V of the Indictment and the Defendant's plea of guilty, the United States is hereby authorized to seize the $1,471.00 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 Final Order of Forfeiture pursuant to 21 U.S.C. § 853(n), in which all interests will be addressed as to Andrew Nespor (1) Ordered by Judge Laurie Smith Camp. (1 certified copy to USM)( CJP)
September 12, 2008
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TENTATIVE FINDINGS regarding the Presentence Investigation Report as to Defendant Andrew Nespor. Ordered by Judge Laurie Smith Camp. (JB)
September 26, 2008
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FINAL ORDER OF FORFEITURE that Plaintiff's Motion for Final Order of Forfeiture 44is hereby sustained; all right, title and interest in and to the $1,741.00 in United States currency, held by any person or entity, is hereby forever barred and foreclosed; the $1,741.00 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 dispose of said property in accordance with law as to Andrew Nespor (1). Ordered by Judge Laurie Smith Camp. (1 Certified copy to USM)(CJP)
October 3, 2008
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JUDGMENT as to Andrew Nespor. Defendant pled guilty to counts I and V (forfeiture count) of the Indictment and is sentenced to 60 months in the Bureau of Prisons followed by 4 years of Supervised Release; Special Assessment in the amount of $100.00; Defendant to forfeit interest in the following property to the United States: $1,741.00 in U.S. Currency.; Counts II, III and IV of the Indictment are dismissed on the Motion of the Government; Final order of Forfeiture filed on 9/26/2008 as to Count V. Defendant shall self-surrender to the United States Marshal for this district no earlier than 11/28/2008 at 2:00p.m. as to defendant(s) Andrew Nespor Ordered by Judge Laurie Smith Camp. (4 Certified copies to USM)(PCV, )