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08-154 - USA v. Gallardo-Cruz


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08-154 - USA v. Gallardo-Cruz
May 30, 2008
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ORDER APPOINTING COUNSEL as to defendant Daniel Gallardo-Cruz - the Federal Public Defender is appointed to represent the defendant. Ordered by Magistrate Judge Thomas D. Thalken. (MBB)
May 30, 2008
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ORDER of Detention pending trial as to defendant Daniel Gallardo-Cruz. Ordered by Magistrate Judge Thomas D. Thalken. (KBJ)
June 27, 2008
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REPORT AND RECOMMENDATION ON PLEA OF GUILTY - IT IS RECOMMENDED TO JUDGE LAURIE SMITH CAMP that she accept the guilty plea tendered by the defendant and that she accept the written plea agreement with the understanding that the court is not bound by the parties' stipulations, but may with the aid of the presentence report, determine the facts relevant to sentencing. And ORDER that any objection to this Report and Recommendation shall be filed with the Clerk of the Court within ten (10) business days after being served with acopy of this Report and Recommendation. 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 Daniel Gallardo-Cruz. Ordered by Magistrate Judge Thomas D. Thalken.(KBJ)
July 14, 2008
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MEMORANDUM AND ORDER adopting 19 the Magistrate Judge's Report and Recommendation as to Daniel Gallardo-Cruz (1); defendant is found guilty; plea is accepted; defer acceptance of the plea agreement until the time of sentencing pursuant to Federal Rule of Criminal Procedure 11(c)(3); and case shall proceed to sentencing. Ordered by Judge Laurie Smith Camp. (JB)
July 14, 2008
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PRELIMINARY ORDER OF FORFEITURE sustaining 21 Motion for Preliminary Forfeiture as to Daniel Gallardo-Cruz (1). The United States is hereby authorized to seize the.38 caliber Smith and Wesson. The Defendant's interest in said property is hereby forfeited to the United States for disposition. Upon adjudication of all third-party interests, this Court will enter a Final Order of Forfeiture. Ordered by Judge Laurie Smith Camp. (1 Certified copy to USM) (JSF)
September 4, 2008
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TENTATIVE FINDINGS regarding the Presentence Investigation Report as to Defendant Daniel Gallardo-Cruz. Ordered by Judge Laurie Smith Camp. (JB)
September 12, 2008
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FINAL ORDER OF FORFEITURE - The Plaintiff's Motion for Final Order of Forfeiture 29 is hereby sustained. All right, title and interest in and to the.38 caliber Smith and Wesson, held by any person or entity, is hereby forever barred and foreclosed. The.38 caliber Smith and Wesson, be, and the same hereby is, forfeited to the United States of America. The United States Bureau of Alcohol, Tobacco and Firearms for the District of Nebraska is directed to dispose of said property in accordance with law, as to Daniel Gallardo-Cruz. Ordered by Judge Laurie Smith Camp. (1 Certified copy to USM)( JAE, )
September 17, 2008
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JUDGMENT as to Daniel Gallardo-Cruz (1), Counts 1,2 - Defendant pleaded guilty to counts I and II of the Indictment and is committed to the custody of the United States Bureau of Prisons to be imprisoned for a term of 15 months; 3 years supervised release with special conditions; $100.00 special assessment (remitted); Final order of forfeiture as to count 2 forhtcoming and the Defendant shall forfeit the Defendant's interest in the following property to the United States:.38 Smith and Wesson, serial number obliterated as to defendant(s) Daniel Gallardo-Cruz. Ordered by Judge Laurie Smith Camp. (4 Certified copies to USM)(ADB, )