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08-326 - USA v. Ixta-Salazar et al


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08-326 - USA v. Ixta-Salazar et al
August 28, 2008
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ORDER APPOINTING COUNSEL - Jessica L. Milburn is appointed as counsel as to defendant Jesus A. Ixta-Salazar; Ordered by Magistrate Judge F. A. Gossett. (ETC)
August 28, 2008
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ORDER APPOINTING COUNSEL - James R. Kozel is appointed as counsel as to defendant Jarrod A. King; Ordered by Magistrate Judge F. A. Gossett. (ETC)
September 3, 2008
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ORDER of ABEYANCE as to defendant Jesus A. Ixta-Salazar. The government's motion for detention is held in abeyance pending the defendant's coming into federal custody. The U.S. Marshal for the District of Nebraska is directed to place a detainer with the correctional officer having custody of the defendant. Ordered by Magistrate Judge F. A. Gossett. (1 Certified copy to USM)(MLF, )
October 8, 2008
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ORDER RE: TRIAL PREPARATION (Criminal Jury Trial) as to Defendants Jesus A. Ixta-Salazar and Jarrod A. King. Ordered by Judge Laurie Smith Camp. (JB)ORDER RE: TRIAL PREPARATION (Criminal Jury Trial) as to Defendants Jesus A. Ixta-Salazar and Jarrod A. King. Ordered by Judge Laurie Smith Camp. (JB)
December 18, 2008
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PRELIMINARY ORDER OF FORFEITURE - The United States' Motion for Issuance of Preliminary Order of Forfeiture (Filing No. 60) is hereby sustained. Based upon Counts IV and V of the Indictment and the guilty verdict, the United States is hereby authorized to seize the $1,364.00 in United States currency and the Ruger.45 caliber pistol, serial no. 664-07781. The Defendant's interest in said properties 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 properties are 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 Orderof Forfeiture pursuant to 21 U.S.C. § 853(n), in which all interests will be addressed. Ordered by Judge Laurie Smith Camp. (1 Certified copy to USM)( TCL )
January 6, 2009
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TENTATIVE FINDINGS regarding the Revised Presentence Investigation Report as to Defendant Jarrod A. King. Ordered by Judge Laurie Smith Camp. (JB)
January 14, 2009
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JUDGMENT as to Jarrod A. King. The defendant pleaded guilty to count I of the Indictment and is committed to the custody of the Bureau of Prisons for a term of 120 months; 5 years supervised release with special conditions; $100 Special Assessment. Count II of the Indictment is dismissed on the motion of the United States as to this defendant only. The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons no earlier than 2:00 p.m. on March 12, 2009. Ordered by Judge Laurie Smith Camp. (4 Certified copies to USM)(TCL)
February 24, 2009
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TENTATIVE FINDINGS regarding the Presentence Investigation Report as to Defendant Jesus A. Ixta-Salazar. Ordered by Judge Laurie Smith Camp. (JB)
March 12, 2009
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JUDGMENT as to Jesus A. Ixta-Salazar. The defendant was found guilty on counts I, III, IV and V of the Indictment after a plea of not guilty and is committed to the custody of the Bureau of Prisons for a total term of 235 months on count I and III, which are grouped pursuant to U.S.S.G. § 3D1.2(c). 5 years supervised release with special conditions on count I and 3 years on count III to run concurrently; $200 Special Assessment. Final order of forfeiture as to Count IV and V forthcoming. The Defendant shall forfeit the Defendant's interest in the following property to the United States: Ruger.45 pistol, serial no. 664-07781 and $1,364.00 in U.S. Currency. Ordered by Judge Laurie Smith Camp. (4 Certified copies to USM)(TCL)
March 31, 2009
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ORDER - that the Defendant's application for leave to proceed on appeal informa pauperis (Filing No. 88) is granted as to Jesus A. Ixta-Salazar. Ordered by Judge Laurie Smith Camp. ( TCL)
July 8, 2010
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FINAL ORDER OF FORFEITURE-sustaining 126 the Plaintiff's Motion for Final Forfeiture as to Jesus A. Ixta-Salazar (1). All right, title and interest in and to the $1,364.00 held by any person or entity, is hereby forever barred and foreclosed. The $1,364.00l, be, and the same hereby is, forfeited to the United States ofAmerica. The United States Bureau of Alcohol, Tobacco, Firearms, and Explosives 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)
September 9, 2010
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ORDER granting 129 Request for Transcript (Non-Party) as to Jesus A. Ixta-Salazar. Jesus A. Ixta-Salazar is ordered to pay to the Clerk of Court the amount of $106.70. Should the cost of the transcript exceed this amount, the requestor will be required to pay the difference. Likewise, should the cost of the transcript be less than $106.70 a refund check will be issued. Note: The estimated cost of the transcript would be $80.30 if requested to be prepared within 30 calendar days. Upon receipt of this fee, the Clerk is ordered to prepare a transcript of the hearing held on August 28, 2008 10 and October 20, 2008 25. A paper copy of the transcript shall be mailed to the requestor. The clerk's office is directed to mail a copy of this order to the party requesting the transcript. Ordered by Magistrate Judge F. A. Gossett. ( MLF, )
April 18, 2011
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MEMORANDUM AND ORDER as to Jesus A. Ixta-Salazar as to defendant Jesus A. Ixta-Salazar. The Court has completed the initial review of the Defendants motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. § 2255 (Filing No. 134); Upon initial review, the Court summarily denies the following claims: Four, Five, and Six; The government is ordered to answer the following claims on or before Wednesday, May 18, 2011, and support its answer with a brief: One, Two, Three, andSeven; On or before Monday, June 20, 2011, the Defendant may file a responsive brief; The Defendant's motions to appoint counsel (Filing No. 135) and for leave to proceed in forma pauperis (Filing No. 136) are held in abeyance; and The Clerk is directed to mail a copy of this Memorandum and Order to the Defendant at his last known address. Ordered by Judge Laurie Smith Camp. (Copies mailed as directed) (MKR)
May 18, 2011
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ORDER granting the government's 141 Motion to Extend time to answer MOTION to Vacate under 28 U.S.C. 2255134 as to Jesus A. Ixta-Salazar (1). The United States must file its Answer and support its Answer with a brief on or before May 27, 2011; On or before June 27, 2011, the Defendant may file a responsive brief; and The Clerk is directed to mail a copy of this Memorandum and Order to the Defendant at his last known address. Ordered by Judge Laurie Smith Camp. (Copies mailed as directed)(MKR)
July 15, 2011
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ORDER- The Defendants motions for appointment of counsel (Filing Nos.135, 139) are held in abeyance; The Defendants motion for an extension of time to file a reply brief (Filing No.146) is granted; The Defendants reply brief must be filed on or before August 26, 2011; and The Clerk is directed to mail a copy of this Order to the Defendant at his last known address as to Jesus A. Ixta-Salazar (1)(). Ordered by Judge Laurie Smith Camp. (Copy mailed to pro se party as directed)(MKR)
October 20, 2011
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MEMORANDUM AND ORDER as to Jesus A. Ixta-Salazar (1). The Defendant's Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody ("§ 2255 motion") (Filing No. 134) is denied; The following motions filed by the Defendant are denied as moot: a. to appoint counsel (Filing Nos. 135, 139); and b. for leave to proceed in forma pauperis (Filing No. 136); The Defendant's motion to strike (Filing No. 150) is denied; The Clerk is directed to mail a copy of this Memorandum and Order to the Defendant at his last known address; and a separate Judgment will be filed. Ordered by Judge Laurie Smith Camp. (Copy mailed to pro se party) (TEL) Civil Case 8:11-cv-00057-LSC closed.
January 31, 2012
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ORDER denying the Defendant's 153 Motion to Extend the time for filing a motion for a certificate of appealability and a notice of appeal as to Jesus A. Ixta-Salazar (1). The Clerk is directed to mail a copy of this order tot he defendant at his last known address. Ordered by Chief Judge Laurie Smith Camp. (Copies mailed as directed)MKR)
September 7, 2012
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MEMORANDUM AND ORDER - IT IS ORDERED: Ixta-Salazar may file a notice of appeal and a request for a certificate of appealability within 14 days of the date of the filing of this Memorandum and Order. The Defendant's motion for a hearing (Filing No. 164) is denied as moot. The Defendant's motion for appointment of counsel (Filing No. 164) is denied without prejudice to Ixta-Salazar filing a motion for appointment of counsel at the appropriate time in the Eighth Circuit Court of Appeals. The Clerk is directed to mail a copy of this Memorandum and Order to the Defendant at his last known address as to Jesus A. Ixta-Salazar. Ordered by Chief Judge Laurie Smith Camp. (Copy mailed to pro se party)( TCL )
October 10, 2012
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MEMORANDUM AND ORDER- The Defendants motion for a certificate of appealability (Filing No. 166-2) is denied; The Defendants motion for appointment of counsel (Filing No. 166-2) is denied; The Court denies the Defendant leave to proceed in forma pauperis on appeal; and The Clerk is directed to mail a copy of this Memorandum and Order to the Defendant at his last known address as to Jesus A. Ixta-Salazar (1). Ordered by Chief Judge Laurie Smith Camp. (Copy mailed to pro se party as directed)( MKR)
August 29, 2013
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ORDER - The defendant is given until September 20, 2013, to file an amended motion setting out the document he references and the clerical mistake or mistake arising from oversight or omission contained in the document as to defendant Jesus A. Ixta-Salazar. Ordered by Magistrate Judge F.A. Gossett. (Copy mailed to pro se party as directed)(MKR)
November 19, 2015
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ORDER REDUCING SENTENCE - USSC Amendment as to Jesus A. Ixta-Salazar (1). The defendant's previously imposed sentenc eof imprisonment of 235 months is reduced to 188 months. The Defendant's pro se Motion to Reduce Sentence - USSC Amendment (Filing No. 184) is granted; the Defendant's Unopposed Motion to Reduce Sentence - USSC Amendment (Filing No. 190) is granted; and the parties' Stipulationregarding the Unopposed Motion to Reduce Sentence - USSC Amendment (Filing No. 191) is approved. Ordered by Chief Judge Laurie Smith Camp. (MKR)
May 17, 2017
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MEMORANDUM AND ORDER that Defendant Ixta-Salazar will not be granted permission to proceed in forma pauperis in his "appeal" of the Court's denial of his most recent motion for clarification. The Clerk of Court is directed to send a copy of this Memorandum and Order to the Defendant at his last known address. Ordered by Chief Judge Laurie Smith Camp. (Copy mailed to pro se party) (LAC)
June 23, 2017
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MEMORANDUM AND ORDER that the Defendant's Motion and Affidavit for Permission to Appeal in forma pauperis, ECF No. 204, is denied. The Clerk is directed to mail a copy of this memorandum and order to the Defendant at his last known address as to Jesus A. Ixta-Salazar. Ordered by Chief Judge Laurie Smith Camp. (Copy mailed to pro se party) (LAC)
March 8, 2018
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ORDER granting 210 Motion for Copies as to Jesus A. Ixta-Salazar. The Clerk of Court is directed to mail copies of Filings 9 and 18 to the defendant upon receipt of the $1.00 fee for the costs of the copies. Ordered by Magistrate Judge Michael D. Nelson. (Copy mailed to defendant)(SLP) Modified on 3/8/2018 to add text(SLP).
March 29, 2018
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ORDER that the Defendant's Notice of Appeal, construed as a request for leave to appeal in forma pauperis, is denied. The Clerk will mail a copy of this Order to the Defendant at his last known address as to defendant Jesus A. Ixta-Salazar. Ordered by Chief Judge Laurie Smith Camp. (Copy mailed to pro se party)(LAC)