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08-345 - USA v. Martinez-Rodriguez et al


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08-345 - USA v. Martinez-Rodriguez et al
September 24, 2008
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ORDER of Detention pending trial as to defendant Sergio Pena-Zavala. Ordered by Magistrate Judge Thomas D. Thalken. (MKR)
September 24, 2008
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ORDER APPOINTING COUNSEL as to defendant Sergio Pena-Zavala - Kristina B. Murphree is appointed as counsel for the defendant. Ordered by Magistrate Judge Thomas D. Thalken. (MBB)
September 26, 2008
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ORDER of Detention pending trial as to defendant Lazaro Medina-Ayon. Ordered by Magistrate Judge Thomas D. Thalken. (MKR)
October 15, 2008
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ORDER granting 23 Motion to Extend as to Lazaro Medina-Ayon (2) and Sergio Pena-Zavala (3). All defendants are given until 11/7/08 to file pretrial motions. The time between 10/15/08 and 11/7/08 shall be deemed excludable time in any computation of time under the requirement of the Speedy Trial Act. Pretrial Motion Deadline set for 11/7/2008. Ordered by Magistrate Judge Thomas D. Thalken. (JSF)ORDER granting 23 Motion to Extend as to Lazaro Medina-Ayon (2) and Sergio Pena-Zavala (3). All defendants are given until 11/7/08 to file pretrial motions. The time between 10/15/08 and 11/7/08 shall be deemed excludable time in any computation of time under the requirement of the Speedy Trial Act. Pretrial Motion Deadline set for 11/7/2008. Ordered by Magistrate Judge Thomas D. Thalken. (JSF)
November 26, 2008
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ORDER granting 31 Motion for Leave to file pretrial motions out of time as to Sergio Pena-Zavala (3). Pena-Zavala is given until December 10, 2008, in which to file pretrial motions. The time between November 26, 2008 and December 10, 2008 shall be deemed excludable time for purposes of Speedy Trial computation; Trial of this matter scheduled for December 8, 2008 is canceled and will be rescheduled followng the disposition of any pretrial motion or the expiration of the deadline set forth herein. Ordered by Magistrate Judge Thomas D. Thalken. (MKR)ORDER granting 31 Motion for Leave to file pretrial motions out of time as to Sergio Pena-Zavala (3). Pena-Zavala is given until December 10, 2008, in which to file pretrial motions. The time between November 26, 2008 and December 10, 2008 shall be deemed excludable time for purposes of Speedy Trial computation; Trial of this matter scheduled for December 8, 2008 is canceled and will be rescheduled followng the disposition of any pretrial motion or the expiration of the deadline set forth herein. Ordered by Magistrate Judge Thomas D. Thalken. (MKR)
December 10, 2008
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ORDER granting 34 the Defendant's Motion to Continue Trial as to Lazaro Medina-Ayon (2). Trial will be rescheduled following the disposition of co-defendant Pene-Zaval's motion to suppress. Ordered by Magistrate Judge Thomas D. Thalken. (MKR)
June 18, 2009
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JUDGMENT as to Lazaro Medina-Ayon (2), Defendant pleaded guilty to Counts I, V, VIII and IX of the Indictment and is committed to the Bureau of Prisons for 120 months on count I and 60 months on count V to be served consecutively; supervised release for a term of 5 years on count I and 5 years on count V to run concurrently; $200 special assessment; Counts IV, VI and VII are dismissed on the motion of the government as to this defendant only; final order of forfeiture as to Counts VIII and IX forthcoming; the defendant shall forfeit the defendant's interest in the following property to the United States:.38 caliber Smith & Wesson revolver, serial number 7D03641, a Ruger 9 mm firearm, serial number 30766854 and a.380 Derringer handgun, serial number 45116, $430.00 in United States currency, $86.00 in United States currency,$1,230.00 in United States currency as to defendant Lazaro Medina-Ayon. Ordered by Chief Judge Joseph F. Bataillon. (4 certified copies to USM)(CJP)
June 23, 2009
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JUDGMENT as to Sergio Pena-Zavala (3), Count I of the Indictment is dismissed on the motion of the United States as to this defendant only. Defendant pled guilty to counts IV, V, VIII, IX of the Indictment and is committed to the custody of the Bureau of Prisons for a total term of 12 months and one (1) day on Count IV and 48 months on Count V to be served consecutively; 4 years Supervised release on Count IV and 4 years on Count V to run concurrent with special conditions; $200 Special Assessment. Final order of forfeiture as to Counts VIII, IX forthcoming as to defendant Sergio Pena-Zavala. Ordered by Chief Judge Joseph F. Bataillon. (4 Certified copies to USM)(MKR)
November 2, 2010
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PRELIMINARY ORDER OF FORFEITURE - The United States' Motion for Issuance of Preliminary Order of Forfeiture 83 is hereby sustained. The United States is hereby authorized to seize the following-described properties: $430.00, $86.00 and $1,230.00 in United States currency, a.38 caliber Smith & Wesson revolver, serial number 7D03641, a Ruger 9mm firearm, serial number 30766854, and a.380 Derringer handgun, serial number 45116. The Defendants' interest in the above-described properties is hereby forfeited to the United States for disposition in accordance with the law. 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 Order of Forfeiture, in which all interests will be addressed as to defendants Lazaro Medina-Ayon, Sergio Pena-Zavala. Ordered by Chief Judge Joseph F. Bataillon. (1 Certified copy to USM) (KBJ)PRELIMINARY ORDER OF FORFEITURE - The United States' Motion for Issuance of Preliminary Order of Forfeiture 83 is hereby sustained. The United States is hereby authorized to seize the following-described properties: $430.00, $86.00 and $1,230.00 in United States currency, a.38 caliber Smith & Wesson revolver, serial number 7D03641, a Ruger 9mm firearm, serial number 30766854, and a.380 Derringer handgun, serial number 45116. The Defendants' interest in the above-described properties is hereby forfeited to the United States for disposition in accordance with the law. 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 Order of Forfeiture, in which all interests will be addressed as to defendants Lazaro Medina-Ayon, Sergio Pena-Zavala. Ordered by Chief Judge Joseph F. Bataillon. (1 Certified copy to USM) (KBJ)
November 9, 2010
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ORDER - The defendant's Notice of Appeal to the USCA 84 is not timely filed. It is further ordered that the court will not permit the defendant to proceed in forma pauperis as to defendant Lazaro Medina-Ayon. Ordered by Chief Judge Joseph F. Bataillon. (Copy mailed to pro se party)(KBJ)
January 11, 2011
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FINAL ORDER OF FORFEITURE - The Plaintiff's Motion for Final Order of Forfeiture 95 is hereby sustained. All right, title and interest in and to the properties held by any person or entity, is hereby forever barred and foreclosed. The properties be, and the same hereby are, forfeited to the United States of America. The United States Marshal for the District of Nebraska is directed to dispose of said properties in accordance with law as to Lazaro Medina-Ayon, and Sergio Pena-Zavala. Ordered by Chief Judge Joseph F. Bataillon. (1 Certified copy to USM)(KBJ)FINAL ORDER OF FORFEITURE - The Plaintiff's Motion for Final Order of Forfeiture 95 is hereby sustained. All right, title and interest in and to the properties held by any person or entity, is hereby forever barred and foreclosed. The properties be, and the same hereby are, forfeited to the United States of America. The United States Marshal for the District of Nebraska is directed to dispose of said properties in accordance with law as to Lazaro Medina-Ayon, and Sergio Pena-Zavala. Ordered by Chief Judge Joseph F. Bataillon. (1 Certified copy to USM)(KBJ)
October 18, 2012
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ORDER FOR DISMISSAL granting 99 Motion to Dismiss Criminal Case without prejudice as to Antonio Martinez-Rodriguez (1). Ordered by Judge Joseph F. Bataillon. (1 Certified copy to USM)( ADB, )
October 14, 2015
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ORDER - IT IS ORDERED that: The motion to withdraw, Filing No. 110, is granted. David Stickman and the Office of the Federal Public Defender are deemed withdrawn from further representation as to defendant Lazaro Medina-Ayon. Ordered by Senior Judge Joseph F. Bataillon. (Copy mailed to defendant)( TCL)
March 30, 2016
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STRICKEN - ORDER permitting the defendant to proceed on appeal in forma pauperis as to defendant Lazaro Medina-Ayon. Ordered by Senior Judge Joseph F. Bataillon. (TCL) Modified on 3/30/2016 to strike per Order 118 (TCL).
March 30, 2016
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ORDER - THEREFORE, IT IS ORDERED THAT: The Clerk of Court shall strike Filing No. 117. Defendant shall not be permitted to appeal in forma pauperis, as he did not timely file his appeal as to defendant Lazaro Medina-Ayon. Ordered by Senior Judge Joseph F. Bataillon. (Copy mailed to pro se party)(TCL)
July 5, 2016
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MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that: The defendant's motion to vacate (Filing No. 123) is denied. Counsel's motion to withdraw (Filing No. 127) is granted. The hearing scheduled for October 3, 2016 at 11:00 a.m. in Courtroom No. 3, Roman L. Hruska U.S. Courthouse, 111 South 18th Plaza, Omaha, NE is cancelled. This action is dismissed. A judgment in conformity with the Memorandum and Order will issue this date. No certificate of appealability pursuant to 28 U.S.C. ยง 2253(c) will issue as to Lazaro Medina-Ayon. Ordered by Senior Judge Joseph F. Bataillon. (Copy mailed to pro se party)( TCL)
May 23, 2017
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MEMORANDUM AND ORDER that defendant's 130 Motion for Downward Departure is denied. No certificate of appealability will be issued as to Lazaro Medina-Ayon (2). Ordered by Senior Judge Joseph F. Bataillon. (Copy mailed to pro se party) (ADB)