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09-003 - USA v. Frausto et al


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09-003 - USA v. Frausto et al
January 21, 2009
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ORDER APPOINTING COUNSEL - David M. O'Neill appointed as counsel for the defendant Jose Rigoberto Frausto-Diaz. Ordered by Magistrate Judge F. A. Gossett. (MLF, )
January 21, 2009
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ORDER APPOINTING COUNSEL - William J. Bianco appointed as counsel for the defendant Jorge Alberto Hernandez-Campos. Ordered by Magistrate Judge F. A. Gossett. (MLF, )
January 21, 2009
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ORDER APPOINTING COUNSEL - The Federal Public Defender appointed as counsel for the defendant Antonio Frausto. Ordered by Magistrate Judge F. A. Gossett. (MLF, )
January 22, 2009
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ORDER of Detention pending trial as to defendant Jorge Alberto Hernandez-Campos. Ordered by Magistrate Judge F. A. Gossett. (MLF, )
January 22, 2009
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ORDER of Detention pending trial as to defendant Jose Rigoberto Frausto-Diaz. Ordered by Magistrate Judge F. A. Gossett. (MLF, )
January 28, 2009
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ORDER of Detention pending trial as to defendant Antonio Frausto. Ordered by Magistrate Judge F. A. Gossett. (MLF, )
February 9, 2009
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ORDER granting 40 Motion to Continue Deadline as to Antonio Frausto (1), Jose Rigoberto Frausto-Diaz (2), Jorge Alberto Hernandez-Campos (3); overruling 41 Objection filed by Antonio Frausto (1). The United States is given until and including 2/13/2009 to provide discovery in accordance with paragraph 2 of the Progression Order 14. The deadline for filing pretrial motions is extended to 2/27/2009 as to all defendants. The time between 2/6/2009 and 2/13/2009 is excluded under the Speedy Trial Act. Ordered by Magistrate Judge F. A. Gossett. ( CLS, )ORDER granting 40 Motion to Continue Deadline as to Antonio Frausto (1), Jose Rigoberto Frausto-Diaz (2), Jorge Alberto Hernandez-Campos (3); overruling 41 Objection filed by Antonio Frausto (1). The United States is given until and including 2/13/2009 to provide discovery in accordance with paragraph 2 of the Progression Order 14. The deadline for filing pretrial motions is extended to 2/27/2009 as to all defendants. The time between 2/6/2009 and 2/13/2009 is excluded under the Speedy Trial Act. Ordered by Magistrate Judge F. A. Gossett. ( CLS, )ORDER granting 40 Motion to Continue Deadline as to Antonio Frausto (1), Jose Rigoberto Frausto-Diaz (2), Jorge Alberto Hernandez-Campos (3); overruling 41 Objection filed by Antonio Frausto (1). The United States is given until and including 2/13/2009 to provide discovery in accordance with paragraph 2 of the Progression Order 14. The deadline for filing pretrial motions is extended to 2/27/2009 as to all defendants. The time between 2/6/2009 and 2/13/2009 is excluded under the Speedy Trial Act. Ordered by Magistrate Judge F. A. Gossett. ( CLS, )
February 26, 2009
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ORDER granting in part 53 Motion to Continue the Deadline for Filing Pretrial Motions and Trial as to Jorge Alberto Hernandez-Campos. The deadline for filing pretrial motions is extended to March 13, 2009. A new trial date will be set by further order of the court. The time between February 27, 2009 and March 13, 2009, 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, )
March 10, 2009
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ORDER granting 45 Motion for Disclosure of Confidential Informant as to Antonio Frausto (1). Ordered by Magistrate Judge F. A. Gossett. (JSF)
April 22, 2009
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ORDER granting 68 Request for Transcript (Non-Party). The clerk's office is directed to mail a copy of this order to the party requesting the transcript as to Antonio Frausto (1). Ordered by Chief Judge Joseph F. Bataillon. (Copies mailed as directed)( ADB, )
May 7, 2009
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ORDER denying 80 Motion for Leave to file motion out of time, as to Antonio Frausto (1). Defendant's Motion for Bill of Particulars 84 and the brief in support of the Motion for Bill of Particulars 82 are ordered stricken. Ordered by Magistrate Judge F. A. Gossett. ( CLS, )
May 12, 2009
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ORDER regarding 73 Motion to Continue and 79 Amended Motion to Continue and 38 appeal of the magistrate judge's order of detention as to Antonio Frausto (1); The court and parties agreed to the discovery deadlines and trial setting set forth in this order; On or before the close of business June 10, 2009, the parties must file all pretrial motions in limine; A pretrial conference is scheduled for June 11, 2009, at 9:00 a.m., to take up any pending motions and trial scheduling issues; Jury Trial set for 6/22/2009 at 08:30 AM in Courtroom 3, Federal Building, 111 South 18th Plaza, Omaha, NE before Chief Judge Joseph F. Bataillon; the speedy trial clock is tolled from April 30, 2009, through June 22, 2009. Ordered by Chief Judge Joseph F. Bataillon. ( ADB, )ORDER regarding 73 Motion to Continue and 79 Amended Motion to Continue and 38 appeal of the magistrate judge's order of detention as to Antonio Frausto (1); The court and parties agreed to the discovery deadlines and trial setting set forth in this order; On or before the close of business June 10, 2009, the parties must file all pretrial motions in limine; A pretrial conference is scheduled for June 11, 2009, at 9:00 a.m., to take up any pending motions and trial scheduling issues; Jury Trial set for 6/22/2009 at 08:30 AM in Courtroom 3, Federal Building, 111 South 18th Plaza, Omaha, NE before Chief Judge Joseph F. Bataillon; the speedy trial clock is tolled from April 30, 2009, through June 22, 2009. Ordered by Chief Judge Joseph F. Bataillon. ( ADB, )ORDER regarding 73 Motion to Continue and 79 Amended Motion to Continue and 38 appeal of the magistrate judge's order of detention as to Antonio Frausto (1); The court and parties agreed to the discovery deadlines and trial setting set forth in this order; On or before the close of business June 10, 2009, the parties must file all pretrial motions in limine; A pretrial conference is scheduled for June 11, 2009, at 9:00 a.m., to take up any pending motions and trial scheduling issues; Jury Trial set for 6/22/2009 at 08:30 AM in Courtroom 3, Federal Building, 111 South 18th Plaza, Omaha, NE before Chief Judge Joseph F. Bataillon; the speedy trial clock is tolled from April 30, 2009, through June 22, 2009. Ordered by Chief Judge Joseph F. Bataillon. ( ADB, )
June 8, 2009
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ORDER granting 91 Motion to Dismiss Forfeiture Counts as to Antonio Frausto (1), Jose Rigoberto Frausto-Diaz (2) and Jorge Alberto Hernandez-Campos (3). Ordered by Chief Judge Joseph F. Bataillon. (JSF)ORDER granting 91 Motion to Dismiss Forfeiture Counts as to Antonio Frausto (1), Jose Rigoberto Frausto-Diaz (2) and Jorge Alberto Hernandez-Campos (3). Ordered by Chief Judge Joseph F. Bataillon. (JSF)ORDER granting 91 Motion to Dismiss Forfeiture Counts as to Antonio Frausto (1), Jose Rigoberto Frausto-Diaz (2) and Jorge Alberto Hernandez-Campos (3). Ordered by Chief Judge Joseph F. Bataillon. (JSF)
June 12, 2009
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MEMORANDUM AND ORDER that defendants motion to compel, 94,is granted in part and denied in part as stated on the record and as set forth herein as to defendant(s) Antonio Frausto Ordered by Chief Judge Joseph F. Bataillon. (PCV, )
September 21, 2009
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JUDGMENT as to Jorge Alberto Hernandez-Campos. The defendant pleaded guilty to Count I of the Indictment and is committed to the custody of the Bureau of Prisons for 135 months; and shall be given credit for time served. Supervised Release of 3 years with special conditions; $100.00 Special Assessment due and payable immediately. Counts II, III, and IV of the Indictment are dismissed on the motion of the United States as to this defendant only. Counts V and VI of the indictment are dismissed on the motion of the United States on June 8, 2009, filing no. 92 as to defendant Jorge Alberto Hernandez-Campos. Ordered by Chief Judge Joseph F. Bataillon. (4 Certified copies to USM)(KBJ)
October 6, 2009
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JUDGMENT as to Jose Rigoberto Frausto-Diaz. The defendant pleaded guilty to Count I of the Indictment and is committed to the custody of the Bureau of Prisons for 180 months; and shall be given credit for time served. Supervised Release of 5 years with special conditions; $100.00 Special Assessment due and payable. Counts II-VI of the Indictment are dismissed on the motion of the United States as to this defendant only as to defendant Jose Rigoberto Frausto-Diaz. Ordered by Chief Judge Joseph F. Bataillon. (4 Certified copies to USM)(KBJ)
February 25, 2010
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ORDER granting MOTION for Writ of Habeas Corpus Ad Testificandum 159 as to defendant Antonio Frausto. Ordered by Chief Judge Joseph F. Bataillon. (1 Certified copy to USM)(ADB, )
July 16, 2010
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ORDER TO WITHDRAW EXHIBITS as to defendant(s) Antonio Frausto. Ordered by Chief Judge Joseph F. Bataillon. (TJD)
July 16, 2010
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ORDER TO WITHDRAW EXHIBITS as to defendant Antonio Frausto. Ordered by Chief Judge Joseph F. Bataillon. (TJD)
July 19, 2010
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ORDER regarding MOTIONS for Leave to Proceed In Forma Pauperis186 and 189 as to defendant Antonio Frausto. The Clerk of Court is directed to send the appropriate affidavit to the defendant. The defendant shall submit the completed affidavit to the court within 14 days of the date of this order, at which time the court will consider the defendant's motion for leave to proceed in forma pauperis on appeal. Ordered by Chief Judge Joseph F. Bataillon. (Copy mailed to defendant)(JAB)
August 16, 2010
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ORDER as to defendant Antonio Frausto. This matter is before the court sua sponte. On August 2, 2010, this court entered a text order granting defendant's motion for a fourteen-day extension to submit an affidavit regarding his motion for leave to proceed in forma pauperis. Filing No. 196. The court has now been informed that Mr. Frausto did not receive the appropriate forms. Therefore, The Clerk of Court will mail to the defendant the AO 240 Form - Application to Proceed Without Prepaying Fees to: Antonio Frausto #22709-047, CCA Leavenworth100 Highway Terrance, Leavenworth, KS 66048. The defendant shall thereafter have thirty days from the the date of this order to file these forms with the court, if he so chooses. Ordered by Chief Judge Joseph F. Bataillon. (Copy mailed as directed)(JAB)
September 15, 2010
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ORDER granting 187 Motion for Leave to Appeal In Forma Pauperis as to Antonio Frausto (1); granting 189 Motion for Leave to Proceed In Forma Pauperis as to Antonio Frausto (1); denying 205 Motion to Extend as to Antonio Frausto (1). Ordered by Chief Judge Joseph F. Bataillon. ( ADB, )
June 15, 2011
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ORDER as to defendant Antonio Frausto granting 221 Request for Transcript - (Non-Party). The nonparty petitioner must contact court reporter Allan Kuhlman at (402) 661-7305 to make arrangements for the preparation and payment of the transcript. The clerk's office is directed to mail a copy of this order to the party requesting the transcript. Ordered by Chief Judge Joseph F. Bataillon. (Copies mailed as directed)(GJG)
September 2, 2011
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ORDER TO WITHDRAW EXHIBITS OR SHOW CAUSE WHY THEY SHOULD NOT BE DESTROYED as to defendant Antonio Frausto. Ordered by Chief Judge Joseph F. Bataillon. (TJD)
July 13, 2012
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ORDER regarding MOTION to Vacate under 28 U.S.C. 2255226 as to defendant Antonio Frausto. On initial review, the court finds that summary dismissal is not appropriate. The United States shall file an answer to the defendant's § 2255 motion within 21 days of the date of this order. Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party)(GJG)
January 8, 2013
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MEMORANDUM AND ORDER as to defendant Antonio Frausto (1). Defendant's motion for relief pursuant to 28 U.S.C. § 2255, Filing No. 226, is denied. A Judgment will be entered in conjunction with this Memorandum and Order. Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party)(GJG) Civil Case 8:11-cv-00443-JFB closed.
February 5, 2013
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MEMORANDUM AND ORDER as to defendant Antonio Frausto (1). A certificate of appealability pursuant to the notice of appeal, Filing No. 242, is denied. The defendant's motion to proceed in forma pauperis, Filing No. 240, is granted. The Clerk of Court shall provide a copy of this Memorandum and Order to the Eighth Circuit Court of Appeals. A copy of this Memorandum and Order shall be mailed to the defendant at his last known address. Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party)( GJG)
July 8, 2015
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MEMORANDUM AND ORDER - Accordingly, it is hereby ordered that: The defendant's unopposed motion for a sentence reduction (Filing No. 264) is hereby granted. The parties' stipulation regarding sentence reduction (Filing No. 265) is approved. An Order Regarding Motion For Sentence Reduction Pursuant To 18 U.S.C. § 3582 (C)(2) will issue this date, effective November 2, 2015 as to defendant Jorge Alberto Hernandez-Campos. Ordered by Senior Judge Joseph F. Bataillon. (TCL)
September 17, 2015
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MEMORANDUM AND ORDER that the defendant's unopposed motion for a sentence reduction 272 is hereby granted. The parties' stipulation regarding sentence reduction 273 is approved. An Order Regarding Motion For Sentence Reduction Pursuant To 18 U.S.C. § 3582(C)(2) will issue this date, effective November 2, 2015 as to defendant Jose Rigoberto Frausto-Diaz. Ordered by Senior Judge Joseph F. Bataillon. (JSF)
September 17, 2015
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ORDER REDUCING SENTENCE - USSC Amendment as to Jose Rigoberto Frausto-Diaz (2). The defendant's previously imposed sentence of imprisonment of 180 months is reduced to 168 months. Ordered by Senior Judge Joseph F. Bataillon. (JSF)
July 5, 2016
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MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that: The defendant's motion to vacate, set aside, or correct his sentence (Filing No. 286) is denied. Counsel's motion to withdraw (Filing No. 290) is granted. The hearing scheduled for October 3, 2016 at 11:30 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 this Memorandum and Order will issue this date. No certificate of appealability pursuant to 28 U.S.C. § 2253(c) will issue as to Jose Rigoberto Frausto-Diaz. Ordered by Senior Judge Joseph F. Bataillon. (Copy mailed to pro se party)( TCL)