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09-066 - USA v. Tamayo et al


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09-066 - USA v. Tamayo et al
March 5, 2009
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ORDER APPOINTING COUNSEL - Michael J. Lehan appointed as counsel for the defendant Bonfilio Aviles. Ordered by Magistrate Judge F. A. Gossett. (MLF, )
March 6, 2009
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ORDER of Detention pending trial as to defendant Bonfilio Aviles. Ordered by Magistrate Judge F. A. Gossett. (MLF, )
March 9, 2009
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ORDER APPOINTING COUNSEL - Glenn A. Shapiro appointed as counsel for the defendant Victor Tamayo. Ordered by Magistrate Judge F. A. Gossett. (MLF, )
March 10, 2009
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ORDER of Detention pending trial as to defendant Victor Tamayo. Ordered by Magistrate Judge F. A. Gossett. (MLF, )
March 17, 2009
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ORDER granting in part 24 Motion for Extension of Time for Filing Pretrial Motions as to Victor Tamayo. The deadline for filing pretrial motions is extended to April 6, 2009. Defendant is ordered to file a waiver of speedy trial as soon as practicable. The time between March 17, 2009 and April 6, 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 20, 2009
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ORDER granting 28 Motion to Extend Time to File Pretrial Motions, as to Bonfilio Aviles. The deadline for filing pretrial motions is extended to April 6, 2009. Defendant is ordered to file a waiver of speedy trial as soon as practicable. The time between March 25, 2009 and April 6, 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. ( JAE, )
March 26, 2009
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ORDER granting 35 Glenn A. Shapiro's Motion to Withdraw as Attorney as to Victor Tamayo. The appearance of Glenn A. Shapiro is hereby deemed withdrawn. Mark A. Weber is appointed as attorney of record for the above-named defendant. Arraignment on the Superseding Indictment is set for March 31, 2009 at 2:30 p.m. in Courtroom 6, Federal Building, 111 South 18th Plaza, Omaha, NE before Magistrate Judge F.A. Gossett. Ordered by Magistrate Judge F. A. Gossett. (Copy to FPD)(JAE)
April 20, 2009
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ORDER granting 45 Motion to Extend Time to File Pretrial Motions as to Bonfilio Aviles. Pretrial Motion Deadline set for 4/30/2009. Defendant is ordered to file a waiver of speedy trial as soon as practicable. The time between April 20, 2009 and April 30, 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. ( JAE, )
April 24, 2009
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ORDER granting 47 Motion to Extend Deadlines, filed by Victor Tamayo (1). The United States is given an extension of time to 4/30/2009 to provide discovery pursuant to Fed. R. Crim. P. 16. Pretrial Motion Deadline extended to 5/15/2009 as to all defendants. The jury trial now set for Tuesday, 5/26/2009 is cancelled and will be rescheduled after 5/15/2009. Victor Tamayo shall file an affidavit or declaration regarding speedy trial, as required by NECrimR 12.1 and/or 12.3, as soon as is practicable. Ordered by Magistrate Judge F. A. Gossett. ( CLS, )ORDER granting 47 Motion to Extend Deadlines, filed by Victor Tamayo (1). The United States is given an extension of time to 4/30/2009 to provide discovery pursuant to Fed. R. Crim. P. 16. Pretrial Motion Deadline extended to 5/15/2009 as to all defendants. The jury trial now set for Tuesday, 5/26/2009 is cancelled and will be rescheduled after 5/15/2009. Victor Tamayo shall file an affidavit or declaration regarding speedy trial, as required by NECrimR 12.1 and/or 12.3, as soon as is practicable. Ordered by Magistrate Judge F. A. Gossett. ( CLS, )
June 10, 2009
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ORDER denying 53 Motion to Continue Trial filed by as to Victor Tamayo (1). Pursuant to NECrimR 57.2, a party may appeal this order by filing an "Appeal ofMagistrate Judge's Order" no later than 6/15/2009. Ordered by Magistrate Judge F. A. Gossett. ( CLS, )ORDER denying 53 Motion to Continue Trial filed by as to Victor Tamayo (1). Pursuant to NECrimR 57.2, a party may appeal this order by filing an "Appeal ofMagistrate Judge's Order" no later than 6/15/2009. Ordered by Magistrate Judge F. A. Gossett. ( CLS, )
June 12, 2009
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ORDER denying 55 Motion to Continue Trial as to Victor Tamayo (1), Bonfilio Aviles (2). Ordered by Magistrate Judge F. A. Gossett. ( CLS, )ORDER denying 55 Motion to Continue Trial as to Victor Tamayo (1), Bonfilio Aviles (2). Ordered by Magistrate Judge F. A. Gossett. ( CLS, )
June 16, 2009
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ORDER RE: TRIAL PREPARATION (Criminal Jury Trial) as to Defendants Victor Tamayo and Bonfilio Aviles. Ordered by Judge Laurie Smith Camp. (JB)ORDER RE: TRIAL PREPARATION (Criminal Jury Trial) as to Defendants Victor Tamayo and Bonfilio Aviles. Ordered by Judge Laurie Smith Camp. (JB)
June 16, 2009
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MEMORANDUM AND ORDER - The appeal from the Magistrate Judge's order (Filing No. 57) filed by the Defendant, Victor Tamayo, is granted. The Magistrate Judge's order (Filing No. 54) is overruled. Trial in this matter is continued to July 21, 2009, with the attorneys meeting in chambers at 8:30 a.m. The time between today's date and the trial date is excluded for purposes of computing the limits under the Speedy Trial Act because the ends of justice outweigh the best interest of the Defendant in a speedy trial and for the reasons stated in the Memorandum. 18 U.S.C. §§ 3161(h)(8)(A) & (B). Any objection to this speedy trial exclusion must be filed within five (5) business days of the filing date of this order. Ordered by Judge Laurie Smith Camp. ( TCL )
October 14, 2009
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PRELIMINARY ORDER OF FORFEITURE - The United States' Motion for Issuance of Preliminary Order of Forfeiture (Filing No. 86) is hereby sustained. Based upon Count V of the Superseding Indictment, Counts III and IV of the Information and the Defendants' pleas of guilty, the United States is hereby authorized to seize the $860 and $4,556.00 in United States currency and a Taurus.40 caliber model PT 24/7 Pro, serial number SAM90533. The Defendants' interests in said properties are 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 Order of 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 )PRELIMINARY ORDER OF FORFEITURE - The United States' Motion for Issuance of Preliminary Order of Forfeiture (Filing No. 86) is hereby sustained. Based upon Count V of the Superseding Indictment, Counts III and IV of the Information and the Defendants' pleas of guilty, the United States is hereby authorized to seize the $860 and $4,556.00 in United States currency and a Taurus.40 caliber model PT 24/7 Pro, serial number SAM90533. The Defendants' interests in said properties are 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 Order of 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 )
October 22, 2009
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TENTATIVE FINDINGS OF FACT regarding Presentence Investigation Report as to Defendant Victor Tamayo. Ordered by Judge Laurie Smith Camp. (JB)
November 17, 2009
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TENTATIVE FINDINGS regarding the Presentence Investigation Report as to Defendant Bonfilio Aviles. Ordered by Judge Laurie Smith Camp. (JB)
December 27, 2010
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MEMORANDUM AND ORDER -The Court has completed the initial review of the Defendants Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody (§ 2255 motion) (Filing No. 117); Claims II(A), III, IV, and V are summarily dismissed; Upon initial review, the Court finds that summary dismissal of Claims I and II(B) of the Defendant's § 2255 motion is not required; On or before January 28, 2011, the United States shall file an Answer to Claims I and II(B) of the defendant's § 2255 motion and support its Answer with a brief; and On or before February 28, 2011, the Defendant may file a responsive brief; The Defendant's motion for leave to proceed in forma pauperis (Filing No.119) is 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 as to Victor Tamayo . Ordered by Judge Laurie Smith Camp. (Copies mailed as directed)(MKR) Modified on 12/29/2010 to add defendant's name (MKR).
April 21, 2011
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MEMORANDUM AND ORDER as to Victor Tamayo (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. 117) is denied as follows: a. Claims II(A), III, IV, and V are summarily denied; b. Claims I and II(B) are denied on the merits. The Defendant's motion for leave to proceed in forma pauperis (Filing No. 119) is denied. 3. A separate Judgment will be issued. The Clerk is directed to mail a copy of this memorandum and order to theDefendant at his last known address. Ordered by Judge Laurie Smith Camp. (Copy mailed to pro se party)( GJG ) Civil Case 8:10-cv-00456-LSC closed.
January 12, 2016
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ORDER REDUCING SENTENCE - USSC Amendment as to Victor Tamayo (1). Defendant's previously imposed sentence of imprisonment of 135 months is reduced to 120 months. The Defendant's pro se Motion to Reduce Sentence - USSC Amendment (Filing No. 131) is granted, the Defendant's Unopposed Motion to Reduce Sentence - USSC Amendment (Filing No. 137) is granted; and the parties Stipulation regarding the Unopposed Motion to Reduce Sentence - USSC Amendment (Filing No. 138) is approved. Ordered by Chief Judge Laurie Smith Camp. (MKR)
June 1, 2017
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ORDER that the United States Motion to Vacate Preliminary Order of Forfeiture and to Dismiss Count V of the Superseding Indictment and Count III in the Information, ECF No. 141, is granted. The Preliminary Order of Forfeiture, ECF No. 89, is vacated. Count V of the Superseding Indictment, ECF No. 30, and Count III of the Information, ECF No. 76, are dismissed as to defendants Victor Tamayo and Bonfilio Aviles. Ordered by Chief Judge Laurie Smith Camp. (LAC)ORDER that the United States Motion to Vacate Preliminary Order of Forfeiture and to Dismiss Count V of the Superseding Indictment and Count III in the Information, ECF No. 141, is granted. The Preliminary Order of Forfeiture, ECF No. 89, is vacated. Count V of the Superseding Indictment, ECF No. 30, and Count III of the Information, ECF No. 76, are dismissed as to defendants Victor Tamayo and Bonfilio Aviles. Ordered by Chief Judge Laurie Smith Camp. (LAC)
May 11, 2018
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ORDER regarding PETITION FOR OFFENDER UNDER SUPERVISION 144 as to defendant Bonfilio Aviles. A final dispositional hearing will be held before Chief Judge Smith Camp in Courtroom No. 2, Third Floor, Roman L. Hruska U.S. Courthouse, 111 South 18th Plaza, Omaha, Nebraska, on May 21, 2018 at 2:30 p.m.. Defendant must be present in person. Ordered by Magistrate Judge Michael D. Nelson. (LAC)
May 11, 2018
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AMENDED ORDER regarding PETITION FOR OFFENDER UNDER SUPERVISION 144 as to defendant Bonfilio Aviles. A final dispositional hearing will be held before Chief Judge Smith Camp in Courtroom No. 2, Third Floor, Roman L. Hruska U.S. Courthouse, 111 South 18th Plaza, Omaha, Nebraska, on June 21, 2018 at 2:30 p.m.. Defendant must be present in person. Ordered by Magistrate Judge Michael D. Nelson. (LAC)