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09-081 - USA v. Hawthorne et al


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09-081 - USA v. Hawthorne et al
March 3, 2009
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ORDER APPOINTING COUNSEL as to defendant Jason Hawthorne - the Federal Public Defender is appointed to represent the defendant. Ordered by Magistrate Judge Thomas D. Thalken. (MBB)[8:09-mj-00048-TDT]
March 3, 2009
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ORDER APPOINTING COUNSEL as to defendant Kenny Dofner - Barbara J. Thielen is appointed to represent the defendant. Ordered by Magistrate Judge Thomas D. Thalken. (MBB)[8:09-mj-00048-TDT]
March 3, 2009
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ORDER APPOINTING COUNSEL as to defendant Gregory Stanek - Dana C. Bradford, III is appointed to represent the defendant. Ordered by Magistrate Judge Thomas D. Thalken. (MBB)[8:09-mj-00048-TDT]
March 3, 2009
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ORDER APPOINTING COUNSEL as to defendant Chad Winters - Donald L. Schense is appointed to represent the defendant. Ordered by Magistrate Judge Thomas D. Thalken. (MBB)[8:09-mj-00048-TDT]
March 3, 2009
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ORDER of Detention pending trial as to defendant Jason Hawthorne. Ordered by Magistrate Judge Thomas D. Thalken. (JAE, )[8:09-mj-00048-TDT]
March 3, 2009
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ORDER APPOINTING COUNSEL as to defendant Michael Davis - James R. Kozel is appointed to represent the defendant. Ordered by Magistrate Judge Thomas D. Thalken. (MBB)[8:09-mj-00049-TDT]
March 4, 2009
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ORDER of Detention pending trial as to defendant Michael Davis Ordered by Magistrate Judge Thomas D. Thalken. (CJP)[8:09-mj-00049-TDT]
March 9, 2009
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ORDER of Detention pending trial as to defendant Chad Winters. Ordered by Magistrate Judge Thomas D. Thalken. (KBJ)[8:09-mj-00048-TDT]
March 9, 2009
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ORDER of Detention pending trial as to defendant Gregory Stanek. Ordered by Magistrate Judge Thomas D. Thalken. (KBJ)[8:09-mj-00048-TDT]
March 9, 2009
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ORDER of Detention pending trial as to defendant Kenny Dofner. Ordered by Magistrate Judge Thomas D. Thalken. (KBJ)[8:09-mj-00048-TDT]
March 25, 2009
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ORDER APPOINTING COUNSEL as to defendant Bradford Winnie - Beau G. Finley is appointed as counsel for the defendant. Ordered by Magistrate Judge Thomas D. Thalken. (MBB)
April 2, 2009
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ORDER of Detention pending trial as to defendant Bradford Winnie. Ordered by Magistrate Judge Thomas D. Thalken. (KBJ)
April 15, 2009
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ORDER - The motions to extend 57, ]61, 64, 58, and 62 are provisionally granted. Each moving defendant shall file his affidavit required by Paragraph 9 of the progression order on or before April 21, 2009. All defendants are given until June 18, 2009, in which to file pretrial motions in accordance with the progression order. The time between April 15, 2009 and June 18, 2009, shall be deemed excluded under the Speedy Trial Act as to all defendants. Ordered by Magistrate Judge Thomas D. Thalken. (KBJ)ORDER - The motions to extend 57, ]61, 64, 58, and 62 are provisionally granted. Each moving defendant shall file his affidavit required by Paragraph 9 of the progression order on or before April 21, 2009. All defendants are given until June 18, 2009, in which to file pretrial motions in accordance with the progression order. The time between April 15, 2009 and June 18, 2009, shall be deemed excluded under the Speedy Trial Act as to all defendants. Ordered by Magistrate Judge Thomas D. Thalken. (KBJ)ORDER - The motions to extend 57, ]61, 64, 58, and 62 are provisionally granted. Each moving defendant shall file his affidavit required by Paragraph 9 of the progression order on or before April 21, 2009. All defendants are given until June 18, 2009, in which to file pretrial motions in accordance with the progression order. The time between April 15, 2009 and June 18, 2009, shall be deemed excluded under the Speedy Trial Act as to all defendants. Ordered by Magistrate Judge Thomas D. Thalken. (KBJ)ORDER - The motions to extend 57, ]61, 64, 58, and 62 are provisionally granted. Each moving defendant shall file his affidavit required by Paragraph 9 of the progression order on or before April 21, 2009. All defendants are given until June 18, 2009, in which to file pretrial motions in accordance with the progression order. The time between April 15, 2009 and June 18, 2009, shall be deemed excluded under the Speedy Trial Act as to all defendants. Ordered by Magistrate Judge Thomas D. Thalken. (KBJ)ORDER - The motions to extend 57, ]61, 64, 58, and 62 are provisionally granted. Each moving defendant shall file his affidavit required by Paragraph 9 of the progression order on or before April 21, 2009. All defendants are given until June 18, 2009, in which to file pretrial motions in accordance with the progression order. The time between April 15, 2009 and June 18, 2009, shall be deemed excluded under the Speedy Trial Act as to all defendants. Ordered by Magistrate Judge Thomas D. Thalken. (KBJ)ORDER - The motions to extend 57, ]61, 64, 58, and 62 are provisionally granted. Each moving defendant shall file his affidavit required by Paragraph 9 of the progression order on or before April 21, 2009. All defendants are given until June 18, 2009, in which to file pretrial motions in accordance with the progression order. The time between April 15, 2009 and June 18, 2009, shall be deemed excluded under the Speedy Trial Act as to all defendants. Ordered by Magistrate Judge Thomas D. Thalken. (KBJ)
June 1, 2009
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ORDER denying 114 Motion to Review as to Kenny Dofner (4). Ordered by Magistrate Judge Thomas D. Thalken. (PAV)
June 1, 2009
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ORDER denying 80 Motion to Review as to Chad Winters (3). Ordered by Magistrate Judge Thomas D. Thalken. (PAV)
September 9, 2009
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ORDER - The motions to sever 55, 118, 120, and 122 are denied. Pursuant to NECrimR 57.2 any appeal of this Order shall be filed with the Clerk of the Court within ten (10) business days after being served with a copy of this Order. Failure to timely appeal may constitute a waiver of any objection to the Order. The brief in support of any appeal shall be filed at the time of filing such appeal. Failure to file a brief in support of any appeal may be deemed an abandonment of the appeal as to defedants, Gregory Stanek, Bradford Winnie,, Michael Davis, Chad Winters, Jason Hawthorne, and Kenny Dofner. Ordered by Magistrate Judge Thomas D. Thalken. (KBJ) Modified on 9/11/2009 to edit text to reflect all defendants in this entry (KBJ).ORDER - The motions to sever 55, 118, 120, and 122 are denied. Pursuant to NECrimR 57.2 any appeal of this Order shall be filed with the Clerk of the Court within ten (10) business days after being served with a copy of this Order. Failure to timely appeal may constitute a waiver of any objection to the Order. The brief in support of any appeal shall be filed at the time of filing such appeal. Failure to file a brief in support of any appeal may be deemed an abandonment of the appeal as to defedants, Gregory Stanek, Bradford Winnie,, Michael Davis, Chad Winters, Jason Hawthorne, and Kenny Dofner. Ordered by Magistrate Judge Thomas D. Thalken. (KBJ) Modified on 9/11/2009 to edit text to reflect all defendants in this entry (KBJ).ORDER - The motions to sever 55, 118, 120, and 122 are denied. Pursuant to NECrimR 57.2 any appeal of this Order shall be filed with the Clerk of the Court within ten (10) business days after being served with a copy of this Order. Failure to timely appeal may constitute a waiver of any objection to the Order. The brief in support of any appeal shall be filed at the time of filing such appeal. Failure to file a brief in support of any appeal may be deemed an abandonment of the appeal as to defedants, Gregory Stanek, Bradford Winnie,, Michael Davis, Chad Winters, Jason Hawthorne, and Kenny Dofner. Ordered by Magistrate Judge Thomas D. Thalken. (KBJ) Modified on 9/11/2009 to edit text to reflect all defendants in this entry (KBJ).ORDER - The motions to sever 55, 118, 120, and 122 are denied. Pursuant to NECrimR 57.2 any appeal of this Order shall be filed with the Clerk of the Court within ten (10) business days after being served with a copy of this Order. Failure to timely appeal may constitute a waiver of any objection to the Order. The brief in support of any appeal shall be filed at the time of filing such appeal. Failure to file a brief in support of any appeal may be deemed an abandonment of the appeal as to defedants, Gregory Stanek, Bradford Winnie,, Michael Davis, Chad Winters, Jason Hawthorne, and Kenny Dofner. Ordered by Magistrate Judge Thomas D. Thalken. (KBJ) Modified on 9/11/2009 to edit text to reflect all defendants in this entry (KBJ).ORDER - The motions to sever 55, 118, 120, and 122 are denied. Pursuant to NECrimR 57.2 any appeal of this Order shall be filed with the Clerk of the Court within ten (10) business days after being served with a copy of this Order. Failure to timely appeal may constitute a waiver of any objection to the Order. The brief in support of any appeal shall be filed at the time of filing such appeal. Failure to file a brief in support of any appeal may be deemed an abandonment of the appeal as to defedants, Gregory Stanek, Bradford Winnie,, Michael Davis, Chad Winters, Jason Hawthorne, and Kenny Dofner. Ordered by Magistrate Judge Thomas D. Thalken. (KBJ) Modified on 9/11/2009 to edit text to reflect all defendants in this entry (KBJ).ORDER - The motions to sever 55, 118, 120, and 122 are denied. Pursuant to NECrimR 57.2 any appeal of this Order shall be filed with the Clerk of the Court within ten (10) business days after being served with a copy of this Order. Failure to timely appeal may constitute a waiver of any objection to the Order. The brief in support of any appeal shall be filed at the time of filing such appeal. Failure to file a brief in support of any appeal may be deemed an abandonment of the appeal as to defedants, Gregory Stanek, Bradford Winnie,, Michael Davis, Chad Winters, Jason Hawthorne, and Kenny Dofner. Ordered by Magistrate Judge Thomas D. Thalken. (KBJ) Modified on 9/11/2009 to edit text to reflect all defendants in this entry (KBJ).
September 21, 2009
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ORDER RE: TRIAL PREPARATION (Criminal Jury Trial) as to Defendants Jason Hawthorne, Kenny Dofner, Gregory Stanek, Chad Winters, Michael Davis, and Bradford Winnie. Ordered by Judge Laurie Smith Camp. (JB)ORDER RE: TRIAL PREPARATION (Criminal Jury Trial) as to Defendants Jason Hawthorne, Kenny Dofner, Gregory Stanek, Chad Winters, Michael Davis, and Bradford Winnie. Ordered by Judge Laurie Smith Camp. (JB)ORDER RE: TRIAL PREPARATION (Criminal Jury Trial) as to Defendants Jason Hawthorne, Kenny Dofner, Gregory Stanek, Chad Winters, Michael Davis, and Bradford Winnie. Ordered by Judge Laurie Smith Camp. (JB)ORDER RE: TRIAL PREPARATION (Criminal Jury Trial) as to Defendants Jason Hawthorne, Kenny Dofner, Gregory Stanek, Chad Winters, Michael Davis, and Bradford Winnie. Ordered by Judge Laurie Smith Camp. (JB)ORDER RE: TRIAL PREPARATION (Criminal Jury Trial) as to Defendants Jason Hawthorne, Kenny Dofner, Gregory Stanek, Chad Winters, Michael Davis, and Bradford Winnie. Ordered by Judge Laurie Smith Camp. (JB)ORDER RE: TRIAL PREPARATION (Criminal Jury Trial) as to Defendants Jason Hawthorne, Kenny Dofner, Gregory Stanek, Chad Winters, Michael Davis, and Bradford Winnie. Ordered by Judge Laurie Smith Camp. (JB)
September 22, 2009
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SCHEDULING ORDER. Jury Trial set for 1/19/2010 at 9:00 AM in Courtroom 2, Federal Building, 111 South 18th Plaza, Omaha, NE before Judge Laurie Smith Camp. Any appeal of Order 143 shall be filed no later than 9/25/2009. All motions in limine shall be filed on or before 11/30/2009. On or before 12/18/2009, counsel for the United States shall present all defendants with proposed stipulations of fact. All defendants are given until and including 1/5/2010 to respond to the government's proposed stipulations of fact. The time between 10/6/2009 and 1/19/2010 is excluded under the Speedy Trial Act. Ordered by Magistrate Judge F. A. Gossett. (CLS, )SCHEDULING ORDER. Jury Trial set for 1/19/2010 at 9:00 AM in Courtroom 2, Federal Building, 111 South 18th Plaza, Omaha, NE before Judge Laurie Smith Camp. Any appeal of Order 143 shall be filed no later than 9/25/2009. All motions in limine shall be filed on or before 11/30/2009. On or before 12/18/2009, counsel for the United States shall present all defendants with proposed stipulations of fact. All defendants are given until and including 1/5/2010 to respond to the government's proposed stipulations of fact. The time between 10/6/2009 and 1/19/2010 is excluded under the Speedy Trial Act. Ordered by Magistrate Judge F. A. Gossett. (CLS, )SCHEDULING ORDER. Jury Trial set for 1/19/2010 at 9:00 AM in Courtroom 2, Federal Building, 111 South 18th Plaza, Omaha, NE before Judge Laurie Smith Camp. Any appeal of Order 143 shall be filed no later than 9/25/2009. All motions in limine shall be filed on or before 11/30/2009. On or before 12/18/2009, counsel for the United States shall present all defendants with proposed stipulations of fact. All defendants are given until and including 1/5/2010 to respond to the government's proposed stipulations of fact. The time between 10/6/2009 and 1/19/2010 is excluded under the Speedy Trial Act. Ordered by Magistrate Judge F. A. Gossett. (CLS, )SCHEDULING ORDER. Jury Trial set for 1/19/2010 at 9:00 AM in Courtroom 2, Federal Building, 111 South 18th Plaza, Omaha, NE before Judge Laurie Smith Camp. Any appeal of Order 143 shall be filed no later than 9/25/2009. All motions in limine shall be filed on or before 11/30/2009. On or before 12/18/2009, counsel for the United States shall present all defendants with proposed stipulations of fact. All defendants are given until and including 1/5/2010 to respond to the government's proposed stipulations of fact. The time between 10/6/2009 and 1/19/2010 is excluded under the Speedy Trial Act. Ordered by Magistrate Judge F. A. Gossett. (CLS, )SCHEDULING ORDER. Jury Trial set for 1/19/2010 at 9:00 AM in Courtroom 2, Federal Building, 111 South 18th Plaza, Omaha, NE before Judge Laurie Smith Camp. Any appeal of Order 143 shall be filed no later than 9/25/2009. All motions in limine shall be filed on or before 11/30/2009. On or before 12/18/2009, counsel for the United States shall present all defendants with proposed stipulations of fact. All defendants are given until and including 1/5/2010 to respond to the government's proposed stipulations of fact. The time between 10/6/2009 and 1/19/2010 is excluded under the Speedy Trial Act. Ordered by Magistrate Judge F. A. Gossett. (CLS, )SCHEDULING ORDER. Jury Trial set for 1/19/2010 at 9:00 AM in Courtroom 2, Federal Building, 111 South 18th Plaza, Omaha, NE before Judge Laurie Smith Camp. Any appeal of Order 143 shall be filed no later than 9/25/2009. All motions in limine shall be filed on or before 11/30/2009. On or before 12/18/2009, counsel for the United States shall present all defendants with proposed stipulations of fact. All defendants are given until and including 1/5/2010 to respond to the government's proposed stipulations of fact. The time between 10/6/2009 and 1/19/2010 is excluded under the Speedy Trial Act. Ordered by Magistrate Judge F. A. Gossett. (CLS, )
October 19, 2009
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ORDER denying 153 the Defendant's appeal from the Magistrate Judges Order; and affirming 143 the Magistrate Judge's order denying severance as to Bradford Winnie (6). Ordered by Judge Laurie Smith Camp. (JB)
October 19, 2009
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AMENDED ORDER denying 153 the Defendant's appeal from the Magistrate Judge's Order; and affirming 143 the Magistrate Judge's order denying severance as to Bradford Winnie (6). Ordered by Judge Laurie Smith Camp. (JB)
December 2, 2009
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ORDER - The Defendant's Motion in Limine 157 is held in abeyance and will be decided at the conference scheduled in chambers on the first day of trial as to defendant Jason Hawthorne. Ordered by Judge Laurie Smith Camp. (KBJ)
January 11, 2010
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ORDER RE: Trial Preparation (Criminal Jury Trial) as to Defendant Bradford Winnie. Ordered by Judge Laurie Smith Camp. (JB)
February 17, 2010
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PRELIMINARY ORDER OF FORFEITURE - The United States' Motion for Issuance of Preliminary Order of Forfeiture 213 is denied with respect to Defendant Jason Hawthorne and Count VIII, and otherwise the motion is granted. Aside from the exception stated in (A) above, based on Counts V, VIII, XIV, and XIX of the Superseding Indictment and the Defendants' pleas of guilty, the United States is hereby authorized to seize the 406.00 in United States currency, a New England Firearms, Model: Pardner SBI, 12-gauge short-barreled shotgun, serial no. NK272765, and a Jennings Firearms semi-automatic pistol, Model : J-22,.22 caliber, serial no. 531602, a Ruger Rifle, Model: 77/17,.17 caliber, serial no. 703-25984, a Thompson (Center Arms Co.) Rifle, Model: Encore, 7mm-08 caliber, serial no. PS67950, a Ruger Rifle, Model: M77 Mark II, 280 caliber, serial no. 784-59858, a Ruger Rifle, Model: M77, 22-250 caliber, serial no. 710-49091, an Armalite Rifle, Model: AR-10, 7.62x39 caliber, serial no. US306550, a Norinco (North China Industries) Rifle, Model: MAK-90 Sporter, 7.62x39 caliber, serial no. 9324931, a Springfield XD 40 handgun, serial no. US268355, and a Hunter Arms Co. 12-gauge shotgun, Model: Hunter One Trigger, serial no. 205454. Aside from the exception stated in (A) above, the Defendants' interests in said properties are forfeited to the United States for disposition in accordance with the law. Aside from the exception stated in (A) above, the 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 Jason Hawthorne, Michael Davis, Chad Winters, Kenny Dofner, Gregory Stanek, and Bradford Winnie. Ordered by Judge Laurie Smith Camp. (1 Certified copy to USM) (KBJ)PRELIMINARY ORDER OF FORFEITURE - The United States' Motion for Issuance of Preliminary Order of Forfeiture 213 is denied with respect to Defendant Jason Hawthorne and Count VIII, and otherwise the motion is granted. Aside from the exception stated in (A) above, based on Counts V, VIII, XIV, and XIX of the Superseding Indictment and the Defendants' pleas of guilty, the United States is hereby authorized to seize the 406.00 in United States currency, a New England Firearms, Model: Pardner SBI, 12-gauge short-barreled shotgun, serial no. NK272765, and a Jennings Firearms semi-automatic pistol, Model : J-22,.22 caliber, serial no. 531602, a Ruger Rifle, Model: 77/17,.17 caliber, serial no. 703-25984, a Thompson (Center Arms Co.) Rifle, Model: Encore, 7mm-08 caliber, serial no. PS67950, a Ruger Rifle, Model: M77 Mark II, 280 caliber, serial no. 784-59858, a Ruger Rifle, Model: M77, 22-250 caliber, serial no. 710-49091, an Armalite Rifle, Model: AR-10, 7.62x39 caliber, serial no. US306550, a Norinco (North China Industries) Rifle, Model: MAK-90 Sporter, 7.62x39 caliber, serial no. 9324931, a Springfield XD 40 handgun, serial no. US268355, and a Hunter Arms Co. 12-gauge shotgun, Model: Hunter One Trigger, serial no. 205454. Aside from the exception stated in (A) above, the Defendants' interests in said properties are forfeited to the United States for disposition in accordance with the law. Aside from the exception stated in (A) above, the 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 Jason Hawthorne, Michael Davis, Chad Winters, Kenny Dofner, Gregory Stanek, and Bradford Winnie. Ordered by Judge Laurie Smith Camp. (1 Certified copy to USM) (KBJ)PRELIMINARY ORDER OF FORFEITURE - The United States' Motion for Issuance of Preliminary Order of Forfeiture 213 is denied with respect to Defendant Jason Hawthorne and Count VIII, and otherwise the motion is granted. Aside from the exception stated in (A) above, based on Counts V, VIII, XIV, and XIX of the Superseding Indictment and the Defendants' pleas of guilty, the United States is hereby authorized to seize the 406.00 in United States currency, a New England Firearms, Model: Pardner SBI, 12-gauge short-barreled shotgun, serial no. NK272765, and a Jennings Firearms semi-automatic pistol, Model : J-22,.22 caliber, serial no. 531602, a Ruger Rifle, Model: 77/17,.17 caliber, serial no. 703-25984, a Thompson (Center Arms Co.) Rifle, Model: Encore, 7mm-08 caliber, serial no. PS67950, a Ruger Rifle, Model: M77 Mark II, 280 caliber, serial no. 784-59858, a Ruger Rifle, Model: M77, 22-250 caliber, serial no. 710-49091, an Armalite Rifle, Model: AR-10, 7.62x39 caliber, serial no. US306550, a Norinco (North China Industries) Rifle, Model: MAK-90 Sporter, 7.62x39 caliber, serial no. 9324931, a Springfield XD 40 handgun, serial no. US268355, and a Hunter Arms Co. 12-gauge shotgun, Model: Hunter One Trigger, serial no. 205454. Aside from the exception stated in (A) above, the Defendants' interests in said properties are forfeited to the United States for disposition in accordance with the law. Aside from the exception stated in (A) above, the 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 Jason Hawthorne, Michael Davis, Chad Winters, Kenny Dofner, Gregory Stanek, and Bradford Winnie. Ordered by Judge Laurie Smith Camp. (1 Certified copy to USM) (KBJ)PRELIMINARY ORDER OF FORFEITURE - The United States' Motion for Issuance of Preliminary Order of Forfeiture 213 is denied with respect to Defendant Jason Hawthorne and Count VIII, and otherwise the motion is granted. Aside from the exception stated in (A) above, based on Counts V, VIII, XIV, and XIX of the Superseding Indictment and the Defendants' pleas of guilty, the United States is hereby authorized to seize the 406.00 in United States currency, a New England Firearms, Model: Pardner SBI, 12-gauge short-barreled shotgun, serial no. NK272765, and a Jennings Firearms semi-automatic pistol, Model : J-22,.22 caliber, serial no. 531602, a Ruger Rifle, Model: 77/17,.17 caliber, serial no. 703-25984, a Thompson (Center Arms Co.) Rifle, Model: Encore, 7mm-08 caliber, serial no. PS67950, a Ruger Rifle, Model: M77 Mark II, 280 caliber, serial no. 784-59858, a Ruger Rifle, Model: M77, 22-250 caliber, serial no. 710-49091, an Armalite Rifle, Model: AR-10, 7.62x39 caliber, serial no. US306550, a Norinco (North China Industries) Rifle, Model: MAK-90 Sporter, 7.62x39 caliber, serial no. 9324931, a Springfield XD 40 handgun, serial no. US268355, and a Hunter Arms Co. 12-gauge shotgun, Model: Hunter One Trigger, serial no. 205454. Aside from the exception stated in (A) above, the Defendants' interests in said properties are forfeited to the United States for disposition in accordance with the law. Aside from the exception stated in (A) above, the 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 Jason Hawthorne, Michael Davis, Chad Winters, Kenny Dofner, Gregory Stanek, and Bradford Winnie. Ordered by Judge Laurie Smith Camp. (1 Certified copy to USM) (KBJ)PRELIMINARY ORDER OF FORFEITURE - The United States' Motion for Issuance of Preliminary Order of Forfeiture 213 is denied with respect to Defendant Jason Hawthorne and Count VIII, and otherwise the motion is granted. Aside from the exception stated in (A) above, based on Counts V, VIII, XIV, and XIX of the Superseding Indictment and the Defendants' pleas of guilty, the United States is hereby authorized to seize the 406.00 in United States currency, a New England Firearms, Model: Pardner SBI, 12-gauge short-barreled shotgun, serial no. NK272765, and a Jennings Firearms semi-automatic pistol, Model : J-22,.22 caliber, serial no. 531602, a Ruger Rifle, Model: 77/17,.17 caliber, serial no. 703-25984, a Thompson (Center Arms Co.) Rifle, Model: Encore, 7mm-08 caliber, serial no. PS67950, a Ruger Rifle, Model: M77 Mark II, 280 caliber, serial no. 784-59858, a Ruger Rifle, Model: M77, 22-250 caliber, serial no. 710-49091, an Armalite Rifle, Model: AR-10, 7.62x39 caliber, serial no. US306550, a Norinco (North China Industries) Rifle, Model: MAK-90 Sporter, 7.62x39 caliber, serial no. 9324931, a Springfield XD 40 handgun, serial no. US268355, and a Hunter Arms Co. 12-gauge shotgun, Model: Hunter One Trigger, serial no. 205454. Aside from the exception stated in (A) above, the Defendants' interests in said properties are forfeited to the United States for disposition in accordance with the law. Aside from the exception stated in (A) above, the 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 Jason Hawthorne, Michael Davis, Chad Winters, Kenny Dofner, Gregory Stanek, and Bradford Winnie. Ordered by Judge Laurie Smith Camp. (1 Certified copy to USM) (KBJ)PRELIMINARY ORDER OF FORFEITURE - The United States' Motion for Issuance of Preliminary Order of Forfeiture 213 is denied with respect to Defendant Jason Hawthorne and Count VIII, and otherwise the motion is granted. Aside from the exception stated in (A) above, based on Counts V, VIII, XIV, and XIX of the Superseding Indictment and the Defendants' pleas of guilty, the United States is hereby authorized to seize the 406.00 in United States currency, a New England Firearms, Model: Pardner SBI, 12-gauge short-barreled shotgun, serial no. NK272765, and a Jennings Firearms semi-automatic pistol, Model : J-22,.22 caliber, serial no. 531602, a Ruger Rifle, Model: 77/17,.17 caliber, serial no. 703-25984, a Thompson (Center Arms Co.) Rifle, Model: Encore, 7mm-08 caliber, serial no. PS67950, a Ruger Rifle, Model: M77 Mark II, 280 caliber, serial no. 784-59858, a Ruger Rifle, Model: M77, 22-250 caliber, serial no. 710-49091, an Armalite Rifle, Model: AR-10, 7.62x39 caliber, serial no. US306550, a Norinco (North China Industries) Rifle, Model: MAK-90 Sporter, 7.62x39 caliber, serial no. 9324931, a Springfield XD 40 handgun, serial no. US268355, and a Hunter Arms Co. 12-gauge shotgun, Model: Hunter One Trigger, serial no. 205454. Aside from the exception stated in (A) above, the Defendants' interests in said properties are forfeited to the United States for disposition in accordance with the law. Aside from the exception stated in (A) above, the 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 Jason Hawthorne, Michael Davis, Chad Winters, Kenny Dofner, Gregory Stanek, and Bradford Winnie. Ordered by Judge Laurie Smith Camp. (1 Certified copy to USM) (KBJ)
March 8, 2010
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TENTATIVE FINDINGS OF FACT regarding Presentence Investigation Report as to Defendant Chad Winters. Ordered by Judge Laurie Smith Camp. (JB)
March 18, 2010
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TENTATIVE FINDINGS regarding the Revised Presentence Investigation Report as to Defendant Jason Hawthorne. Ordered by Judge Laurie Smith Camp. (JB)
March 18, 2010
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TENTATIVE FINDINGS regarding the Presentence Investigation Report as to Defendant Gregory Stanek. Ordered by Judge Laurie Smith Camp. (JB)
March 22, 2010
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TENTATIVE FINDINGS regarding the Revised Presentence Investigation Report as to Defendant Kenny Dofner. Ordered by Judge Laurie Smith Camp. (JB)
March 24, 2010
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TENTATIVE FINDINGS regarding Presentence Investigation Report as to defendant Michael Davis. Ordered by Judge Laurie Smith Camp. (CJP)
March 24, 2010
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AMENDED TENTATIVE FINDINGS regarding Presentence Investigation Report as to defendant Jason Hawthorne. Ordered by Judge Laurie Smith Camp. (CJP)
March 29, 2010
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TENTATIVE FINDINGS regarding the Presentence Investigation Report as to Defendant Bradford Winnie. Ordered by Judge Laurie Smith Camp. (JB)
April 5, 2010
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ORDER permitting defendant to proceed on appeal in forma pauperis as to defendant Gregory Stanek. Ordered by Judge Laurie Smith Camp. (GJG)
October 20, 2010
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FINAL ORDER OF FORFEITURE sustaining 291 Motion as to Jason Hawthorne (1), Michael Davis (2), Chad Winters (3), Kenny Dofner (4), Gregory Stanek (5), and Bradford Winnie (6). All right, title and interest in and to the subject property, held by any person or entity, is hereby forever barred and foreclosed and forfeited to the United States of America to dispose of in accordance with law. Ordered by Judge Laurie Smith Camp. (1 Certified copy to USM)(JAB)FINAL ORDER OF FORFEITURE sustaining 291 Motion as to Jason Hawthorne (1), Michael Davis (2), Chad Winters (3), Kenny Dofner (4), Gregory Stanek (5), and Bradford Winnie (6). All right, title and interest in and to the subject property, held by any person or entity, is hereby forever barred and foreclosed and forfeited to the United States of America to dispose of in accordance with law. Ordered by Judge Laurie Smith Camp. (1 Certified copy to USM)(JAB)FINAL ORDER OF FORFEITURE sustaining 291 Motion as to Jason Hawthorne (1), Michael Davis (2), Chad Winters (3), Kenny Dofner (4), Gregory Stanek (5), and Bradford Winnie (6). All right, title and interest in and to the subject property, held by any person or entity, is hereby forever barred and foreclosed and forfeited to the United States of America to dispose of in accordance with law. Ordered by Judge Laurie Smith Camp. (1 Certified copy to USM)(JAB)FINAL ORDER OF FORFEITURE sustaining 291 Motion as to Jason Hawthorne (1), Michael Davis (2), Chad Winters (3), Kenny Dofner (4), Gregory Stanek (5), and Bradford Winnie (6). All right, title and interest in and to the subject property, held by any person or entity, is hereby forever barred and foreclosed and forfeited to the United States of America to dispose of in accordance with law. Ordered by Judge Laurie Smith Camp. (1 Certified copy to USM)(JAB)FINAL ORDER OF FORFEITURE sustaining 291 Motion as to Jason Hawthorne (1), Michael Davis (2), Chad Winters (3), Kenny Dofner (4), Gregory Stanek (5), and Bradford Winnie (6). All right, title and interest in and to the subject property, held by any person or entity, is hereby forever barred and foreclosed and forfeited to the United States of America to dispose of in accordance with law. Ordered by Judge Laurie Smith Camp. (1 Certified copy to USM)(JAB)FINAL ORDER OF FORFEITURE sustaining 291 Motion as to Jason Hawthorne (1), Michael Davis (2), Chad Winters (3), Kenny Dofner (4), Gregory Stanek (5), and Bradford Winnie (6). All right, title and interest in and to the subject property, held by any person or entity, is hereby forever barred and foreclosed and forfeited to the United States of America to dispose of in accordance with law. Ordered by Judge Laurie Smith Camp. (1 Certified copy to USM)(JAB)
April 25, 2011
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ORDER denying 296 Motion to Review Sentence as to defendant Chad Winters (3). Ordered by Judge Laurie Smith Camp. (Copy mailed/e-mailed to pro se party) (JAB)
August 12, 2011
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MEMORANDUM AND ORDER - The Court has completed the initial review of 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. 298) as to Chad Winters (3). Upon initial review, the Defendant's § 2255 motiON is summarily denied. A separate Judgment will be issued denying the § 2255 motion. 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) (AOA) Civil Case 8:11-cv-00166-LSC closed.
August 29, 2011
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ORDER - A certificate of appealability is denied. The Court denies the Defendant leave to proceed in forma pauperis on appeal. The Clerk is directed to mail a copy of this Memorandum and Order to the Defendant at his last known address as to defendant Chad Winters. Ordered by Judge Laurie Smith Camp. (Copies mailed as directed)(AOA)
July 3, 2013
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MEMORANDUM AND ORDER as to defendant Chad Winters (3). The Defendant's motion filed under Federal Rule of Civil Procedure 60(b)(4) (Filing No. 314) is denied. The Clerk is directed to mail 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)(GJG) Civil Case 8:13-cv-00196-LSC closed.
October 29, 2013
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MEMORANDUM AND ORDER as to defendant Kenny Dofner (4). Defendant Kenny Dofner's petition for relief under 28 U.S.C. § 2255, and request for certificate of appealability (Filing No. 316) is denied. A separate Judgment will be issued denying the § 2255 motion. The Clerk is directed to mail 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)(GJG) Civil Case 8:13-cv-00311-LSC closed.
November 25, 2013
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MEMORANDUM AND ORDER as to defendant Kenny Dofner. The Defendant's request for an evidentiary hear or certificate of appealability is denied. The Defendant is not allowed to proceed in forma pauperis. The Clerk is directed to mail a copy of this Order to the Defendant at his last known address. Ordered by Chief Judge Laurie Smith Camp. (Copy mailed to pro se party)(GJG)
June 30, 2014
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MEMORANDUM AND ORDER as to defendant Kenny Dofner (4). The Defendant's motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. § 2255 (f)(3) (Filing No. 331) is denied. A separate Judgment will be issued denying the § 2255 motion. The Clerk is directed to mail 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)(GJG) Civil Case 8:14-cv-00188-LSC closed.
September 16, 2015
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ORDER as to defendant Chad Winters (3). Steven D. Winters' Request for CD-Transcript by a Non-Party (Filing No. 337) is granted. Steven D. Winters may contact court reporter Brenda Fauber, at (402) 661-7322, to arrange for the requested preparation and payment. The Clerk of Court shall mail a copy of this order to Steven D. Winters. Ordered by Magistrate Judge Thomas D. Thalken. (Copy mailed as directed)(GJG) Modified on 9/16/2015 to add (Copy mailed to pro se party) (GJG).
November 16, 2015
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ORDER REDUCING SENTENCE - USSC Amendment as to defendant Kenny Dofner. The defendant's previously imposed sentence of imprisonment of 130 months is reduced to 120 months. Ordered by Chief Judge Laurie Smith Camp. (Copy mailed to pro se party)(GJG)
April 3, 2017
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MEMORANDUM AND ORDER as to defendant Gregory Stanek. That the Court completed initial review of 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"). For the reasons stated above, the § 2255 Motion, ECF No. 355, will be summarily dismissed. The Defendant's pro se Motion, ECF No. 358, will be dismissed as moot. A separate Judgment will be entered. The Clerk will mail a copy of this Memorandum and Order to the Defendant at the Defendant's last known address. Ordered by Chief Judge Laurie Smith Camp. (Copy mailed to pro se party)(GJG)
April 3, 2017
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JUDGMENT as to defendant Gregory Stanek. The Court completed initial review of 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"). The § 2255 Motion, ECF No. 355, is summarily dismissed. The Defendant's pro se Motion, ECF No. 358, is dismissed as moot. The Clerk will mail a copy of this Memorandum and Order to the Defendant at the Defendant's last known address. Ordered by Chief Judge Laurie Smith Camp. (Copy mailed to pro se party)(GJG)
April 7, 2017
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MEMORANDUM AND ORDER as to defendant Bradford Winnie (6). That the Court completed initial review of the Defendant's Motion, ECF No. 365, under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody ("§ 2255 Motion"). For the reasons stated above, the § 2255 Motion, ECF No. 365, will be summarily dismissed. A separate Judgment will be entered. The Clerk will mail a copy of this Memorandum and Order to the Defendant at the Defendant's last known address. Ordered by Chief Judge Laurie Smith Camp. (Copy mailed to pro se party)(GJG)
April 7, 2017
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JUDGMENT as to defendant Bradford Winnie. The Court completed initial review of 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"). The § 2255 Motion, ECF No. 365, is summarily dismissed. The Clerk will mail a copy of this Memorandum and Order to the Defendant at the Defendant's last known address. Ordered by Chief Judge Laurie Smith Camp. (Copy mailed to pro se party)(GJG)
May 26, 2017
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MEMORANDUM AND ORDER - THEREFORE, IT IS ORDERED: That the Court completed initial review of 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"). For the reasons stated above, the § 2255 Motion, ECF No. 374, will be summarily dismissed. The Clerk will mail a copy of this Memorandum and Order to the Defendant ant the Defendant's last known address as to Chad Winters. Ordered by Chief Judge Laurie Smith Camp. (Copy mailed to pro se party)( TCL) Civil Case 8:17-cv-00140-LSC closed.
August 14, 2017
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ORDER - IT IS ORDERED: The Defendant's Motion for Reconsideration, ECF No. 377, is denied. The Clerk will mail a copy of this Memorandum and Order to the Defendant ant the Defendant's last known address as to Chad Winters. Ordered by Chief Judge Laurie Smith Camp. (Copy mailed to pro se party)( TCL)