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09-192 - USA v. Azpeitia


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09-192 - USA v. Azpeitia
July 7, 2009
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ORDER granting 13 motion to continue as to Antonio R. Azpeitia (1) - Change of Plea Hearing set for 7/31/2009 10:30 AM in Courtroom 5, Roman L. Hruska United States Courthouse, 111 South 18th Plaza, Omaha, NE, before Senior Judge Lyle E. Strom. Additional time between July 9, 2009, and July 31, 2009, shall be deemed excludable under the requirement of the speedy trial act. Ordered by Senior Judge Lyle E. Strom. (JDR)
October 2, 2009
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ORDER granting 24 motion to continue as to Antonio R. Azpeitia (1) - Sentencing set for 11/13/2009 11:30 AM in Courtroom 5, Roman L. Hruska United States Courthouse, 111 South 18th Plaza, Omaha, NE, before Senior Judge Lyle E. Strom. Ordered by Senior Judge Lyle E. Strom. (JDR)
November 18, 2009
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JUDGMENT as to Antonio R. Azpeitia (1), Counts 1, 2,3 - Defendant pleaded guilty to counts I, II and III of the Indictment and is committed to the custody of the UnitedStates Bureau of Prisons to be imprisoned for a term of one hundred forty (140) months, to be served concurrently with the sentence imposed in 8:09CR04; the defendant shall be given credit for time served since June 4, 2009 ; supervised release with special conditions for a term of three (3) years, to be served concurrently with the term imposed in 8:09CR04; $200.00 special asssessment; Final order of forfeiture as to Count III forthcoming as to defendant Antonio R. Azpeitia. Ordered by Senior Judge Lyle E. Strom. (4 Certified copies to USM)(ADB, )
December 2, 2009
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ORDER regarding Notice of Appeal to USCA29 as to defendant Antonio R. Azpeitia. The defendant is permitted to proceed on appeal in forma pauperis. Ordered by Senior Judge Lyle E. Strom. (Copy mailed to defendant.) (JAE, )
December 11, 2009
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STRICKEN - PRELIMINARY ORDER OF FORFEITURE sustaining 35 Motion for Preliminary Forfeiture as to Antonio R. Azpeitia (1); Based upon Count III of the Indictment and the defendant's plea of guilty, the United States is hereby authorized to seize the Smith & Wesson, Model 10- 8,.38 caliber revolver, serial # 5D93525; 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 Senior Judge Lyle E. Strom. (1 Certified copy to USM)( ADB, ) Modified on 1/20/2010 to strike per order 45(ADB, ).
January 20, 2010
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ORDER sustaining 44 Motion to Dismiss Count(s) as to Antonio R. Azpeitia (1); The Preliminary Order of Forfeiture (Filing No. 36) is stricken. Count III of the Indictment is dismissed and the forfeiture pertaining to this case is closed. Ordered by Senior Judge Lyle E. Strom. ( ADB, )
September 9, 2015
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ORDER REDUCING SENTENCE - USSC Amendment as to Antonio R. Azpeitia (1). The defendant's previously imposed sentence of imprisonment of 140 months is reduced to 130 months. Ordered by Senior Judge Lyle E. Strom. (MKR) (Additional attachment added on 9/9/2015: # (1) Sealed A0 247 form) (MKR, ).
September 15, 2016
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MEMORANDUM OPINION - The Federal Public Defender has reviewed this case and determined that defendant had no prior conviction that was used to enhance his sentence. The Johnson decision has no application to his case. Defendant's motion for eligibility status will be denied as moot. The motion to withdraw will be granted, and defendant's motion under 28 U.S.C. § 2255 to vacate, set aside, or correct sentence by a person in federal custody will be denied. A separate order will be entered in accordance with this memorandum opinion as to defendant Antonio R. Azpeitia. Ordered by Senior Judge Lyle E. Strom. (KLF)
September 15, 2016
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ORDER AND JUDGMENT - Defendant's motion for eligibility status 56 is denied as moot. Defendant's motion under 28 U.S.C. § 2255 to vacate, set aside, or correct sentence by a person in federal custody 58 is denied. The motion of Kelly M. Steenbock and the Office of the Federal Public Defender to withdraw as attorney 61 is granted. The clerk of court shall mail a copy of the memorandum opinion and this order and judgment to defendant at his last known address as to Antonio R. Azpeitia. Ordered by Senior Judge Lyle E. Strom. (Copies mailed to defendant of Memorandum Opinion and Order and Judgment) (KLF)