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09-246 - USA v. Luna


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09-246 - USA v. Luna
June 25, 2009
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ORDER APPOINTING COUNSEL as to defendant Fernando M. Luna - the Federal Public Defender is appointed to represent the defendant. Ordered by Magistrate Judge Thomas D. Thalken. (MBM)
June 25, 2009
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ORDER as to defendant Fernando M. Luna - the government's motion for detention 10 pursuant to the Bail Reform Act is held in abeyance pending the defendant's coming into federal custody. The U.S. Marshal for the District of Nebraska is directed to place a detainer with the correctional officer having custody of the defendant. Ordered by Magistrate Judge Thomas D. Thalken. (1 cert. copy to USM)(MBM)
August 28, 2009
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ORDER RE: TRIAL PREPARATION (Criminal Jury Trial) as to Defendant Fernando M. Luna. Ordered by Judge Laurie Smith Camp. (JB)
September 3, 2009
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ORDER that the trial for Defendant Fernando M. Luna is scheduled to begin on Tuesday, September 8, 2009, commencing at 9:00 a.m., or as soon thereafter as the same may be tried, before District Judge Laurie Smith Camp, in Courtroom No. 2, Third Floor, Roman L. Hruska Courthouse,111 S. 18th Plaza, Omaha, Nebraska. It is anticipated that this trial will last approximately 2 days. A Pretrial Conference, beginning at 8:30 a.m., will be held in chambers prior to the start of trial. Counsel is advised that street clothes must be provided for the defendant in any trial proceedings. Ordered by Judge Laurie Smith Camp. (JB)
October 5, 2009
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PRELIMINARY ORDER OF FORFEITURE - The United States' Motion for Issuance of Preliminary Order of Forfeiture (Filing No. 30) is hereby sustained. Based upon Count II of the Indictment and the Defendant's plea of guilty, the UnitedStates is hereby authorized to seize the Winchester Model 94.30-30 rifle. The Defendant's interest in said property is 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 property 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 )
November 17, 2009
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TENTATIVE FINDINGS regarding the Presentence Investigation Report as to Defendant Fernando M. Luna. Ordered by Judge Laurie Smith Camp. (JB)
May 24, 2010
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FINAL ORDER OF FORFEITURE- The Plaintiffs Motion for Final Order of Forfeiture (Filing No. 44 is hereby sustained. All right, title and interest in and to the Winchester Model 94.30-30 rifle held by any person or entity, is hereby forever barred and foreclosed. The Winchester Model 94.30-30 rifle, be, and the same hereby is, forfeited to the United States of America. The United States Bureau of Alcohol, Tobacco, Firearms, and Explosives for the District of Nebraska is directed to dispose of said property in accordance with law as to Fernando M. Luna (1). Ordered by Judge Laurie Smith Camp. (1 Certified copy to USM) (MKR)