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09-392 - USA v. Hessler et al


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09-392 - USA v. Hessler et al
November 10, 2009
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ORDER of Detention pending trial as to defendant Matthew Nelson. Ordered by Judge Richard G. Kopf. (GJG)
November 10, 2009
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ORDER APPOINTING COUNSEL as to defendant Matthew Nelson. Kevin J. Oursland is appointed as attorney of record for the named defendant. Ordered by Judge Richard G. Kopf. (JAB)
November 12, 2009
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ORDER APPOINTING COUNSEL as to defendant Tony A. Hessler. Joel Lonowski is appointed as attorney of record for the named defendant. Ordered by Judge Richard G. Kopf. (JAB)
November 12, 2009
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ORDER of Detention pending trial as to defendant Tony A. Hessler. Ordered by Judge Richard G. Kopf. (JAB)
March 22, 2010
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PRELIMINARY ORDER OF FORFEITURE sustaining 48 Motion for Preliminary Forfeiture as to Tony A. Hessler (1) and Matthew Nelson (2). The United States is hereby authorized to seize the New England Firearms 12 gauge shotgun, serial # NJ242017. The Defendants' interest in said property is hereby forfeited to the United States for disposition. Upon adjudication of all third-party interests, this Court will enter a Final Order of Forfeiture. Ordered by Judge Richard G. Kopf. (1 Certified copy to USM) (JSF)PRELIMINARY ORDER OF FORFEITURE sustaining 48 Motion for Preliminary Forfeiture as to Tony A. Hessler (1) and Matthew Nelson (2). The United States is hereby authorized to seize the New England Firearms 12 gauge shotgun, serial # NJ242017. The Defendants' interest in said property is hereby forfeited to the United States for disposition. Upon adjudication of all third-party interests, this Court will enter a Final Order of Forfeiture. Ordered by Judge Richard G. Kopf. (1 Certified copy to USM) (JSF)
May 3, 2010
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TENTATIVE FINDINGS OF FACT regarding Revised Presentence Investigation Report as to defendant Tony A. Hessler. It is ordered that:... (2)There are no disputed matters regarding the presentence report and the proper computation of the advisory Guidelines ranges.(3)Except to the extent (if at all) that I have sustained an objection or granted a motion or reserved an issue for later resolution in the preceding paragraph, the parties are herewith notified that my tentative findings are that the presentence report is correct in all respects. ETC. Ordered by Judge Richard G. Kopf. (KLL, )
May 13, 2010
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FINAL ORDER OF FORFEITURE - The plaintiff's Motion for Final Order of Forfeiture, filing 54 is hereby sustained as to defendants Tony A. Hessler and Matthew Nelson. All right, title and interest in and to the New England Firearms 12 gauge shotgun, serial number NJ242017 held by any person or entity, is hereby forever barred and foreclosed and the same 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. Ordered by Judge Richard G. Kopf. (1 Certified copy to USM)( GJG)FINAL ORDER OF FORFEITURE - The plaintiff's Motion for Final Order of Forfeiture, filing 54 is hereby sustained as to defendants Tony A. Hessler and Matthew Nelson. All right, title and interest in and to the New England Firearms 12 gauge shotgun, serial number NJ242017 held by any person or entity, is hereby forever barred and foreclosed and the same 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. Ordered by Judge Richard G. Kopf. (1 Certified copy to USM)( GJG)
May 25, 2010
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TENTATIVE FINDINGS OF FACT regarding Revised Presentence Investigation Report and Addendum as to defendant Matthew Nelson. It is ordered that:... (2)The defendant's objection regarding a destructive device and failure to report 62 will be resolved at an evidentiary hearing, with sentencing to follow. If the parties require additional time beyond the one-half hour scheduled for this matter, counsel should advise me.(3)Except to the extent (if at all) that I have sustained an objection or granted a motion or reserved an issue for later resolution in the preceding paragraph, the parties are herewith notified that my tentative findings are that the presentence report is correct in all respects. ETC. Ordered by Judge Richard G. Kopf. (KLL, )
June 23, 2016
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ORDER - This case is held in abeyance until further order of this court. Counsel shall promptly advise me when the United States Court of Appeals for the Eighth Circuit or the United States Supreme Court decides one way or the other whether the Johnson decision applies to a case (i) where the underlying criminal action was final before Johnson was decided and (ii) that involves a challenge to the residual clause of U.S.S.G. § 4B1.2(a)(2) based upon Johnson. Ordered by Senior Judge Richard G. Kopf. (KLF)
March 24, 2017
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MEMORANDUM AND ORDER that the United States has filed a notice (filing no. 87) noting the Supreme Court's decision in Beckles v. United States. The United States further asserts that the holding in Johnson, therefore, does not apply to the Guideline issues raised by the defendant in this case. Accordingly, IT IS ORDERED that: (1) If the defendant disagrees with the government, the defendant shall file a notice of disagreement together with a supporting brief no later than April 3, 2017. (2) If no notice of disagreement and brief are filed by the defendant, the pending § 2255 motion in this case will be dismissed without prejudice. (3) If a notice of disagreement and brief are filed by the defendant, I will issue a decision determining whether Beckles is dispositive as to defendant Matthew Nelson. Ordered by Senior Judge Richard G. Kopf. (ADB)
April 5, 2017
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ORDER - that the defendant's motion to vacate under 28 U.S.C. § 2255 (Johnson) (filing no. 84) is dismissed without prejudice as to Matthew Nelson. Ordered by Senior Judge Richard G. Kopf. (KLF)
April 18, 2018
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ORDER APPOINTING COUNSEL - The Federal Public Defender for the District of Nebraska is appointed to represent the defendant in this matter as to defendant Matthew Nelson. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
April 18, 2018
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ORDER of Detention pending revocation as to defendant Matthew Nelson. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)