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11-076 - USA v. Herrera


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11-076 - USA v. Herrera
March 30, 2011
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ORDER APPOINTING COUNSEL as to defendant Pimenio Vela Herrera - Deborah D. Cunningham is appointed to represent the defendant. Ordered by Magistrate Judge Thomas D. Thalken. (MBM) Modified on 3/31/2011 to add attorney's name. (MBM)
March 30, 2011
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ORDER of Detention pending trial as to defendant Pimenio Vela Herrera. Ordered by Magistrate Judge Thomas D. Thalken. (MKR)
June 10, 2011
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FINDINGS AND RECOMMENDATION that MOTION to Suppress15 be denied as to the defendant Pimenio Vela Herrera. Ordered by Magistrate Judge Thomas D. Thalken. (TRL)
June 22, 2011
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ORDER granting 26 Deborah D. Cunningham's Motion to Withdraw as Attorney as to Pimenio Vela Herrera (1). Beau G. Finley is appointed to represent Herrera for the balance of these proceedings. Herrera's request for additional time in which to file objections to the Findings and Recommendation (Filing No. 25) is granted. Herrera is given until July 27, 2011, in which to file any such objection. The time from June 22, 2011, to July 27, 2011, shall be deemed excludable time in any computation of time under the requirement of the Speedy Trial Act. Ordered by Magistrate Judge Thomas D. Thalken. (JAB)
August 11, 2011
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ORDER adopting 25 the Magistrate Judge's Findings and Recommendation in its entirety; overruling 32 the Defendant's Objection to Magistrate Judge Order; and denying 15 the Defendant's Motion to Suppress as to Pimenio Vela Herrera (1). Ordered by Judge Laurie Smith Camp. (JB)
August 25, 2011
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ORDER as to defendant Pimenio Vela Herrera - The government's motions for a joint trial (Filing No. 135 in 8:11CR43; and Filing No. 37 in 8:11CR76) are granted. The government's motions to continue trial (Filing No. 134, as amended by Filing No. 139, in 8:11CR43; and Filing No. 36, as amended by Filing No. 39, in 8:11CR76) are granted and the joint trial of these cases shall commence before Judge Laurie Smith Camp and a jury in Courtroom No. 2, Third Floor, Roman L. Hruska U.S. Courthouse, 111 South 18th Plaza, Omaha, Nebraska, on October 4, 2011, at the call of the court. The additional time arising as a result of the granting of the motion, i.e., the time between September 20, 2011, and October 4, 2011, shall be deemed excludable time in any computation of time under the requirement of the Speedy Trial Act. Pursuant to NECrimR 59.2 any objection to this Order shall be filed with the Clerk of the Court within fourteen (14) days after being served with a copy of this Order. Ordered by Magistrate Judge Thomas D. Thalken. ( GJG)
September 19, 2011
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ORDER RE: TRIAL PREPARATION (CRIMINAL JURY TRIAL) as to Defendant Pimenio Vela Herrera. Ordered by Judge Laurie Smith Camp. (JB)
September 20, 2011
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MEMORANDUM AND ORDER denying the defendant's41 Objections to Magistrate Judge Order as to Pimenio Vela Herrera (1). The Magistrate Judges order (Filing No. 40) with respect to the joint trial in cases 8:11CR43 and 8:11CR76 is affirmed. Ordered by Judge Laurie Smith Camp. (MKR)
September 29, 2011
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ORDER as to defendant Pimenio Vela Herrera Trial in this matter is scheduled to begin on Tuesday, October 4, 2011, commencing at 9:00 a.m., 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 four days. A Pretrial Conference, beginning at 8:30 a.m., will be held in Judge Smith Camps Chambers on that same day, prior to the start of trial. Counsel is advised that street clothes must be provided for the defendants in any trial proceedings. Counsel shall deliver the clothes to the United States Marshalls office prior to the 8:30 a.m. pretrial conference in chambers. Ordered by Judge Laurie Smith Camp. (MLF, )
December 19, 2011
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TENTATIVE FINDINGS OF FACT regarding Revised Presentence Investigation Report as to Defendant Pimenio Vela Herrera. Ordered by Chief Judge Laurie Smith Camp. (MHB)
January 31, 2013
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MEMORANDUM AND ORDER- The Court has completed the initial review of Defendant Pimenio Vela Herreras Motion to Vacate Sentence Pursuant to 28 U.S.C. § 2255 (Filing No. 70); Upon initial review, Defendants § 2255 motion is summarily dismissed. Defendants motion for leave to proceed in forma pauperis (Filing No. 71) and motion for appointment of counsel (Filing No. 73) are denied as moot. A separate Judgment will be issued dismissing the § 2255 motion; and The Clerk shall mail a copy of this Memorandum and Order to Defendant at his last known address. Ordered by Chief Judge Laurie Smith Camp. (Copy mailed to pro se party) ( MKR) Civil Case 8:13-cv-00003-LSC closed.
March 4, 2013
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MEMORANDUM AND ORDER denying the 78 Motion for Leave to Appeal In Forma Pauperis as to Pimenio Vela Herrera (1) and denying the 80 Motion for Certificate of Appealability as to Pimenio Vela Herrera (1). 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. (copies mailed as directed) ( MKR)
February 23, 2016
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ORDER REDUCING SENTENCE - USSC Amendment as to Pimenio Vela Herrera (1). The Defendant's pro se Motion to Reduce Sentence - USSC Amendment (Filing No. 94) is denied and defense counsel's Motion to Withdraw (Filing No. 100) is granted. The record shows that the Defendant was sentenced pursuant to an 11(c)(1)(C) plea agreement to a term of 114 months, which term was well below the applicable guideline range before or after the effective date of Amendment 782. Ordered by Chief Judge Laurie Smith Camp. (MKR)