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12-352 - USA v. Aponte et al


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12-352 - USA v. Aponte et al
November 28, 2012
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ORDER APPOINTING COUNSEL as to defendant Dagoberto Vega - the Federal Public Defender is appointed as counsel for the defendant. Ordered by Magistrate Judge Thomas D. Thalken. (MBM)
November 30, 2012
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ORDER of Detention pending trial as to defendant Dagoberto Vega. Ordered by Magistrate Judge Thomas D. Thalken. (TCL )
January 29, 2013
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FINDINGS AND RECOMMENDATION AND ORDER - IT IS RECOMMENDED to the Honorable Laurie Smith Camp, Chief United States District Judge, that Defendant Aponte's Motion to Suppress (#28) and Amended Motion to Suppress (#38), and Vega's Motion to Suppress (#30) and joinder in Aponte's Amended Motion, all be denied in all respects. FURTHER, IT IS ORDERED: The clerk shall cause a transcript of the hearing to be prepared and filed. Pursuant to NECrimR 59.2, any objection to the magistrate's Findings and Recommendation shall be filed with the Clerk of the Court within fourteen (14) days after the unredacted transcript is available to counsel. Failure to timely object may constitute a waiver of any such objection. The brief in support of any objection shall be filed at the time of filing such objection. Failure to file a brief in support of any objection may be deemed an abandonment of the objection as to defendants Daniel Aponte, Dagoberto Vega. Ordered by Magistrate Judge F.A. Gossett. (TCL )FINDINGS AND RECOMMENDATION AND ORDER - IT IS RECOMMENDED to the Honorable Laurie Smith Camp, Chief United States District Judge, that Defendant Aponte's Motion to Suppress (#28) and Amended Motion to Suppress (#38), and Vega's Motion to Suppress (#30) and joinder in Aponte's Amended Motion, all be denied in all respects. FURTHER, IT IS ORDERED: The clerk shall cause a transcript of the hearing to be prepared and filed. Pursuant to NECrimR 59.2, any objection to the magistrate's Findings and Recommendation shall be filed with the Clerk of the Court within fourteen (14) days after the unredacted transcript is available to counsel. Failure to timely object may constitute a waiver of any such objection. The brief in support of any objection shall be filed at the time of filing such objection. Failure to file a brief in support of any objection may be deemed an abandonment of the objection as to defendants Daniel Aponte, Dagoberto Vega. Ordered by Magistrate Judge F.A. Gossett. (TCL )
March 12, 2013
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MEMORANDUM AND ORDER - IT IS ORDERED: The Magistrate Judge's Findings and Recommendation (Filing No. 44) is adopted in its entirety. Defendant Aponte's objections to the Findings and Recommendation (Filing Nos. 51) are overruled. The Government's objection to the Findings and Recommendation (Filing No. 50) is overruled as moot. The Defendants' motions to suppress (Filing Nos. 28, 30, 38) are denied as to Daniel Aponte, Dagoberto Vega. Ordered by Chief Judge Laurie Smith Camp. ( TCL )MEMORANDUM AND ORDER - IT IS ORDERED: The Magistrate Judge's Findings and Recommendation (Filing No. 44) is adopted in its entirety. Defendant Aponte's objections to the Findings and Recommendation (Filing Nos. 51) are overruled. The Government's objection to the Findings and Recommendation (Filing No. 50) is overruled as moot. The Defendants' motions to suppress (Filing Nos. 28, 30, 38) are denied as to Daniel Aponte, Dagoberto Vega. Ordered by Chief Judge Laurie Smith Camp. ( TCL )
May 3, 2013
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ORDER - IT IS ORDERED: Defendant's Motion to Withdraw and for Appointment of Counsel (#63) is denied without hearing as to Daniel Aponte. Ordered by Magistrate Judge F.A. Gossett. ( TCL )
June 28, 2013
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PRELIMINARY ORDER OF FORFEITURE - IT IS ORDERED: The United States' Motion for Issuance of Preliminary Order of Forfeiture is hereby sustained. Based upon the Forfeiture Allegation of the Indictment and the Defendants' pleas of guilty, the United States is hereby authorized to seize the $1,100.00 in United States currency. The Defendants' interests in the $1,100.00 in United States currency are 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 currency is 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 as to Daniel Aponte, Dagoberto Vega. Ordered by Chief Judge Laurie Smith Camp. (1 Certified copy to USM)( TCL )PRELIMINARY ORDER OF FORFEITURE - IT IS ORDERED: The United States' Motion for Issuance of Preliminary Order of Forfeiture is hereby sustained. Based upon the Forfeiture Allegation of the Indictment and the Defendants' pleas of guilty, the United States is hereby authorized to seize the $1,100.00 in United States currency. The Defendants' interests in the $1,100.00 in United States currency are 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 currency is 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 as to Daniel Aponte, Dagoberto Vega. Ordered by Chief Judge Laurie Smith Camp. (1 Certified copy to USM)( TCL )
July 1, 2013
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TENTATIVE FINDINGS regarding the Revised Presentence Investigation Report and Addendum as to Defendant Daniel Aponte. Ordered by Chief Judge Laurie Smith Camp. (JB)
September 9, 2013
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TENTATIVE FINDINGS regarding the Presentence Investigation Report as to Defendant Dagoberto Vega. Ordered by Chief Judge Laurie Smith Camp. (JB)
September 26, 2013
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FINAL ORDER OF FORFEITURE - IT IS ORDERED: A. The Plaintiff's Motion for Final Order of Forfeiture 95 is hereby sustained. B. All right, title and interest in and to the $1,100.00 in United States currency held by any person or entity are hereby forever barred and foreclosed. C. The $1,100.00 in United States currency be, and the same hereby is, forfeited to the United States of America. D. The United States is directed to dispose of said property in accordance with law as to Daniel Aponte, Dagoberto Vega. Ordered by Chief Judge Laurie Smith Camp. (1 Certified copy to USM)( TCL )FINAL ORDER OF FORFEITURE - IT IS ORDERED: A. The Plaintiff's Motion for Final Order of Forfeiture 95 is hereby sustained. B. All right, title and interest in and to the $1,100.00 in United States currency held by any person or entity are hereby forever barred and foreclosed. C. The $1,100.00 in United States currency be, and the same hereby is, forfeited to the United States of America. D. The United States is directed to dispose of said property in accordance with law as to Daniel Aponte, Dagoberto Vega. Ordered by Chief Judge Laurie Smith Camp. (1 Certified copy to USM)( TCL )
May 14, 2014
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ORDER - Defendant has filed a motion requesting an extension of time in which to file a motion under 28 U.S.C. § 2255. (Filing 114.) Defendant's request for an extension of time will be denied because this Court does not have jurisdiction until a § 2255 motion has actually been filed, and Defendant's motion for extension of time cannot be liberally construed as a § 2255 motion. See Green v. United States, 260 F.3d 78, 82-83 (2d Cir. 2001). Defendant's motion also requests that he be appointed counsel. However, because a § 2255 motion has yet to be filed, Defendant's request will be denied at this time as premature. The Clerk of Court shall provide a copy of this order to Defendant. as to Daniel Aponte. IT IS SO ORDERED. Ordered by Magistrate Judge F.A. Gossett. (Copy mailed to pro se party)( TCL)
June 20, 2014
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ORDER - IT IS ORDERED that Defendant's motion for copies (filing 116) is denied at this time, but may be reasserted after the filing of an appropriate section 2255 motion. Defendant's request for an extension of time is also denied. The Clerk of Court is directed to provide a copy of this order to Defendant as to Daniel Aponte. Ordered by Magistrate Judge F.A. Gossett. (Copy mailed to pro se party)( TCL )
July 30, 2014
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MEMORANDUM AND ORDER - IT IS ORDERED: 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. 118). Upon initial review, the Court finds that summary dismissal is not required with respect to Ground One, Claims One and Four, and Ground Two of the § 2255 motion. The government is ordered to answer the following claims on or before September 2, 2014, and support its answer with a brief: Ground One, Claims One and Four, and Ground Two. On or before October 3, 2014, the defendant may file a responsive brief addressing only Ground One, Claims One and Four, and Ground Two. The Clerk is directed to mail a copy of this Memorandum and Order to the defendant at his last known address as to Daniel Aponte. Ordered by Chief Judge Laurie Smith Camp. (Copy mailed to pro se party)(TCL )
August 13, 2014
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ORDER - IT IS ORDERED: The government's Motion to Extend (Filing No. 123) is granted. On or before October 2, 2014, the government will answer the claims as previously ordered. On or before November 3, 2014, the defendant may file his responsive brief. The Clerk is directed to mail a copy of this Order to the defendant at his last known address as to Daniel Aponte. Ordered by Chief Judge Laurie Smith Camp. (Copy mailed to pro se party)( TCL )
December 17, 2014
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MEMORANDUM AND ORDER as to Daniel Aponte. An evidentiary hearing will be held before the Magistrate Judge assigned to this case with respect to the Defendant's Motion Under 28 U.S.S. 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody, Filing No. 118 on the claims as set forth and the Magistrate Judge will submit findings and recommendations to the undersigned following the hearing. The Court will authorize the appointment of counsel for the Defendant by separate order. The Clerk shall provide a copy of this order to Defendant's new counsel, upon appointment. Upon receipt of this order and the order of appointment, counsel for the Defendant shall enter an appearance in this action. The parties shall contact the Magistrate Judge to schedule an evidentiary hearing. Ordered by Chief Judge Laurie Smith Camp. (Copy mailed to pro se party and e-mailed to FPD) (KMG)
December 17, 2014
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MEMORANDUM AND ORDER APPOINTING COUNSEL - The Federal Public Defender for the District of Nebraska is appointed to represent the defendant in this matter as to defendant Daniel Aponte. Ordered by Chief Judge Laurie Smith Camp. (Copy mailed to pro se party and e-mailed to FPD) (KMG)
December 22, 2014
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ORDER APPOINTING COUNSEL - CJA Panel Attorney Joseph L. Howard is appointed as counsel as to defendant Daniel Aponte. Ordered by Magistrate Judge F.A. Gossett. (SLP)
March 5, 2015
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ORDER that Attorney Joseph L. Howard's Motion to Withdraw as attorney 139 is granted and defendant's motion 141 is granted, and defendant will proceed pro se. Defendant's brief date set by court Order 135 for March 16, 2015, is vacated as defendant has filed his brief 142. The government is given until March 24, 2015, to file a response to the defendant's brief 142. After the government's brief has been filed, the court will order further progression of defendant's § 2255 motion. The Clerk is directed to forward a copy of this Order to defendant Daniel Aponte at his last-known address, and as he is now pro se, he is ordered to inform the Clerk of any change in address as to Daniel Aponte (1). Ordered by Magistrate Judge F.A. Gossett. (Copy mailed to pro se party) (JSF)
June 4, 2015
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MEMORANDUM AND ORDER as to defendant Daniel Aponte. The Magistrate Judge's Findings and Recommendation (Filing No. 150) are adopted in their entirety. 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. 118) is denied. The Clerk will mail a copy of this Memorandum and Order to the Defendant's last known address. A separate Judgment will be issued. Ordered by Chief Judge Laurie Smith Camp. (Copy mailed to Daniel Aponte as directed) (MBM) Civil Case 8:14-cv-00205-LSC closed.
June 22, 2015
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MEMORANDUM AND ORDER as to defendant Daniel Aponte. The Defendant's request for a certificate of appealability is denied. 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)(MBM)
June 23, 2015
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ORDER as to defendant Daniel Aponte regarding Notice of Appeal to USCA 156. The Defendant does not have leave to proceed in forma pauperis on appeal. The Clerk is directed to mail a copy of this Order to the Defendant at his last known address and to the Eighth Circuit Court of Appeals. Ordered by Chief Judge Laurie Smith Camp. (Copy mailed to pro se party and as directed) (MBM)
July 23, 2015
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ORDER as to defendant Daniel Aponte that the Defendant's Motion and Affidavit for Permission to Appeal In Forma Pauperis (Filing No. 164) is denied. The Clerk is directed to mail a copy of this Order to the Defendant at his last known address and to the Eighth Circuit Court of Appeals. Ordered by Chief Judge Laurie Smith Camp. (Copy mailed to pro se party and as directed)(MBM)
August 3, 2015
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ORDER REDUCING SENTENCE - USSC Amendment as to defendant Dagoberto Vega. The defendant's previously imposed sentence of imprisonment of 72 months is reduced to 58 months. Ordered by Chief Judge Laurie Smith Camp. (MBM)
August 20, 2015
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ORDER REDUCING SENTENCE - USSC Amendment as to Daniel Aponte (1). The defendant's previously imposed sentence of 51 months is reduced to 46 months. Ordered by Chief Judge Laurie Smith Camp. (JSF)
January 17, 2018
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ORDER APPOINTING COUNSEL as to defendant Daniel Aponte - The Federal Public Defender for the District of Nebraska is appointed to represent the defendant in this matter. Ordered by Magistrate Judge Susan M. Bazis. (MBM)