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13-043 - USA v. Valenzuela-Nunez et al


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13-043 - USA v. Valenzuela-Nunez et al
March 8, 2013
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ORDER of Detention pending trial as to defendant Eduardo Valenzuela-Nunez. Ordered by Magistrate Judge F.A. Gossett. (SLP)
March 28, 2013
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ORDER granting 13 Application for Enlargement of Time to File Pretrial Motions as to Eduardo Valenzuela-Nunez. Pretrial Motion Deadline set for 4/29/2013. The time between March 28, 2013 and April 29, 2013, shall be deemed excludable time in any computation of time under the requirement of the Speedy Trial Act. See 18 U.S.C. § 3161(h)(8)(A) & (B). Ordered by Magistrate Judge F.A. Gossett. (SLP)
April 26, 2013
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ORDER APPOINTING COUNSEL as to defendant Heriberto Avila-Mercado - Michael D. Nelson is appointed to represent the defendant. Ordered by Magistrate Judge Thomas D. Thalken. (MBM)
April 26, 2013
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ORDER APPOINTING COUNSEL as to defendant Robyn Renea Hamilton - Alan G. Stoler is appointed to represent the defendant. Ordered by Magistrate Judge Thomas D. Thalken. (MBM)
April 30, 2013
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ORDER granting 38 Motion to Extend Time to File Pretrial Motions as to Eduardo Valenzuela-Nunez. Pretrial Motion Deadline set for 5/1/2013. The time between April 29, 2013 and May 1, 2013, shall be deemed excludable time in any computation of time under the requirement of the Speedy Trial Act. See 18 U.S.C. § 3161(h)(8)(A) & (B). Ordered by Magistrate Judge F.A. Gossett. (SLP)
May 1, 2013
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ORDER of Detention pending trial as to defendant Heriberto Avila-Mercado. Ordered by Magistrate Judge Thomas D. Thalken. (GJG)
May 2, 2013
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ORDER APPOINTING COUNSEL - CJA Panel Attorney Michael J. Lehan is appointed as counsel as to defendant Jessica Marie Hernandez. Ordered by Magistrate Judge F.A. Gossett. (SLP)
May 2, 2013
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ORDER APPOINTING COUNSEL - CJA Panel Attorney Deborah D. Cunningham is appointed as counsel as to defendant Kailee Marie Davis. Ordered by Magistrate Judge F.A. Gossett. (SLP)
May 16, 2013
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ORDER of Detention pending trial as to defendant Kailee Marie Davis. Ordered by Magistrate Judge F.A. Gossett. (SLP)
June 3, 2013
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ORDER APPOINTING COUNSEL - CJA Panel Attorney Denise E. Frost is appointed as counsel as to defendant Eduardo Valenzuela-Nunez. Ordered by Magistrate Judge F.A. Gossett. (SLP)
June 5, 2013
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ORDER APPOINTING COUNSEL - CJA Panel Attorney Beau G. Finley is appointed as counsel as to defendant Jessica Marie Hernandez. Ordered by Magistrate Judge F.A. Gossett. (SLP)
June 17, 2013
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ORDER granting 90 Motion for Additional Time for Pretrial Motions as to Eduardo Valenzuela-Nunez. Pretrial Motion Deadline set for 7/15/2013. The time between June 14, 2013 and July 15, 2013, shall be deemed excludable time in any computation of time under the requirement of the Speedy Trial Act. See 18 U.S.C. § 3161(h)(8)(A) & (B). Ordered by Magistrate Judge F.A. Gossett. (SLP)
June 26, 2013
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ORDER APPOINTING COUNSEL as to defendant Mike Scott Roselius - Julie A. Frank is appointed to represent the defendant. Ordered by Magistrate Judge Thomas D. Thalken. (MBM)
June 28, 2013
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ORDER APPOINTING COUNSEL - CJA Panel Attorney Dana C. Bradford, III appointed as to defendant David Codina-Ramirez. Ordered by Magistrate Judge F.A. Gossett. (SLP)
July 8, 2013
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ORDER of Detention pending trial as to defendant David Codina-Ramirez. Ordered by Magistrate Judge F.A. Gossett. (SLP)
July 15, 2013
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ORDER granting 136 Motion to Enlarge Time to File Pretrial Motions as to Jessica Marie Hernandez. Pretrial Motion Deadline set for 7/26/2013. The time between July 12, 2013 and July 26, 2013, shall be deemed excludable time in any computation of time under the requirement of the Speedy Trial Act. See 18 U.S.C. § 3161(h)(8)(A) & (B). Ordered by Magistrate Judge F.A. Gossett. (SLP)
July 16, 2013
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ORDER granting 139 Motion to Continue Filing Pretrial Motions as to Mike Scott Roselius. Pretrial Motion Deadline set for 8/30/2013. The time between July 16, 2013 and August 30, 2013, shall be deemed excludable time in any computation of time under the requirement of the Speedy Trial Act. Ordered by Magistrate Judge F.A. Gossett. 18 U.S.C. § 3161(h)(8)(A) & (B). (SLP)
July 16, 2013
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ORDER granting 138 Motion to Extend Time to File Pretrial Motions as to Eduardo Valenzuela-Nunez. Pretrial Motion Deadline set for 8/30/2013. The time between July 15, 2013 and August 30, 2013, shall be deemed excludable time in any computation of time under the requirement of the Speedy Trial Act. See 18 U.S.C. § 3161(h)(8)(A) & (B). Ordered by Magistrate Judge F.A. Gossett. (SLP)
July 26, 2013
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ORDER granting 150 Motion for Leave to File Pretrial Motions Out of Time as to David Codina-Ramirez. The time between July 25, 2013 and August 30, 2013, shall be deemed excludable time in any computation of time under the requirement of the Speedy Trial Act. See 18 U.S.C. § 3161(h)(8)(A) & (B). Ordered by Magistrate Judge F.A. Gossett. (SLP)
October 15, 2013
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FINDINGS AND RECOMMENDATION AND ORDER regarding MOTION to Suppress 159 as to defendant David Codina-Ramirez. IT IS RECOMMENDED to Judge John Gerrard that the Motion to Suppress (159) be denied in all respects. 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. Ordered by Magistrate Judge F.A. Gossett. (GJG)
December 10, 2013
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TENTATIVE FINDINGS OF FACT regarding Presentence Investigation Report as to defendant Aldomar Perez. Ordered by Judge John M. Gerrard. (GJG)
December 11, 2013
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ORDER as to defendant David Codina-Ramirez (6). The Magistrate Judge's Findings and Recommendation and Order (filing 190) are adopted. The defendant's objection (filing 199) is overruled. The defendant's Motion to Suppress (filing 159) is denied. Ordered by Judge John M. Gerrard. ( GJG)
December 18, 2013
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ORDER as to defendants Heriberto Avila-Mercado, Robyn Renea Hamilton, Jessica Marie Hernandez, David Condina-Ramirez and Mike Scott Roselius. Defendant's motion to continue, (filing no. 212), is granted. The trial of this case is set to commence before the Honorable John M. Gerrard, United States District Judge, in Courtroom #1 of the United States Courthouse, Omaha, Nebraska, at 9:00 a.m. on February 24, 2014, for seven trial days, or as soon thereafter as the case may be called. Jury selection will be held at commencement of trial. The additional time arising as a result of the granting of the motion, the time between February 3, 2014, and February 24, 2014, shall be deemed excludable time in any computation of time under the requirements of the Speedy Trial Act. Ordered by Magistrate Judge F.A. Gossett. (GJG)ORDER as to defendants Heriberto Avila-Mercado, Robyn Renea Hamilton, Jessica Marie Hernandez, David Condina-Ramirez and Mike Scott Roselius. Defendant's motion to continue, (filing no. 212), is granted. The trial of this case is set to commence before the Honorable John M. Gerrard, United States District Judge, in Courtroom #1 of the United States Courthouse, Omaha, Nebraska, at 9:00 a.m. on February 24, 2014, for seven trial days, or as soon thereafter as the case may be called. Jury selection will be held at commencement of trial. The additional time arising as a result of the granting of the motion, the time between February 3, 2014, and February 24, 2014, shall be deemed excludable time in any computation of time under the requirements of the Speedy Trial Act. Ordered by Magistrate Judge F.A. Gossett. (GJG)ORDER as to defendants Heriberto Avila-Mercado, Robyn Renea Hamilton, Jessica Marie Hernandez, David Condina-Ramirez and Mike Scott Roselius. Defendant's motion to continue, (filing no. 212), is granted. The trial of this case is set to commence before the Honorable John M. Gerrard, United States District Judge, in Courtroom #1 of the United States Courthouse, Omaha, Nebraska, at 9:00 a.m. on February 24, 2014, for seven trial days, or as soon thereafter as the case may be called. Jury selection will be held at commencement of trial. The additional time arising as a result of the granting of the motion, the time between February 3, 2014, and February 24, 2014, shall be deemed excludable time in any computation of time under the requirements of the Speedy Trial Act. Ordered by Magistrate Judge F.A. Gossett. (GJG)ORDER as to defendants Heriberto Avila-Mercado, Robyn Renea Hamilton, Jessica Marie Hernandez, David Condina-Ramirez and Mike Scott Roselius. Defendant's motion to continue, (filing no. 212), is granted. The trial of this case is set to commence before the Honorable John M. Gerrard, United States District Judge, in Courtroom #1 of the United States Courthouse, Omaha, Nebraska, at 9:00 a.m. on February 24, 2014, for seven trial days, or as soon thereafter as the case may be called. Jury selection will be held at commencement of trial. The additional time arising as a result of the granting of the motion, the time between February 3, 2014, and February 24, 2014, shall be deemed excludable time in any computation of time under the requirements of the Speedy Trial Act. Ordered by Magistrate Judge F.A. Gossett. (GJG)ORDER as to defendants Heriberto Avila-Mercado, Robyn Renea Hamilton, Jessica Marie Hernandez, David Condina-Ramirez and Mike Scott Roselius. Defendant's motion to continue, (filing no. 212), is granted. The trial of this case is set to commence before the Honorable John M. Gerrard, United States District Judge, in Courtroom #1 of the United States Courthouse, Omaha, Nebraska, at 9:00 a.m. on February 24, 2014, for seven trial days, or as soon thereafter as the case may be called. Jury selection will be held at commencement of trial. The additional time arising as a result of the granting of the motion, the time between February 3, 2014, and February 24, 2014, shall be deemed excludable time in any computation of time under the requirements of the Speedy Trial Act. Ordered by Magistrate Judge F.A. Gossett. (GJG)
December 31, 2013
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ORDER granting 221 Motion to Continue Sentencing as to Aldomar Perez (8). Sentencing is continued to 1/24/2014 at 3:00 PM in Courtroom 1 (Special Proceedings), Roman L. Hruska Federal Courthouse, 111 South 18th Plz, Omaha, NE before Judge John M. Gerrard. Ordered by Judge John M. Gerrard. (JSF)ORDER granting 221 Motion to Continue Sentencing as to Aldomar Perez (8). Sentencing is continued to 1/24/2014 at 3:00 PM in Courtroom 1 (Special Proceedings), Roman L. Hruska Federal Courthouse, 111 South 18th Plz, Omaha, NE before Judge John M. Gerrard. Ordered by Judge John M. Gerrard. (JSF)
January 13, 2014
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ORDER APPOINTING COUNSEL as to defendant Dolores Maria Torres - CJA Counsel Wesley S. Dodge is appointed to represent the defendant in this matter. Ordered by Magistrate Judge Thomas D. Thalken. (MBM)
March 25, 2014
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ORDER - Defendant Julio Cesar Ponce-Ybarra's motion to continue, (filing no. 302), is granted. The trial of this case is set to commence before the Honorable John M. Gerrard, United States District Judge, in Courtroom #4 of the United States Courthouse, Omaha, Nebraska, at 9:00 a.m. on May 27, 2014, for seven trial days, or as soon thereafter as the case may be called. Jury selection will be held at commencement of trial. The additional time arising as a result of the granting of the motion, the time between today's date, and May 27, 2014, shall be deemed excludable time in any computation of time under the requirements of the Speedy Trial Act. Ordered by Magistrate Judge F.A. Gossett. (GJG)ORDER - Defendant Julio Cesar Ponce-Ybarra's motion to continue, (filing no. 302), is granted. The trial of this case is set to commence before the Honorable John M. Gerrard, United States District Judge, in Courtroom #4 of the United States Courthouse, Omaha, Nebraska, at 9:00 a.m. on May 27, 2014, for seven trial days, or as soon thereafter as the case may be called. Jury selection will be held at commencement of trial. The additional time arising as a result of the granting of the motion, the time between today's date, and May 27, 2014, shall be deemed excludable time in any computation of time under the requirements of the Speedy Trial Act. Ordered by Magistrate Judge F.A. Gossett. (GJG)ORDER - Defendant Julio Cesar Ponce-Ybarra's motion to continue, (filing no. 302), is granted. The trial of this case is set to commence before the Honorable John M. Gerrard, United States District Judge, in Courtroom #4 of the United States Courthouse, Omaha, Nebraska, at 9:00 a.m. on May 27, 2014, for seven trial days, or as soon thereafter as the case may be called. Jury selection will be held at commencement of trial. The additional time arising as a result of the granting of the motion, the time between today's date, and May 27, 2014, shall be deemed excludable time in any computation of time under the requirements of the Speedy Trial Act. Ordered by Magistrate Judge F.A. Gossett. (GJG)ORDER - Defendant Julio Cesar Ponce-Ybarra's motion to continue, (filing no. 302), is granted. The trial of this case is set to commence before the Honorable John M. Gerrard, United States District Judge, in Courtroom #4 of the United States Courthouse, Omaha, Nebraska, at 9:00 a.m. on May 27, 2014, for seven trial days, or as soon thereafter as the case may be called. Jury selection will be held at commencement of trial. The additional time arising as a result of the granting of the motion, the time between today's date, and May 27, 2014, shall be deemed excludable time in any computation of time under the requirements of the Speedy Trial Act. Ordered by Magistrate Judge F.A. Gossett. (GJG)ORDER - Defendant Julio Cesar Ponce-Ybarra's motion to continue, (filing no. 302), is granted. The trial of this case is set to commence before the Honorable John M. Gerrard, United States District Judge, in Courtroom #4 of the United States Courthouse, Omaha, Nebraska, at 9:00 a.m. on May 27, 2014, for seven trial days, or as soon thereafter as the case may be called. Jury selection will be held at commencement of trial. The additional time arising as a result of the granting of the motion, the time between today's date, and May 27, 2014, shall be deemed excludable time in any computation of time under the requirements of the Speedy Trial Act. Ordered by Magistrate Judge F.A. Gossett. (GJG)
March 31, 2014
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TENTATIVE FINDINGS OF FACT regarding Presentence Investigation Report as to defendant Eduardo Valenzuela-Nunez. Ordered by Judge John M. Gerrard. (GJG)
April 9, 2014
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ORDER as to defendant Eduardo Valenzuela-Nunez (1). The defendant's unopposed Motion to Continue Sentencing (filing 321) is granted. Defendant Eduardo Valenzuela-Nunez's sentencing is continued to Friday, July 25, 2014, at 2:30 p.m., before the undersigned United States District Judge, in Courtroom No. 1, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, Nebraska. The defendant shall be present at the hearing. Ordered by Judge John M. Gerrard. (GJG)
April 28, 2014
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ORDER granting 324 Petition for Action on Conditions of Pretrial Release. The 7/10/2013 Order Setting Conditions of Release 131 and the 9/30/2013 Consent to Modify Conditions of Release 178 are revoked. Defendant is committed to the custody of the Attorney General for confinement as to defendant Mike Scott Roselius (7). Ordered by Magistrate Judge F.A. Gossett. (1 Certified copy to USM) (JSF)
May 13, 2014
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ORDER as to defendant Kailee Marie Davis (3). The defendant's Motion to Extend Self-Surrender Date (filing 346) is granted. The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons before 1:00 P.M. on August 21, 2014. The Clerk of the Court is directed to provide a certified copy of this order to the United States Marshal. Ordered by Judge John M. Gerrard. (1 Certified copy to USM)(GJG)
May 19, 2014
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ORDER as to defendants Robyn Renea Hamilton (4), David Codina-Ramirez (6), Mike Scott Roselius (7), Dolores Maria Torres (9), Julio Cesar Ponce-Ybarra (10), and Jamie Ann Utterbach-Valenzuela (11). Government's motion to continue trial, (filing no. 351), is granted. Jury Trial set for 7/14/2014 at 09:00 AM Courtroom 1 (Special Proceedings), Roman L. Hruska Federal Courthouse, 111 South 18th Plz, Omaha, NE before Judge John M. Gerrard for seven trial days, or as soon thereafter as the case may be called. Jury selection will be held at commencement of trial. The additional time arising as a result of the granting of the motion, the time between today's date, and July 14, 2014, shall be deemed excludable time in any computation of time under the requirements of the Speedy Trial Act. Ordered by Magistrate Judge F.A. Gossett. (GJG)ORDER as to defendants Robyn Renea Hamilton (4), David Codina-Ramirez (6), Mike Scott Roselius (7), Dolores Maria Torres (9), Julio Cesar Ponce-Ybarra (10), and Jamie Ann Utterbach-Valenzuela (11). Government's motion to continue trial, (filing no. 351), is granted. Jury Trial set for 7/14/2014 at 09:00 AM Courtroom 1 (Special Proceedings), Roman L. Hruska Federal Courthouse, 111 South 18th Plz, Omaha, NE before Judge John M. Gerrard for seven trial days, or as soon thereafter as the case may be called. Jury selection will be held at commencement of trial. The additional time arising as a result of the granting of the motion, the time between today's date, and July 14, 2014, shall be deemed excludable time in any computation of time under the requirements of the Speedy Trial Act. Ordered by Magistrate Judge F.A. Gossett. (GJG)ORDER as to defendants Robyn Renea Hamilton (4), David Codina-Ramirez (6), Mike Scott Roselius (7), Dolores Maria Torres (9), Julio Cesar Ponce-Ybarra (10), and Jamie Ann Utterbach-Valenzuela (11). Government's motion to continue trial, (filing no. 351), is granted. Jury Trial set for 7/14/2014 at 09:00 AM Courtroom 1 (Special Proceedings), Roman L. Hruska Federal Courthouse, 111 South 18th Plz, Omaha, NE before Judge John M. Gerrard for seven trial days, or as soon thereafter as the case may be called. Jury selection will be held at commencement of trial. The additional time arising as a result of the granting of the motion, the time between today's date, and July 14, 2014, shall be deemed excludable time in any computation of time under the requirements of the Speedy Trial Act. Ordered by Magistrate Judge F.A. Gossett. (GJG)ORDER as to defendants Robyn Renea Hamilton (4), David Codina-Ramirez (6), Mike Scott Roselius (7), Dolores Maria Torres (9), Julio Cesar Ponce-Ybarra (10), and Jamie Ann Utterbach-Valenzuela (11). Government's motion to continue trial, (filing no. 351), is granted. Jury Trial set for 7/14/2014 at 09:00 AM Courtroom 1 (Special Proceedings), Roman L. Hruska Federal Courthouse, 111 South 18th Plz, Omaha, NE before Judge John M. Gerrard for seven trial days, or as soon thereafter as the case may be called. Jury selection will be held at commencement of trial. The additional time arising as a result of the granting of the motion, the time between today's date, and July 14, 2014, shall be deemed excludable time in any computation of time under the requirements of the Speedy Trial Act. Ordered by Magistrate Judge F.A. Gossett. (GJG)ORDER as to defendants Robyn Renea Hamilton (4), David Codina-Ramirez (6), Mike Scott Roselius (7), Dolores Maria Torres (9), Julio Cesar Ponce-Ybarra (10), and Jamie Ann Utterbach-Valenzuela (11). Government's motion to continue trial, (filing no. 351), is granted. Jury Trial set for 7/14/2014 at 09:00 AM Courtroom 1 (Special Proceedings), Roman L. Hruska Federal Courthouse, 111 South 18th Plz, Omaha, NE before Judge John M. Gerrard for seven trial days, or as soon thereafter as the case may be called. Jury selection will be held at commencement of trial. The additional time arising as a result of the granting of the motion, the time between today's date, and July 14, 2014, shall be deemed excludable time in any computation of time under the requirements of the Speedy Trial Act. Ordered by Magistrate Judge F.A. Gossett. (GJG)ORDER as to defendants Robyn Renea Hamilton (4), David Codina-Ramirez (6), Mike Scott Roselius (7), Dolores Maria Torres (9), Julio Cesar Ponce-Ybarra (10), and Jamie Ann Utterbach-Valenzuela (11). Government's motion to continue trial, (filing no. 351), is granted. Jury Trial set for 7/14/2014 at 09:00 AM Courtroom 1 (Special Proceedings), Roman L. Hruska Federal Courthouse, 111 South 18th Plz, Omaha, NE before Judge John M. Gerrard for seven trial days, or as soon thereafter as the case may be called. Jury selection will be held at commencement of trial. The additional time arising as a result of the granting of the motion, the time between today's date, and July 14, 2014, shall be deemed excludable time in any computation of time under the requirements of the Speedy Trial Act. Ordered by Magistrate Judge F.A. Gossett. (GJG)
May 23, 2014
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ORDER APPOINTING COUNSEL as to defendant Jamie Ann Utterbach-Valenzuela - CJA Counsel A. Michael Bianchi is appointed to represent the defendant in this matter. Ordered by Magistrate Judge Thomas D. Thalken. (MBM)
May 27, 2014
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ORDER that Attorney Sean Conway has a pending case in this court and has not paid the 2013/2014 Attorney Assessment. Within 30 days from the date of this order, Mr. Conway is directed to pay the $20.00 fee or show cause why he is unable to do so. As to defendant Jessica Marie Hernandez. (Case Management Deadline set for 6/26/2014.) Ordered by Chief Judge Laurie Smith Camp. (MTB)
May 27, 2014
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ORDER granting defendant Robyn Renea Hamilton's oral motion to continue trial. Jury Trial continued to 7/21/2014 at 9:00 AM in Courtroom 1, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Judge John M. Gerrard. The time between 5/27/14 and 7/21/14 shall be deemed excludable time in any computation of time under the requirements of the Speedy Trial Act as to defendants Robyn Renea Hamilton, David Codina-Ramirez, Mike Scott Roselius, Dolores Maria Torres, Julio Cesar Ponce-Ybarra and Jamie Ann Utterbach-Valenzuela. Ordered by Magistrate Judge F.A. Gossett. (JSF)ORDER granting defendant Robyn Renea Hamilton's oral motion to continue trial. Jury Trial continued to 7/21/2014 at 9:00 AM in Courtroom 1, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Judge John M. Gerrard. The time between 5/27/14 and 7/21/14 shall be deemed excludable time in any computation of time under the requirements of the Speedy Trial Act as to defendants Robyn Renea Hamilton, David Codina-Ramirez, Mike Scott Roselius, Dolores Maria Torres, Julio Cesar Ponce-Ybarra and Jamie Ann Utterbach-Valenzuela. Ordered by Magistrate Judge F.A. Gossett. (JSF)ORDER granting defendant Robyn Renea Hamilton's oral motion to continue trial. Jury Trial continued to 7/21/2014 at 9:00 AM in Courtroom 1, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Judge John M. Gerrard. The time between 5/27/14 and 7/21/14 shall be deemed excludable time in any computation of time under the requirements of the Speedy Trial Act as to defendants Robyn Renea Hamilton, David Codina-Ramirez, Mike Scott Roselius, Dolores Maria Torres, Julio Cesar Ponce-Ybarra and Jamie Ann Utterbach-Valenzuela. Ordered by Magistrate Judge F.A. Gossett. (JSF)ORDER granting defendant Robyn Renea Hamilton's oral motion to continue trial. Jury Trial continued to 7/21/2014 at 9:00 AM in Courtroom 1, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Judge John M. Gerrard. The time between 5/27/14 and 7/21/14 shall be deemed excludable time in any computation of time under the requirements of the Speedy Trial Act as to defendants Robyn Renea Hamilton, David Codina-Ramirez, Mike Scott Roselius, Dolores Maria Torres, Julio Cesar Ponce-Ybarra and Jamie Ann Utterbach-Valenzuela. Ordered by Magistrate Judge F.A. Gossett. (JSF)ORDER granting defendant Robyn Renea Hamilton's oral motion to continue trial. Jury Trial continued to 7/21/2014 at 9:00 AM in Courtroom 1, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Judge John M. Gerrard. The time between 5/27/14 and 7/21/14 shall be deemed excludable time in any computation of time under the requirements of the Speedy Trial Act as to defendants Robyn Renea Hamilton, David Codina-Ramirez, Mike Scott Roselius, Dolores Maria Torres, Julio Cesar Ponce-Ybarra and Jamie Ann Utterbach-Valenzuela. Ordered by Magistrate Judge F.A. Gossett. (JSF)ORDER granting defendant Robyn Renea Hamilton's oral motion to continue trial. Jury Trial continued to 7/21/2014 at 9:00 AM in Courtroom 1, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Judge John M. Gerrard. The time between 5/27/14 and 7/21/14 shall be deemed excludable time in any computation of time under the requirements of the Speedy Trial Act as to defendants Robyn Renea Hamilton, David Codina-Ramirez, Mike Scott Roselius, Dolores Maria Torres, Julio Cesar Ponce-Ybarra and Jamie Ann Utterbach-Valenzuela. Ordered by Magistrate Judge F.A. Gossett. (JSF)
May 27, 2014
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ORDER that Attorney Wesley Dodge has a pending case in this court and has not paid the 2013/2014 Attorney Assessment. Within 30 days from the date of this order, Mr. Wesley Dodge is directed to pay the $20.00 fee or show cause why he is unable to do so. As to defendant Dolores Maria Torres. (Case Management Deadline set for 6/27/2014.) Ordered by Chief Judge Laurie Smith Camp. (MTB)
June 5, 2014
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TENTATIVE FINDINGS OF FACT regarding Presentence Investigation Report as to defendant Jessica Marie Hernandez. Ordered by Judge John M. Gerrard. (GJG)
June 13, 2014
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ORDER granting 368 Unopposed Motion to Extend Pretrial Motion Deadline as to Jamie Ann Utterbach-Valenzuela. Pretrial Motion Deadline set for 7/3/2014. The time between June 12, 2014 and July 3, 2014, shall be deemed excludable time in any computation of time under the requirement of the Speedy Trial Act. See 18 U.S.C. § 3161(h)(8)(A) & (B). Ordered by Magistrate Judge F.A. Gossett. (SLP)
July 7, 2014
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ORDER as to defendant Eduardo Valenzuela-Nunez (1). The defendant's unopposed Motion to Continue Sentencing (filing 399) is granted. Defendant Eduardo Valenzuela-Nunez's sentencing is continued to Friday, October 10, 2014, at 3:00 p.m., before the undersigned United States District Judge, in Courtroom No. 4, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, Nebraska. The defendant shall be present at the hearing. Ordered by Judge John M. Gerrard. (GJG)
July 7, 2014
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ORDER as to defendants Robyn Renea Hamilton (4), David Codina-Ramirez (6), Mike Scott Roselius (7), Dolores Maria Torres (9), Julio Cesar Ponce-Ybarra (10), Jamie Ann Utterbach-Valenzuela (11), and Francisco Javier Avila-Nunez (12). Government's motion to continue trial, (filing no. 397), is granted. The trial of this case is set to commence before the Honorable John M. Gerrard, United States District Judge, in Courtroom 4 of the United States Courthouse, Omaha, Nebraska, at 9:00 a.m. on August 18, 2014, for seven trial days, or as soon thereafter as the case may be called. Jury selection will be held at commencement of trial. The additional time arising as a result of the granting of the motion, the time between today's date, and August 18, 2014, shall be deemed excludable time in any computation of time under the requirements of the Speedy Trial Act. Ordered by Magistrate Judge F.A. Gossett. (GJG)ORDER as to defendants Robyn Renea Hamilton (4), David Codina-Ramirez (6), Mike Scott Roselius (7), Dolores Maria Torres (9), Julio Cesar Ponce-Ybarra (10), Jamie Ann Utterbach-Valenzuela (11), and Francisco Javier Avila-Nunez (12). Government's motion to continue trial, (filing no. 397), is granted. The trial of this case is set to commence before the Honorable John M. Gerrard, United States District Judge, in Courtroom 4 of the United States Courthouse, Omaha, Nebraska, at 9:00 a.m. on August 18, 2014, for seven trial days, or as soon thereafter as the case may be called. Jury selection will be held at commencement of trial. The additional time arising as a result of the granting of the motion, the time between today's date, and August 18, 2014, shall be deemed excludable time in any computation of time under the requirements of the Speedy Trial Act. Ordered by Magistrate Judge F.A. Gossett. (GJG)ORDER as to defendants Robyn Renea Hamilton (4), David Codina-Ramirez (6), Mike Scott Roselius (7), Dolores Maria Torres (9), Julio Cesar Ponce-Ybarra (10), Jamie Ann Utterbach-Valenzuela (11), and Francisco Javier Avila-Nunez (12). Government's motion to continue trial, (filing no. 397), is granted. The trial of this case is set to commence before the Honorable John M. Gerrard, United States District Judge, in Courtroom 4 of the United States Courthouse, Omaha, Nebraska, at 9:00 a.m. on August 18, 2014, for seven trial days, or as soon thereafter as the case may be called. Jury selection will be held at commencement of trial. The additional time arising as a result of the granting of the motion, the time between today's date, and August 18, 2014, shall be deemed excludable time in any computation of time under the requirements of the Speedy Trial Act. Ordered by Magistrate Judge F.A. Gossett. (GJG)ORDER as to defendants Robyn Renea Hamilton (4), David Codina-Ramirez (6), Mike Scott Roselius (7), Dolores Maria Torres (9), Julio Cesar Ponce-Ybarra (10), Jamie Ann Utterbach-Valenzuela (11), and Francisco Javier Avila-Nunez (12). Government's motion to continue trial, (filing no. 397), is granted. The trial of this case is set to commence before the Honorable John M. Gerrard, United States District Judge, in Courtroom 4 of the United States Courthouse, Omaha, Nebraska, at 9:00 a.m. on August 18, 2014, for seven trial days, or as soon thereafter as the case may be called. Jury selection will be held at commencement of trial. The additional time arising as a result of the granting of the motion, the time between today's date, and August 18, 2014, shall be deemed excludable time in any computation of time under the requirements of the Speedy Trial Act. Ordered by Magistrate Judge F.A. Gossett. (GJG)ORDER as to defendants Robyn Renea Hamilton (4), David Codina-Ramirez (6), Mike Scott Roselius (7), Dolores Maria Torres (9), Julio Cesar Ponce-Ybarra (10), Jamie Ann Utterbach-Valenzuela (11), and Francisco Javier Avila-Nunez (12). Government's motion to continue trial, (filing no. 397), is granted. The trial of this case is set to commence before the Honorable John M. Gerrard, United States District Judge, in Courtroom 4 of the United States Courthouse, Omaha, Nebraska, at 9:00 a.m. on August 18, 2014, for seven trial days, or as soon thereafter as the case may be called. Jury selection will be held at commencement of trial. The additional time arising as a result of the granting of the motion, the time between today's date, and August 18, 2014, shall be deemed excludable time in any computation of time under the requirements of the Speedy Trial Act. Ordered by Magistrate Judge F.A. Gossett. (GJG)ORDER as to defendants Robyn Renea Hamilton (4), David Codina-Ramirez (6), Mike Scott Roselius (7), Dolores Maria Torres (9), Julio Cesar Ponce-Ybarra (10), Jamie Ann Utterbach-Valenzuela (11), and Francisco Javier Avila-Nunez (12). Government's motion to continue trial, (filing no. 397), is granted. The trial of this case is set to commence before the Honorable John M. Gerrard, United States District Judge, in Courtroom 4 of the United States Courthouse, Omaha, Nebraska, at 9:00 a.m. on August 18, 2014, for seven trial days, or as soon thereafter as the case may be called. Jury selection will be held at commencement of trial. The additional time arising as a result of the granting of the motion, the time between today's date, and August 18, 2014, shall be deemed excludable time in any computation of time under the requirements of the Speedy Trial Act. Ordered by Magistrate Judge F.A. Gossett. (GJG)ORDER as to defendants Robyn Renea Hamilton (4), David Codina-Ramirez (6), Mike Scott Roselius (7), Dolores Maria Torres (9), Julio Cesar Ponce-Ybarra (10), Jamie Ann Utterbach-Valenzuela (11), and Francisco Javier Avila-Nunez (12). Government's motion to continue trial, (filing no. 397), is granted. The trial of this case is set to commence before the Honorable John M. Gerrard, United States District Judge, in Courtroom 4 of the United States Courthouse, Omaha, Nebraska, at 9:00 a.m. on August 18, 2014, for seven trial days, or as soon thereafter as the case may be called. Jury selection will be held at commencement of trial. The additional time arising as a result of the granting of the motion, the time between today's date, and August 18, 2014, shall be deemed excludable time in any computation of time under the requirements of the Speedy Trial Act. Ordered by Magistrate Judge F.A. Gossett. (GJG)
July 11, 2014
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ORDER APPOINTING COUNSEL - CJA Panel Attorney John J. Velasquez is appointed as to defendant Francisco Javier Avila-Nunez. Ordered by Magistrate Judge F.A. Gossett. (SLP)
July 21, 2014
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JUDGMENT as to Jessica Marie Hernandez (5), Count 1ss - Defendant pleaded guilty to count I of the Third Superseding Indictment and is committed to the custody of the United States Bureau of Prisons to be imprisoned for a term of 57 months; The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons before 1:00 P.M. on October 15, 2014 as notified by the U. S. Marshal; 2 years supervised release with special conditions; $100.00 special assessment. Count 1 and Count 1S are dismissed on the motion of the government as to defendant Jessica Marie Hernandez. Ordered by Judge John M. Gerrard. (4 Certified copies to USM)(ADB, )
August 11, 2014
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ORDER as to defendant Kailee Marie Davis (3). The defendant's Motion to Extend Self-Surrender Date (filing 433) is granted. The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons before 1:00 P.M. on November 21, 2014. The Clerk of the Court is directed to provide a certified copy of this order to the United States Marshal. Ordered by Judge John M. Gerrard. (1 Certified copy to USM)(GJG)
August 12, 2014
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TRIAL ORDER as to defendants Robyn Renea Hamilton, David Codina-Ramirez, Dolores Maria Torres, Jamie Ann Utterbach-Valenzuela, Mike Scott Roselius, Francisco Javier Avila-Nunez, and Julio Cesar Ponce-Ybarra. The parties' motions to continue (filings 429, 430, 436, and 437) are granted. This case, as to the above-captioned defendants, is set for a jury trial before the undersigned judge in Courtroom 1 (Special Proceedings), Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, Nebraska, commencing at 9:15 a.m. on Tuesday, November 18, 2014, or as soon thereafter as the case may be called, for a duration of 7 (seven) trial days. A pretrial teleconference is scheduled to be held before the undersigned judge at 1:30 p.m. on Friday, November 14, 2014. An email will be sent to counsel of record with instructions for participating in the pretrial conference. Ordered by Judge John M. Gerrard. (GJG)TRIAL ORDER as to defendants Robyn Renea Hamilton, David Codina-Ramirez, Dolores Maria Torres, Jamie Ann Utterbach-Valenzuela, Mike Scott Roselius, Francisco Javier Avila-Nunez, and Julio Cesar Ponce-Ybarra. The parties' motions to continue (filings 429, 430, 436, and 437) are granted. This case, as to the above-captioned defendants, is set for a jury trial before the undersigned judge in Courtroom 1 (Special Proceedings), Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, Nebraska, commencing at 9:15 a.m. on Tuesday, November 18, 2014, or as soon thereafter as the case may be called, for a duration of 7 (seven) trial days. A pretrial teleconference is scheduled to be held before the undersigned judge at 1:30 p.m. on Friday, November 14, 2014. An email will be sent to counsel of record with instructions for participating in the pretrial conference. Ordered by Judge John M. Gerrard. (GJG)TRIAL ORDER as to defendants Robyn Renea Hamilton, David Codina-Ramirez, Dolores Maria Torres, Jamie Ann Utterbach-Valenzuela, Mike Scott Roselius, Francisco Javier Avila-Nunez, and Julio Cesar Ponce-Ybarra. The parties' motions to continue (filings 429, 430, 436, and 437) are granted. This case, as to the above-captioned defendants, is set for a jury trial before the undersigned judge in Courtroom 1 (Special Proceedings), Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, Nebraska, commencing at 9:15 a.m. on Tuesday, November 18, 2014, or as soon thereafter as the case may be called, for a duration of 7 (seven) trial days. A pretrial teleconference is scheduled to be held before the undersigned judge at 1:30 p.m. on Friday, November 14, 2014. An email will be sent to counsel of record with instructions for participating in the pretrial conference. Ordered by Judge John M. Gerrard. (GJG)TRIAL ORDER as to defendants Robyn Renea Hamilton, David Codina-Ramirez, Dolores Maria Torres, Jamie Ann Utterbach-Valenzuela, Mike Scott Roselius, Francisco Javier Avila-Nunez, and Julio Cesar Ponce-Ybarra. The parties' motions to continue (filings 429, 430, 436, and 437) are granted. This case, as to the above-captioned defendants, is set for a jury trial before the undersigned judge in Courtroom 1 (Special Proceedings), Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, Nebraska, commencing at 9:15 a.m. on Tuesday, November 18, 2014, or as soon thereafter as the case may be called, for a duration of 7 (seven) trial days. A pretrial teleconference is scheduled to be held before the undersigned judge at 1:30 p.m. on Friday, November 14, 2014. An email will be sent to counsel of record with instructions for participating in the pretrial conference. Ordered by Judge John M. Gerrard. (GJG)TRIAL ORDER as to defendants Robyn Renea Hamilton, David Codina-Ramirez, Dolores Maria Torres, Jamie Ann Utterbach-Valenzuela, Mike Scott Roselius, Francisco Javier Avila-Nunez, and Julio Cesar Ponce-Ybarra. The parties' motions to continue (filings 429, 430, 436, and 437) are granted. This case, as to the above-captioned defendants, is set for a jury trial before the undersigned judge in Courtroom 1 (Special Proceedings), Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, Nebraska, commencing at 9:15 a.m. on Tuesday, November 18, 2014, or as soon thereafter as the case may be called, for a duration of 7 (seven) trial days. A pretrial teleconference is scheduled to be held before the undersigned judge at 1:30 p.m. on Friday, November 14, 2014. An email will be sent to counsel of record with instructions for participating in the pretrial conference. Ordered by Judge John M. Gerrard. (GJG)TRIAL ORDER as to defendants Robyn Renea Hamilton, David Codina-Ramirez, Dolores Maria Torres, Jamie Ann Utterbach-Valenzuela, Mike Scott Roselius, Francisco Javier Avila-Nunez, and Julio Cesar Ponce-Ybarra. The parties' motions to continue (filings 429, 430, 436, and 437) are granted. This case, as to the above-captioned defendants, is set for a jury trial before the undersigned judge in Courtroom 1 (Special Proceedings), Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, Nebraska, commencing at 9:15 a.m. on Tuesday, November 18, 2014, or as soon thereafter as the case may be called, for a duration of 7 (seven) trial days. A pretrial teleconference is scheduled to be held before the undersigned judge at 1:30 p.m. on Friday, November 14, 2014. An email will be sent to counsel of record with instructions for participating in the pretrial conference. Ordered by Judge John M. Gerrard. (GJG)TRIAL ORDER as to defendants Robyn Renea Hamilton, David Codina-Ramirez, Dolores Maria Torres, Jamie Ann Utterbach-Valenzuela, Mike Scott Roselius, Francisco Javier Avila-Nunez, and Julio Cesar Ponce-Ybarra. The parties' motions to continue (filings 429, 430, 436, and 437) are granted. This case, as to the above-captioned defendants, is set for a jury trial before the undersigned judge in Courtroom 1 (Special Proceedings), Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, Nebraska, commencing at 9:15 a.m. on Tuesday, November 18, 2014, or as soon thereafter as the case may be called, for a duration of 7 (seven) trial days. A pretrial teleconference is scheduled to be held before the undersigned judge at 1:30 p.m. on Friday, November 14, 2014. An email will be sent to counsel of record with instructions for participating in the pretrial conference. Ordered by Judge John M. Gerrard. (GJG)
September 22, 2014
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ORDER that defendant's Statement of Objection 455 is overruled as to Dolores Maria Torres (9). Ordered by Judge John M. Gerrard. ( JLS, )
October 9, 2014
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ORDER as to defendant Eduardo Valenzuela-Nunez (1). The defendant's unopposed Motion to Continue Sentencing (filing 473) is granted. Defendant Eduardo Valenzuela-Nunez's sentencing is continued to Friday, January 16, 2015, at 2:30 p.m., before the undersigned United States District Judge, in Courtroom No. 1, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, Nebraska. The defendant shall be present at the hearing. Ordered by Judge John M. Gerrard. (GJG)
October 14, 2014
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FINDINGS AND RECOMMENDATION regarding MOTION to Dismiss Criminal Case filing 470 as to defendant Dolores Maria Torres. IT IS HEREBY RECOMMENDED to District Court Judge John Gerrard that Defendant's Motion to Dismiss (filing 470) be denied. The parties are notified that failing to timely object to this Findings and Recommendation may constitute a waiver of any objection. Ordered by Magistrate Judge F.A. Gossett. (GJG)
October 23, 2014
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ORDER as to defendant Dolores Maria Torres (9). The Magistrate Judge's Findings and Recommendation (filing 478) are adopted. The defendant's objection to the Magistrate Judge's findings and recommendation (filing 483) is overruled. The defendant's Motion to Dismiss (filing 470) is denied. Ordered by Judge John M. Gerrard. (GJG)
November 5, 2014
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TRIAL ORDER granting 488 Motion to Continue Trial as to defendants Robyn Renea Hamilton, David Codina-Ramirez, Mike Scott Roselius, Dolores Maria Torres, Julio Cesar Ponce-Ybarra, Jamie Ann Utterbach-Valenzuela, Francisco Javier Avila-Nunez, Francisco Javier Mendoza-Adame, and Yvette Gisella Avila-Martinez. Defendant Hamilton's oral motion to sever is denied. Defendant Mendoza-Adame's oral motion to sever is denied. Jury Trial is set for 3/10/2015 at 09:15 AM Courtroom 1 (Special Proceedings), Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Judge John M. Gerrard. A Pretrial Conference is set for 3/9/2015 at 03:00 PM Courtroom 1 (Special Proceedings), Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Judge John M. Gerrard. Pretrial Motion Deadline is set for 3/4/2015. Counsel shall notify the courtroom deputy on or before Friday, February 27, 2015 if the services of an interpreter will be required for a hearing or trial. The ends of justice are served by trying these defendants jointly. Accordingly, the additional time arising as a result of the granting of the motionthe time between today's date and March 10, 2015 shall be deemed excludable time in any computation of time under the requirements of the Speedy Trial Act, because despite counsel's due diligence, additional time is needed to adequately prepare this case for trial and failing to grant additional time might result in a miscarriage of justice. 18 U.S.C. §§ 3161(h)(1), (h)(6), & (h)(7). Ordered by Judge John M. Gerrard. (KMG)TRIAL ORDER granting 488 Motion to Continue Trial as to defendants Robyn Renea Hamilton, David Codina-Ramirez, Mike Scott Roselius, Dolores Maria Torres, Julio Cesar Ponce-Ybarra, Jamie Ann Utterbach-Valenzuela, Francisco Javier Avila-Nunez, Francisco Javier Mendoza-Adame, and Yvette Gisella Avila-Martinez. Defendant Hamilton's oral motion to sever is denied. Defendant Mendoza-Adame's oral motion to sever is denied. Jury Trial is set for 3/10/2015 at 09:15 AM Courtroom 1 (Special Proceedings), Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Judge John M. Gerrard. A Pretrial Conference is set for 3/9/2015 at 03:00 PM Courtroom 1 (Special Proceedings), Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Judge John M. Gerrard. Pretrial Motion Deadline is set for 3/4/2015. Counsel shall notify the courtroom deputy on or before Friday, February 27, 2015 if the services of an interpreter will be required for a hearing or trial. The ends of justice are served by trying these defendants jointly. Accordingly, the additional time arising as a result of the granting of the motionthe time between today's date and March 10, 2015 shall be deemed excludable time in any computation of time under the requirements of the Speedy Trial Act, because despite counsel's due diligence, additional time is needed to adequately prepare this case for trial and failing to grant additional time might result in a miscarriage of justice. 18 U.S.C. §§ 3161(h)(1), (h)(6), & (h)(7). Ordered by Judge John M. Gerrard. (KMG)TRIAL ORDER granting 488 Motion to Continue Trial as to defendants Robyn Renea Hamilton, David Codina-Ramirez, Mike Scott Roselius, Dolores Maria Torres, Julio Cesar Ponce-Ybarra, Jamie Ann Utterbach-Valenzuela, Francisco Javier Avila-Nunez, Francisco Javier Mendoza-Adame, and Yvette Gisella Avila-Martinez. Defendant Hamilton's oral motion to sever is denied. Defendant Mendoza-Adame's oral motion to sever is denied. Jury Trial is set for 3/10/2015 at 09:15 AM Courtroom 1 (Special Proceedings), Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Judge John M. Gerrard. A Pretrial Conference is set for 3/9/2015 at 03:00 PM Courtroom 1 (Special Proceedings), Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Judge John M. Gerrard. Pretrial Motion Deadline is set for 3/4/2015. Counsel shall notify the courtroom deputy on or before Friday, February 27, 2015 if the services of an interpreter will be required for a hearing or trial. The ends of justice are served by trying these defendants jointly. Accordingly, the additional time arising as a result of the granting of the motionthe time between today's date and March 10, 2015 shall be deemed excludable time in any computation of time under the requirements of the Speedy Trial Act, because despite counsel's due diligence, additional time is needed to adequately prepare this case for trial and failing to grant additional time might result in a miscarriage of justice. 18 U.S.C. §§ 3161(h)(1), (h)(6), & (h)(7). Ordered by Judge John M. Gerrard. (KMG)TRIAL ORDER granting 488 Motion to Continue Trial as to defendants Robyn Renea Hamilton, David Codina-Ramirez, Mike Scott Roselius, Dolores Maria Torres, Julio Cesar Ponce-Ybarra, Jamie Ann Utterbach-Valenzuela, Francisco Javier Avila-Nunez, Francisco Javier Mendoza-Adame, and Yvette Gisella Avila-Martinez. Defendant Hamilton's oral motion to sever is denied. Defendant Mendoza-Adame's oral motion to sever is denied. Jury Trial is set for 3/10/2015 at 09:15 AM Courtroom 1 (Special Proceedings), Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Judge John M. Gerrard. A Pretrial Conference is set for 3/9/2015 at 03:00 PM Courtroom 1 (Special Proceedings), Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Judge John M. Gerrard. Pretrial Motion Deadline is set for 3/4/2015. Counsel shall notify the courtroom deputy on or before Friday, February 27, 2015 if the services of an interpreter will be required for a hearing or trial. The ends of justice are served by trying these defendants jointly. Accordingly, the additional time arising as a result of the granting of the motionthe time between today's date and March 10, 2015 shall be deemed excludable time in any computation of time under the requirements of the Speedy Trial Act, because despite counsel's due diligence, additional time is needed to adequately prepare this case for trial and failing to grant additional time might result in a miscarriage of justice. 18 U.S.C. §§ 3161(h)(1), (h)(6), & (h)(7). Ordered by Judge John M. Gerrard. (KMG)TRIAL ORDER granting 488 Motion to Continue Trial as to defendants Robyn Renea Hamilton, David Codina-Ramirez, Mike Scott Roselius, Dolores Maria Torres, Julio Cesar Ponce-Ybarra, Jamie Ann Utterbach-Valenzuela, Francisco Javier Avila-Nunez, Francisco Javier Mendoza-Adame, and Yvette Gisella Avila-Martinez. Defendant Hamilton's oral motion to sever is denied. Defendant Mendoza-Adame's oral motion to sever is denied. Jury Trial is set for 3/10/2015 at 09:15 AM Courtroom 1 (Special Proceedings), Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Judge John M. Gerrard. A Pretrial Conference is set for 3/9/2015 at 03:00 PM Courtroom 1 (Special Proceedings), Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Judge John M. Gerrard. Pretrial Motion Deadline is set for 3/4/2015. Counsel shall notify the courtroom deputy on or before Friday, February 27, 2015 if the services of an interpreter will be required for a hearing or trial. The ends of justice are served by trying these defendants jointly. Accordingly, the additional time arising as a result of the granting of the motionthe time between today's date and March 10, 2015 shall be deemed excludable time in any computation of time under the requirements of the Speedy Trial Act, because despite counsel's due diligence, additional time is needed to adequately prepare this case for trial and failing to grant additional time might result in a miscarriage of justice. 18 U.S.C. §§ 3161(h)(1), (h)(6), & (h)(7). Ordered by Judge John M. Gerrard. (KMG)TRIAL ORDER granting 488 Motion to Continue Trial as to defendants Robyn Renea Hamilton, David Codina-Ramirez, Mike Scott Roselius, Dolores Maria Torres, Julio Cesar Ponce-Ybarra, Jamie Ann Utterbach-Valenzuela, Francisco Javier Avila-Nunez, Francisco Javier Mendoza-Adame, and Yvette Gisella Avila-Martinez. Defendant Hamilton's oral motion to sever is denied. Defendant Mendoza-Adame's oral motion to sever is denied. Jury Trial is set for 3/10/2015 at 09:15 AM Courtroom 1 (Special Proceedings), Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Judge John M. Gerrard. A Pretrial Conference is set for 3/9/2015 at 03:00 PM Courtroom 1 (Special Proceedings), Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Judge John M. Gerrard. Pretrial Motion Deadline is set for 3/4/2015. Counsel shall notify the courtroom deputy on or before Friday, February 27, 2015 if the services of an interpreter will be required for a hearing or trial. The ends of justice are served by trying these defendants jointly. Accordingly, the additional time arising as a result of the granting of the motionthe time between today's date and March 10, 2015 shall be deemed excludable time in any computation of time under the requirements of the Speedy Trial Act, because despite counsel's due diligence, additional time is needed to adequately prepare this case for trial and failing to grant additional time might result in a miscarriage of justice. 18 U.S.C. §§ 3161(h)(1), (h)(6), & (h)(7). Ordered by Judge John M. Gerrard. (KMG)TRIAL ORDER granting 488 Motion to Continue Trial as to defendants Robyn Renea Hamilton, David Codina-Ramirez, Mike Scott Roselius, Dolores Maria Torres, Julio Cesar Ponce-Ybarra, Jamie Ann Utterbach-Valenzuela, Francisco Javier Avila-Nunez, Francisco Javier Mendoza-Adame, and Yvette Gisella Avila-Martinez. Defendant Hamilton's oral motion to sever is denied. Defendant Mendoza-Adame's oral motion to sever is denied. Jury Trial is set for 3/10/2015 at 09:15 AM Courtroom 1 (Special Proceedings), Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Judge John M. Gerrard. A Pretrial Conference is set for 3/9/2015 at 03:00 PM Courtroom 1 (Special Proceedings), Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Judge John M. Gerrard. Pretrial Motion Deadline is set for 3/4/2015. Counsel shall notify the courtroom deputy on or before Friday, February 27, 2015 if the services of an interpreter will be required for a hearing or trial. The ends of justice are served by trying these defendants jointly. Accordingly, the additional time arising as a result of the granting of the motionthe time between today's date and March 10, 2015 shall be deemed excludable time in any computation of time under the requirements of the Speedy Trial Act, because despite counsel's due diligence, additional time is needed to adequately prepare this case for trial and failing to grant additional time might result in a miscarriage of justice. 18 U.S.C. §§ 3161(h)(1), (h)(6), & (h)(7). Ordered by Judge John M. Gerrard. (KMG)TRIAL ORDER granting 488 Motion to Continue Trial as to defendants Robyn Renea Hamilton, David Codina-Ramirez, Mike Scott Roselius, Dolores Maria Torres, Julio Cesar Ponce-Ybarra, Jamie Ann Utterbach-Valenzuela, Francisco Javier Avila-Nunez, Francisco Javier Mendoza-Adame, and Yvette Gisella Avila-Martinez. Defendant Hamilton's oral motion to sever is denied. Defendant Mendoza-Adame's oral motion to sever is denied. Jury Trial is set for 3/10/2015 at 09:15 AM Courtroom 1 (Special Proceedings), Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Judge John M. Gerrard. A Pretrial Conference is set for 3/9/2015 at 03:00 PM Courtroom 1 (Special Proceedings), Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Judge John M. Gerrard. Pretrial Motion Deadline is set for 3/4/2015. Counsel shall notify the courtroom deputy on or before Friday, February 27, 2015 if the services of an interpreter will be required for a hearing or trial. The ends of justice are served by trying these defendants jointly. Accordingly, the additional time arising as a result of the granting of the motionthe time between today's date and March 10, 2015 shall be deemed excludable time in any computation of time under the requirements of the Speedy Trial Act, because despite counsel's due diligence, additional time is needed to adequately prepare this case for trial and failing to grant additional time might result in a miscarriage of justice. 18 U.S.C. §§ 3161(h)(1), (h)(6), & (h)(7). Ordered by Judge John M. Gerrard. (KMG)TRIAL ORDER granting 488 Motion to Continue Trial as to defendants Robyn Renea Hamilton, David Codina-Ramirez, Mike Scott Roselius, Dolores Maria Torres, Julio Cesar Ponce-Ybarra, Jamie Ann Utterbach-Valenzuela, Francisco Javier Avila-Nunez, Francisco Javier Mendoza-Adame, and Yvette Gisella Avila-Martinez. Defendant Hamilton's oral motion to sever is denied. Defendant Mendoza-Adame's oral motion to sever is denied. Jury Trial is set for 3/10/2015 at 09:15 AM Courtroom 1 (Special Proceedings), Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Judge John M. Gerrard. A Pretrial Conference is set for 3/9/2015 at 03:00 PM Courtroom 1 (Special Proceedings), Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Judge John M. Gerrard. Pretrial Motion Deadline is set for 3/4/2015. Counsel shall notify the courtroom deputy on or before Friday, February 27, 2015 if the services of an interpreter will be required for a hearing or trial. The ends of justice are served by trying these defendants jointly. Accordingly, the additional time arising as a result of the granting of the motionthe time between today's date and March 10, 2015 shall be deemed excludable time in any computation of time under the requirements of the Speedy Trial Act, because despite counsel's due diligence, additional time is needed to adequately prepare this case for trial and failing to grant additional time might result in a miscarriage of justice. 18 U.S.C. §§ 3161(h)(1), (h)(6), & (h)(7). Ordered by Judge John M. Gerrard. (KMG)
January 15, 2015
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ORDER as to defendant Eduardo Valenzuela-Nunez (1). The defendant's Unopposed Motion for Continuance of Sentencing (filing 525) is granted. Defendant Eduardo Valenzuela-Nunez's sentencing is continued to Thursday, March 19, 2015, at 2:30 p.m., before the undersigned United States District Judge, in Courtroom No. 1, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, Nebraska. The defendant shall be present at the hearing. Ordered by Judge John M. Gerrard. (GJG)
February 25, 2015
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FINDINGS AND RECOMMENDATION ON PLEA OF GUILTY as to defendant Francisco Javier Avila-Nunez. It is recommended to Judge John M. Gerrard that, after de novo review, he accept the guilty plea and find the defendant guilty, and that he accept any written plea agreement placed in the court file understanding that such acceptance is subject to the provisions of U.S.S.G. Section 6B1.4(d). If any party desires to object to the findings and recommendation, they shall do so no later than 14 calendar days following the date of the findings and recommendation. Ordered by Magistrate Judge F.A. Gossett. (SLP)
March 9, 2015
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ORDER FOR DISCLOSURE as to defendants Robyn Renea Hamilton (4), and Julio Cesar Ponce-Ybarra (10). The government shall disclose a copy of transcripts of the testimony of James Thompson, SA Paul Orduna, and Inv. Douglas Kelly given before the Grand Jury concerning the above-listed defendants to their attorneys. That defense counsel is hereby prohibited from releasing information contained in the Grand Jury testimony aforementioned to anyone except the above-listed defendants. Ordered by Magistrate Judge F.A. Gossett. (GJG)ORDER FOR DISCLOSURE as to defendants Robyn Renea Hamilton (4), and Julio Cesar Ponce-Ybarra (10). The government shall disclose a copy of transcripts of the testimony of James Thompson, SA Paul Orduna, and Inv. Douglas Kelly given before the Grand Jury concerning the above-listed defendants to their attorneys. That defense counsel is hereby prohibited from releasing information contained in the Grand Jury testimony aforementioned to anyone except the above-listed defendants. Ordered by Magistrate Judge F.A. Gossett. (GJG)
March 17, 2015
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AMENDED ORDER regarding MOTION for Miscellaneous Relief 587 as to defendant Dolores Maria Torres. The U.S. Marshal's Office shall arrange ground transportation for Defendant from California to arrive in Omaha, Nebraska, no later than 8:00 a.m. on March 24, 2015. Should the defendant need transportation to return to the state of California, a separate motion must be filed. Ordered by Magistrate Judge F.A. Gossett. (1 Certified copy to USM)(SLP)
March 18, 2015
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JUDGMENT OF ACQUITTAL as to Julio Cesar Ponce-Ybarra (10). Defendant found not guilty as to Count I of the Sixth Superseding Indictment. All previous superseding indictments are dismissed as to defendant Julio Cesar Ponce-Ybarra only. Ordered by Judge John M. Gerrard. (1 Certified copy to USM)(CCB)
March 19, 2015
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ORDER as to defendant Eduardo Valenzuela-Nunez. The defendant's unopposed Motion to Continue Sentencing (filing 604) is granted. Defendant Eduardo Valenzuela-Nunez's sentencing is continued to Thursday, May 21, 2015, at 2:30 p.m., before the undersigned United States District Judge, in Courtroom No. 1, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, Nebraska. The defendant shall be present at the hearing. Ordered by Judge John M. Gerrard. (GJG)
April 1, 2015
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MEMORANDUM AND ORDER as to defendant Francisco Javier Avila-Nunez (12). The Magistrate Judge's Findings and Recommendation on Plea of Guilty 539 are adopted. The defendant is found guilty. The plea is accepted. The Court finds that the plea of guilty is knowing, intelligent, and voluntary, and that a factual basis exists for the plea. The Court defers acceptance of any plea agreement until the time of sentencing, pursuant to Fed. R. Crim. P. 11(c)(3). Unless otherwise stated at the time of sentencing, any plea agreement will be deemed accepted upon the pronouncement of the judgment and sentence. This case shall proceed to sentencing. Ordered by Judge John M. Gerrard. (GJG)
April 7, 2015
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ORDER as to defendant Jessica Marie Hernandez (5). The defendant's pro se motion for a sentence reduction (filing 536) is denied. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party)(GJG)
April 14, 2015
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ORDER granting 632 Oral Motion to continue Change of Plea Hearing as to Mike Scott Roselius. Change of Plea Hearing is continued to 4/28/2015 at 2:30 PM in Courtroom 6, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Magistrate Judge F.A. Gossett. The time between today's date, and the hearing on the anticipated plea of guilty is excluded for purposes of computing the limits under the Speedy Trial Act. See 18 U.S.C. § 3161(h)(1)(I)&(h)(8)(A)(B). Ordered by Magistrate Judge F.A. Gossett. (SLP)
May 13, 2015
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TENTATIVE FINDINGS OF FACT regarding Presentence Investigation Report as to defendant Francisco Javier Avila-Nunez. Ordered by Judge John M. Gerrard. (GJG,)
May 19, 2015
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TENTATIVE FINDINGS regarding Presentence Investigation Report as to defendant Francisco Javier Mendoza-Adame. Ordered by Judge John M. Gerrard. (JAB)
May 22, 2015
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TENTATIVE FINDINGS OF FACT regarding Presentence Investigation Report as to defendant David Codina-Ramirez. Ordered by Judge John M. Gerrard. (JSF)
May 29, 2015
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TENTATIVE FINDINGS OF FACT regarding Presentence Investigation Report as to defendant Robyn Renea Hamilton. Ordered by Judge John M. Gerrard. (GJG)
June 3, 2015
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TENTATIVE FINDINGS OF FACT regarding Presentence Investigation Report as to defendant Dolores Maria Torres. Ordered by Judge John M. Gerrard. (GJG)
June 22, 2015
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JUDGMENT as to Francisco Javier Avila-Nunez (12), Count 1s - Defendant pleaded guilty to count I of the Sixth Superseding Indictment and is committed to the custody of the United States Bureau of Prisons to be imprisoned for a term of 120 months; 5 years supervised release; $100.00 special assessment. Count 1 - The fifth superseding indictment is dismissed on the motion of the United States as to this defendant only as to defendant Francisco Javier Avila-Nunez. Ordered by Judge John M. Gerrard. (4 Certified copies to USM) (ADB)
June 22, 2015
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JUDGMENT as to Robyn Renea Hamilton (4), Count 1sssss - Defendant was found guilty on 03/17/2015 on count I of the Sixth Superseding Indictment and is committed to the custody of the United States Bureau of Prisons to be imprisoned for a term of 120 months; The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons before 1:00 p.m. on August 27, 2015, as notified by the U. S. Marshal; 5 years supervised release; $100.00 special assessment. Counts 1, 1s, 1ss, 1sss, 1ssss - All prior superseding indictments are dismissed on the motion of the United States as to this defendant only as to defendant Robyn Renea Hamilton. Ordered by Judge John M. Gerrard. (4 Certified copies to USM) (ADB)
June 22, 2015
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JUDGMENT as to David Codina-Ramirez (6), Count 1ssss - Defendant pleaded guilty to count I of the Sixth Superseding Indictment and is committed to the custody of the United States Bureau of Prisons to be imprisoned for a term of 120 months; 5 years supervised release, $100.00 special assessment. Counts 1, 1s, 1ss, 1sss - All prior superseding indictments are dismissed on the motion of the United States as to this defendant only as to defendant David Codina-Ramirez. Ordered by Judge John M. Gerrard. (4 Certified copies to USM) (ADB)
June 23, 2015
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ORDER permitting defendant to proceed on appeal in forma pauperis as to defendant Robyn Renea Hamilton. Ordered by Judge John M. Gerrard. (GJG)
July 7, 2015
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TENTATIVE FINDINGS OF FACT regarding Presentence Investigation Report as to defendant Mike Scott Roselius. Ordered by Judge John M. Gerrard. (GJG)
July 8, 2015
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ORDER as to defendant Dolores Maria Torres (9). The defendant's unopposed Motion to Continue sentencing (filing 696) is granted. Defendant Dolores Maria Torres' sentencing is continued to Thursday, September 10, 2015, at 2:30 p.m., before the undersigned United States District Judge, in Courtroom No. 1, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, Nebraska. The defendant shall be present at the hearing. Ordered by Judge John M. Gerrard. (GJG)
July 13, 2015
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ORDER EXONERATING SURETY BOND as to defendant Julio Cesar Ponce-Ybarra (10). The defendant's motion for release of bond obligation (filing 687) is granted. The defendant's surety bond in the Central District of California, Eastern Division, is exonerated. Ordered by Judge John M. Gerrard. (GJG)
August 14, 2015
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ORDER as to defendant Jessica Marie Hernandez (5). The defendant's "Motion for Case Records" (filing 714) is denied. The defendant's motion for leave to proceed in forma pauperis (filing 715) is denied as moot. The Clerk of the Court is directed to provide the defendant with a copy of this order and a copy of the Court's request for transcript form. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party with form as directed)(GJG)
August 25, 2015
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ORDER as to defendant Eduardo Valenzuela-Nunez (1). The defendant's unopposed Motion for Continuance of Sentencing (filing 719) is granted. Defendant Eduardo Valenzuela-Nunez's sentencing is continued to Thursday, October 15, 2015, at 2:30 p.m., before the undersigned United States District Judge, in Courtroom No. 1, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, Nebraska. The defendant shall be present at the hearing. Ordered by Judge John M. Gerrard. (GJG)
September 3, 2015
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ORDER as to defendant Dolores Maria Torres (9). The defendant's unopposed Motion to Continue sentencing (filing 740) is granted. Defendant Dolores Maria Torres' sentencing is continued to Thursday, October 15, 2015, at 2:00 p.m., before the undersigned United States District Judge, in Courtroom No. 1, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, Nebraska. The defendant shall be present at the hearing. Ordered by Judge John M. Gerrard. (GJG)
October 26, 2015
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ORDER as to defendant Francisco Javier Avila-Nunez (12). The defendant's motion for appointment of counsel (filing 752) is denied. The Clerk of the Court shall send a copy of this order to the defendant at his last known address. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party)(GJG)
November 23, 2015
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JUDGMENT as to defendant Eduardo Valenzuela-Nunez. Defendant pleaded guilty to count I of the Second Superseding Indictment and is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a term of 240 months; 7 years of Supervised Release with Special Conditions; $100.00 Special Assessment. On motion of the Government, the remaining counts of the second superseding indictment, original indictment, superseding indictment, and third superseding indictment are dismissed. Ordered by Judge John M. Gerrard. (4 Certified copies to USM)(GJG)
November 23, 2015
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JUDGMENT as to defendant Dolores Maria Torres. Defendant pleaded guilty to count I of the Information and is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a term of time served; 2 years of Supervised Release with Special Conditions; $100.00 Special Assessment. All prior indictments are dismissed on the motion of the United States as to this defendant only. Ordered by Judge John M. Gerrard. (1 Certified copy to USM)(GJG)
December 2, 2015
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ORDER as to defendant Jessica Marie Hernandez (5). The defendant's motion (filing 768) is denied. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party)(GJG)
December 8, 2015
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ORDER REDUCING SENTENCE - USSC Amendment as to defendant Kailee Marie Davis (3). The defendant's previously imposed sentence of imprisonment of 108 months is reduced to 87 months. Filing nos. 770 and 771 are granted as provided herein. Ordered by Judge John M. Gerrard. (JAB)
June 30, 2016
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ORDER as to defendant Jamie Ann Utterbach-Valenzuela (11). The Motion to Continue Change of Plea Hearing 796 is granted. The Change of Plea hearing is continued to August 4, 2016 at 1:30 p.m. before Magistrate Judge F.A. Gossett, Courtroom No. 6, Second Floor, Roman L. Hruska U.S. Courthouse, 111 So. 18th Plaza, Omaha, Nebraska. For this defendant, the time between today's date and the hearing on the anticipated plea of guilty is excluded for purposes of computing the limits under the Speedy Trial Act. See 18 U.S.C. 3161(h)(1). This is the final extension of time for a Change of Plea Hearing. No further continuances will be granted. Since this is a criminal case, the defendant must be present. Ordered by Magistrate Judge F.A. Gossett. (GJG)
August 4, 2016
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FINDINGS AND RECOMMENDATION ON PLEA OF GUILTY as to defendant Jamie Ann Utterbach-Valenzuela. It is recommended Judge John M. Gerrard that, after de novo review, he accept the guilty plea and find the defendant guilty of the crime(s) to which the defendant tendered a guilty plea, and that he accept any written plea agreement placed in the court file understanding that such acceptance is subject to the provisions of U.S.S.G. Section 6B1.4(d). If any party desires to object to the findings and recommendation, they shall do so no later than 14 calendar days following the date of the findings and recommendation. Ordered by Magistrate Judge F.A. Gossett. (SLP)
August 23, 2016
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MEMORANDUM AND ORDER as to defendant Jamie Ann Utterbach-Valenzuela (11). The Magistrate Judge's Findings and Recommendation on Plea of Guilty are adopted. The defendant is found guilty. The plea is accepted. The Court finds that the plea of guilty is knowing, intelligent, and voluntary, and that a factual basis exists for the plea. The Court defers acceptance of any plea agreement until the time of sentencing, pursuant to Fed. R. Crim. P. 11(c)(3). Unless otherwise stated at the time of sentencing, any plea agreement will be deemed accepted upon the pronouncement of the judgment and sentence. This case shall proceed to sentencing. Ordered by Judge John M. Gerrard. (GJG)
October 17, 2016
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TENTATIVE FINDINGS OF FACT regarding Presentence Investigation Report as to defendant Jamie Ann Utterbach-Valenzuela. Ordered by Judge John M. Gerrard. (GJG)
October 24, 2017
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ORDER that the defendant's motion to reduce sentence (filing 838) is denied as to defendant Jessica Marie Hernandez. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party) (LAC)
April 13, 2018
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MEMORANDUM AND ORDER - Robyn Renea Hamilton's pro se motion to vacate under 28 U.S.C. § 2255 (filing 835) is denied. The Court will not issue a certificate of appealability in this matter. A separate judgment will be entered. The Clerk is directed to mail a copy of this Memorandum and Order to Hamilton at her last known address. Ordered by Judge John M. Gerrard. (Copy mailed to defendant) (LKO) Civil Case 8:17-cv-00210-JMG closed.