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13-088 - USA v. Avalos et al


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13-088 - USA v. Avalos et al
April 3, 2013
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ORDER of Detention pending trial as to defendant Juan Avalos. Ordered by Magistrate Judge F.A. Gossett. (SLP)
June 26, 2013
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FINDINGS AND RECOMMENDATION to Judge Smith Camp that the Amended MOTION to Suppress Evidence 17 be denied as to defendant Juan Avalos. Ordered by Magistrate Judge Thomas D. Thalken. (ADB)
July 31, 2013
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ORDER adopting the 27 Findings and Recommendations issued by Magistrate Thomas D. Thalken in their entirety as to Juan Avalos (1). Defendant's 28 Objection to Findings and Recommendation is overruled. The Defendant's Amended 17 Motion to Suppress is denied. Ordered by Chief Judge Laurie Smith Camp. ( MKR)
August 2, 2013
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ORDER granting 34 Motion to Continue Trial as to Juan Avalos. Jury Trial is continued to 10/1/2013 at 9:00 AM in Courtroom 2, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Chief Judge Laurie Smith Camp. The time between today's date and the anticipated trial is excluded for purposes of computing the limits under the Speedy Trial Act. Ordered by Magistrate Judge F.A. Gossett. ( MLF, )
September 17, 2013
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ORDER granting 37 Motion to Continue Trial as to Juan Avalos. Jury Trial continued to 11/19/2013 at 9:00 AM in Courtroom 2, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Chief Judge Laurie Smith Camp. The time between today's date and the anticipated trial is excluded for purposes of computing the limits under the Speedy Trial Act. Ordered by Magistrate Judge F.A. Gossett. ( MLF, )
November 12, 2013
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ORDER granting 40 Motion to Continue Trial as to Juan Avalos. For good cause shown, the Jury Trial is continued to 1/7/2014 at 9:00 AM in Courtroom 2, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Chief Judge Laurie Smith Camp. The time between today's date and the anticipated trial is excluded for purposes of computing the limits under the Speedy Trial Act. Ordered by Magistrate Judge F.A. Gossett. ( MLF, )
April 23, 2014
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TENTATIVE FINDINGS regarding the Revised Presentence Investigation Report and Addendum as to Defendant Juan Avalos. Ordered by Chief Judge Laurie Smith Camp. (JB)
April 30, 2014
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ORDER APPOINTING COUNSEL - Michelle M. Lents, a CJA Training Panel Member, is appointed as counsel to assist in the defense of the defendant in this matter as to defendant Jose Avalos. Ordered by Magistrate Judge Thomas D. Thalken. (JSF)
April 30, 2014
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ORDER that the defendant's motion for an extension of time to file pretrial motions is granted. The defendant shall have until 6/20/2014 in which to file pretrial motions. The time between 4/30/14 and 6/20/14 shall be deemed excludable time in any computation of time under the Speedy Trial Act as to defendant Jose Avalos. Ordered by Magistrate Judge Thomas D. Thalken. (JSF)
April 30, 2014
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ORDER APPOINTING COUNSEL as to defendant Jose Avalos - The Federal Public Defender for the District of Nebraska is appointed to represent the defendant in this matter. At the time of the entry of judgment herein, defendant shall file a current and complete financial statement to aid the court in determining whether any portion of counsel's fees and expenses should be reimbursed by defendant. Ordered by Magistrate Judge Thomas D. Thalken. (MBM)
April 30, 2014
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ORDER of Detention pending trial as to defendant Jose Avalos. Ordered by Magistrate Judge Thomas D. Thalken. (JSF)
June 9, 2014
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AMENDED TENTATIVE FINDINGS regarding the Revised Presentence Investigation Report and Addendum as to Defendant Juan Avalos. The Defendant's Objections to Presentence Investigation Report (Filing No. 49) and Motion to Strike (Filing No. 71) are denied as moot. Ordered by Chief Judge Laurie Smith Camp. (JB)
July 3, 2014
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ORDER RE: TRIAL PREPARATION (CRIMINAL JURY TRIAL) as to Defendant Jose Avalos.Ordered by Chief Judge Laurie Smith Camp. (JB)
July 11, 2014
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ORDER on the motion for a material witness warrant 86 as to defendant Jose Avalos. Juan Avalos is in custody awaiting transportation to a designated Bureau of Prisons facility to commence service of the sentence imposed on him in this case. The court finds Juan Avalos should be held as a material witness for testimony in the trial of Jose Avalos. Accordingly, the U.S. Marshal shall detain Juan Avalos in the Omaha, Nebraska, area until such time as he provides testimony or is otherwise discharged as a witness in the trial of Jose Avalos. The court recommends the U.S. Marshal place Juan Avalos at the Douglas County Correctional Center while detained as a material witness in this matter. Ordered by Magistrate Judge Thomas D. Thalken. (1 Certified copy to USM) (MKR)
July 16, 2014
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ORDER as to Jose Avalos. The Motion to Continue Trial 96 is granted. The Objection to Motion to Continue Trial 97 is denied. Jury Trial continued to 8/26/2014 at 9:00 AM in Courtroom 2, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Chief Judge Laurie Smith Camp. The time between today's date and the anticipated trial is excluded for purposes of computing the limits under the Speedy Trial Act. Ordered by Magistrate Judge F.A. Gossett. ( MLF, )
July 18, 2014
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AMENDED ORDER as to Jose Avalos. The Motion to Continue Trial 96 is granted. The Objection to Motion to Continue Trial 97 is denied. Jury Trial continued to 8/26/2014 at 9:00 AM in Courtroom 2, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Chief Judge Laurie Smith Camp. The time between today's date and the anticipated trial is excluded for purposes of computing the limits under the Speedy Trial Act. Ordered by Magistrate Judge F.A. Gossett. Ordered by Magistrate Judge F.A. Gossett. (MLF, )
August 22, 2014
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ORDER upon an 100 Oral Motion by defense counsel and the representation that the government has no objection, the jury trial scheduled to begin in this case on August 26, 2014, is hereby continued. A new trial date will be set by further order of the Court as to Jose Avalos (2). Ordered by Magistrate Judge F.A. Gossett. ( MKR)
September 29, 2014
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ORDER granting 110 Motion to Dismiss Count III as to Jose Avalos (2). Count III of the Indictment is dismissed. Ordered by Chief Judge Laurie Smith Camp. (JSF)
October 3, 2014
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ORDER APPOINTING COUNSEL as to defendant Jose Avalos - CJA Counsel William J. Pfeffer is appointed to represent the defendant in this matter. Ordered by Magistrate Judge Thomas D. Thalken. (MBM)
October 22, 2014
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ORDER RE: TRIAL PREPARATION (CRIMINAL JURY TRIAL) as to Defendant Jose Avalos.Ordered by Chief Judge Laurie Smith Camp. (JB)
February 24, 2015
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TENTATIVE FINDINGS regarding the Revised Presentence Investigation Report and Addendum as to Defendant Jose Avalos. Ordered by Chief Judge Laurie Smith Camp. (JB)
March 26, 2015
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ORDER - The Defendant's affidavit which has been construed as a motion for leave to proceed on appeal in forma pauperis 173 is granted as to Jose Avalos (2). 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) Modified on 3/30/2015 to add "is granted" to the entry (MKR).
October 23, 2015
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ORDER - The defendant's request for transcripts (Filing No. 190) is granted. Jose Avalos, is ordered to pay to the Clerk of Court the amount of $289.50 for the cost of copies of transcripts 73, 140, 141, 184, 185, 186 and 187. Jose Avalos is ordered to pay the Clerk of Court the amount of $10.95 for the cost of a transcript of the Material Witness Hearing held on July 10, 2014. Should the cost of the transcript exceed this amount, the requestor will be required to pay the difference. Likewise, should the cost of the transcript be less than $10.95, a refund check will be issued. Upon receipt of this fee, the Clerk shall arrange for the preparation of the transcript of the hearing held on July 10, 2014. A paper copy of the transcript shall be mailed to the requestor. Brenda L. Fauber, Court Reporter for the jury trial referred to herein, shall notify the defendant of the cost of any portions of the jury trial that have not been transcribed. Upon payment of that amount to Ms. Fauber, she will prepare those transcripts and furnish them to the defendant as to defendant Jose Avalos. Ordered by Magistrate Judge Thomas D. Thalken. (Copy mailed to pro se party and Brenda Fauber) (MKR)
June 15, 2016
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MEMORANDUM AND ORDER - The Order of Magistrate Judge Thomas Thalken 198 is affirmed. The Notice of Appeal 199 submitted by Defendant Jose Avalos is denied as to Jose Avalos (2). Ordered by Chief Judge Laurie Smith Camp. (Copy mailed to pro se party) (JSF)
July 20, 2016
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MEMORANDUM AND ORDER as to defendant Jose Avalos. There are no issues or motions currently pending in this case and no further action will be taken by the Court. Ordered by Chief Judge Laurie Smith Camp. (Copy mailed to pro se party)(GJG)
March 8, 2017
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MEMORANDUM AND ORDER as to defendant Jose Avalos. 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"), ECF No. 207. The Court summarily dismisses the claims presented in Grounds Two, Three, Four, Five, and Six of the Defendant's § 2255 motion. The government will respond to the claims in Ground One of the § 2255 Motion with a supporting brief, and any affidavits, on or before April 3, 2017. The Defendant will file any responsive brief and affidavits on or before April 17, 2017. The Clerk is directed to mail a copy of this Memorandum and Order to the Defendant at his last known address. Ordered by Chief Judge Laurie Smith Camp. (Copy mailed to pro se party)(GJG)
April 10, 2017
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MEMORANDUM AND ORDER as to defendant Jose Avalos (2). The Motion to Withdraw Count I from 2255 Motion, ECF No. 216, filed by Defendant Jose Avalos, is granted. Ground One in Defendant's Motion under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody, ECF No. 207, is deemed withdrawn. For the reasons stated in the Court's earlier Memorandum and Order, ECF No. 210, the Defendant's Motion under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody, ECF No. 207, is denied. The Defendant's Motion to Appoint Counsel, ECF No. 208, is denied. The Plaintiff's Motion to Extend, ECF No. 214, and Motion to Strike, ECF No.215, are denied as moot. The Defendant's application for Certificate of Appealibility, ECF No. 218, is denied. A separate Judgment will be issued. The Clerk is directed to mail a copy of this Memorandum and Order to the Defendant at his last known address. Ordered by Chief Judge Laurie Smith Camp. (Copy mailed to pro se party)(GJG) Civil Case 8:17-cv-00041-LSC closed.
April 10, 2017
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JUDGMENT as to defendant Jose Avalos. Ground One in Defendant's Motion under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody, ECF No. 207,is deemed withdrawn. Grounds Two, Three, Four, Five, and Six in the Defendant's Motion under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody, ECF No. 207, are summarily dismissed. The Defendant's application for Certificate of Appealibility, ECF No. 218, isdenied. The Clerk is directed to mail a copy of this Memorandum and Order to the Defendant at his last known address. Ordered by Chief Judge Laurie Smith Camp. (Copy mailed to pro se party)(GJG, )