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13-273 - USA v. West


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13-273 - USA v. West
August 8, 2013
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ORDER that the telephonic 6 Oral Motion to continue the initial appearance is granted as to Chet Lee West (1). Initial Appearance set for 9/23/2013 at 01:30 PM in Courtroom 7, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Magistrate Judge Thomas D. Thalken. Further, the court has received a letter from the defendant suggesting the dismissal of the charges. His request is denied, without prejudice. The defendant shall cooperate with the office of Pretrial Services in the preparation of the Pretrial Services Report prior to his arrival in the District of Nebraska on September 23, 2013. Ordered by Magistrate Judge Thomas D. Thalken. (copy mailed to defendant at 32 Fairbanks St., Hillside, NJ 07205 and copy given to Pretrial Services) (ADB)
September 26, 2013
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FINDINGS AND RECOMMENDATION to Judge Kopf that the MOTION to Dismiss Criminal Case 8 and MOTION to Quash 10 be denied as to defendant Chet Lee West. Ordered by Magistrate Judge Thomas D. Thalken. (Copy mailed to pro se party)(ADB)
October 4, 2013
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ORDER as to defendant Chet Lee West. Defendant West's motion for an extension of time (Filing No. 28) is granted. West is given until on or before October 31, 2013, in which to file pretrial motions pursuant to the progression order. The additional time arising as a result of the granting of the motion, i.e., the time between October 4, 2013, and October 31, 2013, shall be deemed excludable time in any computation of time under the requirement of the Speedy Trial Act. Ordered by Magistrate Judge Thomas D. Thalken. (Copy mailed to pro se party)(GJG)
October 16, 2013
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MEMORANDUM AND ORDER that the magistrate judge's findings and recommendation 22 is adopted. The defendant's motion to dismiss 8 and motion to quash the indictment 10 are denied in all respects as to Chet Lee West (1). Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (JSF)
October 28, 2013
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ORDER granting 32 Motion to Continue. The defendant shall have until 1/31/14 in which to file pretrial motions. The time between 10/28/13 and 1/31/14 shall be deemed excludable time in any computation of time under the requirement of the Speedy Trial Act as to Chet Lee West (1). Ordered by Magistrate Judge Thomas D. Thalken. (JSF)
January 31, 2014
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ORDER denying 34 Motion to Extend as to Chet Lee West (1). Jury Trial set for 3/24/2014 at 09:00 AM Courtroom 1 (Special Proceedings), Roman L. Hruska Federal Courthouse, 111 South 18th Plz, Omaha, NE before Senior Judge Richard G. Kopf. Any motions for a continuance of this trial date shall be electronically filed on or before March 14, 2014. Counsel for the United States shall confer with defendant and, no later than March 17, 2014, advise the court of the anticipated length of trial. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(ADB)
February 6, 2014
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FINDINGS AND RECOMMENDATION regarding "Motion to vacate for lack of Constitutional prescriptions", filing 36 as to defendant Chet Lee West. IT IS RECOMMENDED TO SENIOR JUDGE RICHARD G. KOPF that: West's motion (Filing No. 36) be denied. ADMONITION - Any objection to this Findings and Recommendation shall be filed with the Clerk of the Court within fourteen (14) days after being served with a copy of this Findings and Recommendation. Ordered by Magistrate Judge Thomas D. Thalken. (Copy mailed to pro se party)(GJG)
March 5, 2014
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MEMORANDUM AND ORDER as to defendant Chet Lee West. The magistrate judge's findings and recommendation (filing 37) is adopted. Defendant's motion to vacate (filing 36), liberally construed as a motion to dismiss, and defendant's objections (filings 44 and 45), are denied in all respects. Defendant's request to suppress evidence (filing 44) is denied. Plaintiff's motion for a rule 17.1 hearing (filing 47) is granted. A telephonic hearing in this matter is scheduled for Tuesday, March 18, 2014, at 1:00 p.m. central. The defendant and counsel for the plaintiff shall provide the undersigned's judicial assistant (at 402-437-1640) with their telephone numbers that the courtroom deputy should call the day and time of the hearing. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(GJG)
March 11, 2014
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ORDER as to defendant Chet Lee West. The defendant's motion to continue trial (filing 50) is granted. Trial of this case is continued to July 28, 2014, at 9:00 a.m., before Senior United States District Judge Richard G. Kopf, in the Special Proceedings Courtroom, Roman L. Hruska U.S. Courthouse, 111 South 18th Plaza, Omaha, Nebraska. Since this is a criminal case, the defendant shall be present unless excused by the court. The time between today's date and the new trial date is excluded under the Speedy Trial Act and in the interest of justice. See 18 U.S.C. § 3161. The undersigned's conference call with the parties set on March 18, 2014 is cancelled. The defendant's motion for more definitive statement (filing 49) is denied.Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(GJG)
July 3, 2014
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ORDER RE: TRIAL PREPARATION(CRIMINAL JURY TRIAL) as to Defendant Chet Lee West. Ordered by Chief Judge Laurie Smith Camp. (JB)
July 3, 2014
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ORDER denying 72 Defendant's Motion to Dismiss Criminal Case as to Chet Lee West (1). Ordered by Chief Judge Laurie Smith Camp. (JB)
July 9, 2014
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ORDER as to defendant Chet Lee West. Trial of this matter is rescheduled to commence at 9:00 a.m. on October 7, 2014, before Chief Judge Laurie Smith Camp and a jury in Courtroom No. 2, Third Floor, Roman L. Hruska U.S. Courthouse, 111 South 18th Plaza, Omaha, Nebraska. The ends of justice have been served by granting West's motion and outweigh the interests of the public and West in a speedy trial. The additional time arising as a result of the granting of the motion, i.e., the time between July 9, 2014, and October 7, 2014, shall be deemed excludable time in any computation of time under the requirement of the Speedy Trial Act for the reason that West requires additional time to adequately prepare the case. The failure to grant additional time might result in a miscarriage of justice. 18 U.S.C. § 3161(h)(7)(A) & (B). West shall have to on or before July 25, 2014, in order to: a. File a response to the governments Motion In Limine To Exclude Evidence or Argument by Defendant (Filing No. 60); b. File a Motion In Limine regarding the government's Supplemental Notice of Intent to Introduce Rule 404(b) Evidence (Filing No. 62); c. File a list of exhibits which West intends to introduce at trial on a form available from the clerk; and d. File a list of witnesses West intends to call at time of trial (to include names, addresses, and contact information). Ordered by Magistrate Judge Thomas D. Thalken. (Copy mailed to pro se party)(GJG)
August 26, 2014
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FINDINGS AND RECOMMENDATION regarding MOTION to Suppress 87 as to defendant Chet Lee West. IT IS RECOMMENDED TO CHIEF JUDGE LAURIE SMITH CAMP: The defendant's Motion to Suppress Evidence, Argument and Testimony by the Government (Filing No. 87) be denied. Pursuant to NECrimR 59.2 any objection to this Findings and Recommendation shall be filed with the Clerk of the Court within fourteen (14) days after being served with a copy of this Findings and Recommendation. Ordered by Magistrate Judge Thomas D. Thalken. (Copy mailed to pro se party)(GJG)
August 29, 2014
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ORDER granting 92 Motion to Continue Trial as to Chet Lee West. Jury Trial continued to 12/9/2014 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. Copy mailed to pro se party.( MLF, ) Modified on 8/29/2014 to add copy text(MLF, ).
September 9, 2014
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ORDER as to defendant Chet Lee West (1). The defendant's motion (Filing No. 96) is denied. Ordered by Magistrate Judge Thomas D. Thalken. (Copy mailed to pro se party)(GJG)
October 2, 2014
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MEMORANDUM AND ORDER as to defendant Chet Lee West. The Magistrate Judge's Findings and Recommendation (Filing No. 90) are adopted in their entirety. The Defendant's Motion to Suppress Evidence, Argument and Testimony by the Government (Filing No. 87) is denied, in accordance with the Findings and Recommendation. Ordered by Chief Judge Laurie Smith Camp. (Copy mailed to pro se party)(GJG)
November 12, 2014
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ORDER as to defendant Chet Lee West (1). West's motion to continue trial (Filing No. 109) is granted. Jury Trial set for 2/3/2015 at 09:00 AM in Courtroom 2, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Chief Judge Laurie Smith Camp. The time between November 12, 2014, and February 3, 2015, shall be deemed excludable time in any computation of time under the requirement of the Speedy Trial Act. Ordered by Magistrate Judge Thomas D. Thalken. (Copy mailed to pro se party)(GJG)
November 18, 2014
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FINDINGS AND RECOMMENDATION regarding MOTION to Dismiss Criminal Case filing 108. IT IS RECOMMENDED TO CHIEF JUDGE LAURIE SMITH CAMP: The defendant's Motion to Dismiss for Payment of Assessed Taxes (Filing No. 108) be denied as to defendant Chet Lee West. Pursuant to NECrimR 59.2 any objection to this Findings and Recommendation shall be filed with the Clerk of the Court within fourteen (14) days after being served with a copy of this Findings and Recommendation. Ordered by Magistrate Judge Thomas D. Thalken. (Copy mailed to pro se party)(GJG)
December 22, 2014
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ORDER granting 117 Motion to Continue Trial as to Chet Lee West. Jury Trial continued to 2/17/2015 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, )
February 9, 2015
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ORDER as to defendant Chet Lee West. The Government's Amended Motion in Limine to Exclude Evidence or Argument by the Defendant (Filing No. 64) is granted, as follows: The Defendant Chet Lee West will not be permitted to present argument to the jury that purports to instruct the jury on the law, because such argument would invade the province of the Court. Specifically, the Defendant will not be permitted to argue, or seek to offer or elicit purported evidence, that (a) the laws of the United States including federal tax laws are unconstitutional, (b) he is not subject to the laws of the United States including federal tax laws, and/or (c) wages are not income under the Internal Revenue Code, subject to taxation. The Amended Motion in Limine (Filing No. 64) is otherwise denied, without prejudice to the Plaintiff raising objections at the time of trial. The Government's Motion in Limine to Exclude Evidence or Argument by the Defendant (Filing No. 60) is denied as moot. Ordered by Chief Judge Laurie Smith Camp. (Copy mailed to pro se party)(GJG)
July 14, 2015
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TENTATIVE FINDINGS regarding the Revised Presentence Investigation Report and Addendum as to Defendant Chet Lee West. Ordered by Chief Judge Laurie Smith Camp. (JB)
August 26, 2015
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ORDER permitting the defendant to proceed on appeal in forma pauperis as to defendant Chet Lee West. Ordered by Chief Judge Laurie Smith Camp. (Copy mailed to pro se party)(GJG)
September 20, 2016
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ORDER APPOINTING STAND-BY COUNSEL - The Federal Public Defender for the District of Nebraska is appointed to represent the defendant in this matter as stand-by counsel as to defendant Chet Lee West. Ordered by Chief Judge Laurie Smith Camp. (Copies mailed as directed) (MKR)
November 2, 2016
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AMENDED JUDGMENT - Correction of Sentence on Remand (Fed.R. Crim. P. 35(a)) as to defendant Chet Lee West. Defendant was found guilty on counts I, II and III of the Indictment after a plea of not guilty on 02/24/2015 and is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a fifty-one (51) months on Counts I, II and III of the Indictment. The terms shall run concurrent; three (3) years of Supervised Release with Special Conditions on Counts I, II, and III of Indictment. The terms shall run concurrent; $300.00(paid) Special Assessment; Restitution in the amount of $439,515.81 ($439,224.92 balance remaining). Ordered by Chief Judge Laurie Smith Camp. (1 Certified copy to USM)(GJG)
November 8, 2016
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ORDER permitting defendant to proceed on appeal in forma pauperis as to defendant Chet Lee West. Ordered by Chief Judge Laurie Smith Camp. (Copy mailed to pro se party)(GJG)
December 11, 2017
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ORDER TO WITHDRAW EXHIBITS OR TO SHOW CAUSE WHY EXHIBITS SHOULD NOT BE DESTROYED( Plaintiff's Exhibit Deadline set for 12/26/2017) as to defendant Chet Lee West. Ordered by Chief Judge Laurie Smith Camp. (Copy mailed to pro se party)(MKR)
December 11, 2017
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ORDER TO WITHDRAW EXHBITS OR TO SHOW CAUSE WHY EXHIBITS SHOULD NOT BE DESTROYED. Defendant's Exhibit Deadline set for 1/10/2018 as to defendant Chet Lee West. Ordered by Chief Judge Laurie Smith Camp. (Copy mailed to pro se party)(MKR)
February 14, 2018
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ORDER TO WITHDRAW DEFENDANT'S EXHBITS OR TO SHOW CAUSE WHY EXHIBITS SHOULD NOT BE DESTROYED. Defendant's Exhibit Deadline set for 3/6/2018 as to defendant Chet Lee West. Ordered by Chief Judge Laurie Smith Camp. (MKR)(Copy mailed to prose defendant)