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14-318 - USA v. Harvey


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14-318 - USA v. Harvey
September 24, 2014
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ORDER APPOINTING COUNSEL - CJA Counsel Matthew R. Kahler is appointed to represent the defendant in this matter as to defendant Donald A. Harvey. Ordered by Magistrate Judge Thomas D. Thalken. (JSF)
September 24, 2014
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ORDER that the government's motion for detention of Donald A. Harvey pursuant to the Bail Reform Act is held in abeyance pending the defendant's coming into federal custody. The US Marshal is authorized to return the defendant to the custody of Nebraska state authorities pending the final disposition of this matter and the US Marshal for the District of Nebraska is directed to place a detainer with the correctional officer having custody of the defendant as to defendant Donald A. Harvey. Ordered by Magistrate Judge Thomas D. Thalken. (1 Certified copy to USM) (JSF)
October 15, 2014
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ORDER granting 21 Motion for Enlargement of Time to File Pretrial Motions as to Donald A. Harvey. Pretrial Motion Deadline set for 11/13/2014. The time between October 14, 2014 and November 13, 2014, shall be deemed excludable time in any computation of time under the requirement of the Speedy Trial Act. See 18 U.S.C. ยง 3161(h)(8)(A) & (B). Ordered by Magistrate Judge F.A. Gossett. (SLP)
February 20, 2015
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ORDER granting 25 motion to continue as to Donald A. Harvey (1) - Jury Trial set for 3/30/2015 at 09:00 AM in Courtroom 5, Roman L. Hruska United States Courthouse, 111 South 18th Plaza, Omaha, Nebraska, before Senior Judge Lyle E. Strom. Additional time between March 2, 2015, and March 30, 2015, shall be deemed excludable under the requirement of the speedy trial act. Ordered by Senior Judge Lyle E. Strom. (JDR)
February 25, 2015
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ORDER granting 28 motion to continue as to Donald A. Harvey (1) - Jury Trial set for 4/13/2015 at 09:00 AM in Courtroom 5, Roman L. Hruska United States Courthouse, 111 South 18th Plaza, Omaha, Nebraska, before Senior Judge Lyle E. Strom. Additional time between March 30, 2015, and April 13. 2015, shall be deemed excludable under the requirement of the speedy trial act. Ordered by Senior Judge Lyle E. Strom. (JDR)
June 19, 2015
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ORDER granting the defendant's 50 Motion for enlargment of time to file objections to the PSR, and motions for deviation variance or departure as to Donald A. Harvey (1). Defendant shall have until June 26, 2015 to file said motions. Ordered by Senior Judge Lyle E. Strom. ( MKR)
July 27, 2015
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ORDER granting the 63 Motion for Leave to Appeal In Forma Pauperis as to Donald A. Harvey (1). Defendant may proceed on appeal without prepayment of costs. Defendant's request for appointment of counsel is denied, subject to renewal with the United States Court of Appeals for the Eighth Circuit. Ordered by Senior Judge Lyle E. Strom. (MKR)
September 30, 2015
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ORDER that defendant's motion for new counsel 73 is denied without prejudice to renewal with the United States Court of Appeals for the Eighth Circuit as to Donald A. Harvey (1). Ordered by Senior Judge Lyle E. Strom. (Copy to pro se party) (JSF)
January 5, 2016
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ORDER after review of filing 79 (motion for copies); filing 80 (affidavit in support of motion for copies); and filing 83 (motion for discovery and motion for counsel), the Court notes defendant addressed the envelopes containing these filings to the United States Court of Appeals for the Eighth Circuit. The Clerk of the United States District Court for the District of Nebraska shall forward these items to the Clerk of the United States Court of Appeals for the Eighth Circuit as to defendant Donald A. Harvey. Ordered by Senior Judge Lyle E. Strom. (Copy mailed to pro se party)(MKR)
August 29, 2016
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ORDER APPOINTING COUNSEL - CJA Counsel Michael D. Gooch is appointed to represent the defendant in this matter as to defendant Donald A. Harvey. Ordered by Magistrate Judge F.A. Gossett. (SLP)
September 9, 2016
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ORDER as to defendant Donald A. Harvey. Defendant's motion to continue resentencing 105 is granted; resentencing is rescheduled for: Wednesday, October 12, 2016, at 9 a.m. Courtroom No. 5, Roman L. Hruska United States Courthouse, 111 South 18th Plaza, Omaha, Nebraska. Ordered by Senior Judge Lyle E. Strom. (GJG)
September 22, 2016
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ORDER - IT IS ORDERED that the clerk of court shall strike defendant's affidavit and return the original to him, with copies to his counsel of record as to defendant Donald A. Harvey. Ordered by Senior Judge Lyle E. Strom. (Copy mailed as direct and to pro se party with Original Affidavit)(TCL )
October 11, 2016
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ORDER granting 112 motion to continue as to Donald A. Harvey (1) - Resentencing set for 11/30/2016 at 09:00 AM in Courtroom 5, Roman L. Hruska United States Courthouse, 111 South 18th Plaza, Omaha, Nebraska, before Senior Judge Lyle E. Strom. Ordered by Senior Judge Lyle E. Strom. (JDR)
November 3, 2016
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MEMORANDUM AND ORDER - IT IS ORDERED: Defendant's Affidavit in support of Motion for New Trial, New Counsel and Protective Petition is denied for want of jurisdiction. To the extent the Court has jurisdiction, the Court denies the motion as without merit and/or as moot in light of the Eighth Circuit's opinion. Defendant's Motion for Stay-Protective Petition of Motion to Vacate, Set Aside, or Correct a Sentence is denied as untimely. Defendant's Motion for Notice of Docket Activity is granted. The Clerk of the District Court is directed to send defendant a copy of the notice of docket activity from July 2014 to the date of this order. Defendant's Motion to Appoint New Counsel is denied as moot. Defendant's request to order a new presentence investigation and report is denied. Defendant's Motion to Take Judicial Notice of defendant's innocence and of his previous counsel's misconduct and/or ineffective assistance of counsel is denied. Defendant's motion to continue is denied as moot. Defendant's Motion for Leave to Issue Subpoenas Duces Tecum and Amended Motion for Leave to Issue Subpoenas Duces Tecum are denied as to Donald A. Harvey. Ordered by Senior Judge Lyle E. Strom. (Copy mailed to pro se party)( TCL) Civil Case 8:16-cv-00134-LES closed.
November 23, 2016
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ORDER granting 123 motion to continue as to Donald A. Harvey (1) - Resentencing set for 1/11/2017 at 09:00 AM in Courtroom 5, Roman L. Hruska United States Courthouse, 111 South 18th Plaza, Omaha, Nebraska, before Senior Judge Lyle E. Strom. Ordered by Senior Judge Lyle E. Strom. (JDR)
December 6, 2016
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MEMORANDUM AND ORDER as to defendant Donald A. Harvey. Defendant's motion for reconsideration 120 is denied. Defendant's motion to take judicial notice of the nineteen presentence investigation reports, sentencing orders, and statements of reasons 124 is denied. Ordered by Senior Judge Lyle E. Strom. (GJG)
January 6, 2017
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ORDER granting 130 motion to continue as to Donald A. Harvey (1) - Resentencing set for 1/25/2017 at 09:00 AM in Courtroom 5, Roman L. Hruska United States Courthouse, 111 South 18th Plaza, Omaha, Nebraska, before Senior Judge Lyle E. Strom. No further continuances will be granted. Ordered by Senior Judge Lyle E. Strom. (JDR)
January 24, 2017
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ORDER that Count II of the Indictment is dismissed as to defendant Donald A. Harvey. Ordered by Senior Judge Lyle E. Strom. (MKR)
February 10, 2017
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AMENDED JUDGMENT for Correction of Sentence on Remand (18 U.S.C. 3742(f)(1) and (2)) as to Donald A. Harvey (1), Count 1 - Defendant pleaded nolo contendere to counts I and II of the Indictment; Count II of the Indictment was dismissed on remand from the United States Court of Appeals for the Eighth Circuit; Defendant is committed to the custody of the United States Bureau of Prisons for a total term of 74 months on count I; Supervised Release for a term of 5 years with special conditions; Special Assessment $100.00. Count 2 - Count II of the Indictment was dismissed on remand from the United States Court of Appeals for the Eighth Circuit as to defendant Donald A. Harvey. Ordered by Senior Judge Lyle E. Strom. (4 Certified copies to USM) (ADB) Modified on 2/13/2017 to add supervised release. (JAB)
February 13, 2017
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ORDER regarding Notice of Appeal to USCA, 144 as to defendant Donald A. Harvey. No order will be entered in this direct criminal appeal, and the party is permitted to proceed on appeal in forma pauperis. Ordered by Senior Judge Lyle E. Strom. (JAB)
July 25, 2018
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ORDER - The government's Motion to Dismiss, ECF No. 162, is granted. The Indictment, ECF No. 1, is dismissed as to defendant Donald A. Harvey. Ordered by Chief Judge Laurie Smith Camp. (LKO)