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15-247 - USA v. Washington et al


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15-247 - USA v. Washington et al
August 24, 2015
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ORDER APPOINTING COUNSEL as to defendant Blayne L. McCroy - CJA Counsel Deborah D. Cunningham is appointed to represent the defendant in this matter. Ordered by Magistrate Judge Thomas D. Thalken. (MBM)
August 24, 2015
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ORDER APPOINTING COUNSEL as to defendant Jaquan D. Washington - The Federal Public Defender for the District of Nebraska is appointed to represent the defendant in this matter. Ordered by Magistrate Judge Thomas D. Thalken. (MBM)
August 24, 2015
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ORDER APPOINTING COUNSEL as to defendant Edward Davis - CJA Counsel Joseph L. Howard is appointed to represent the defendant in this matter. Ordered by Magistrate Judge Thomas D. Thalken. (MBM)
August 24, 2015
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ORDER of Detention pending trial as to defendant Blayne L. McCroy. Ordered by Magistrate Judge Thomas D. Thalken. (MBM)
September 2, 2015
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ORDER of Detention pending trial as to defendant Jaquan D. Washington. Ordered by Magistrate Judge Thomas D. Thalken. (JSF)
September 2, 2015
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ORDER of Detention pending trial as to defendant Edward Davis. Ordered by Magistrate Judge Thomas D. Thalken. (JSF)
September 8, 2015
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ORDER that defendant Davis' motion for an extension of time (Filing No. 45) is granted. All defendants are given until on or before October 7, 2015, in which to file pretrial motions. The additional time between September 8, 2015, and October 7, 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. (MBM)ORDER that defendant Davis' motion for an extension of time (Filing No. 45) is granted. All defendants are given until on or before October 7, 2015, in which to file pretrial motions. The additional time between September 8, 2015, and October 7, 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. (MBM)ORDER that defendant Davis' motion for an extension of time (Filing No. 45) is granted. All defendants are given until on or before October 7, 2015, in which to file pretrial motions. The additional time between September 8, 2015, and October 7, 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. (MBM)
October 7, 2015
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ORDER that Defendant Davis' motion for an extension of time (Filing No. 48) is granted. All defendants are given until on or before November 9, 2015, in which to file pretrial motions pursuant to the progression order. The ends of justice have been served by granting such motion and outweigh the interests of the public and the defendants in a speedy trial. The additional time arising as a result of the granting of the motion, i.e., the time between October 7, 2015, and November 9, 2015, shall be deemed excludable time in any computation of time under the requirement of the Speedy Trial Act for the reason defendants' counsel require additional time to adequately prepare the case, taking into consideration due diligence of counsel, and the novelty and complexityof this case. The failure to grant additional time might result in a miscarriage of justice. 18 U.S.C. §3161(h)(7)(A) & (B). Ordered by Magistrate Judge Thomas D. Thalken. (Copies mailed as directed) (LAC)ORDER that Defendant Davis' motion for an extension of time (Filing No. 48) is granted. All defendants are given until on or before November 9, 2015, in which to file pretrial motions pursuant to the progression order. The ends of justice have been served by granting such motion and outweigh the interests of the public and the defendants in a speedy trial. The additional time arising as a result of the granting of the motion, i.e., the time between October 7, 2015, and November 9, 2015, shall be deemed excludable time in any computation of time under the requirement of the Speedy Trial Act for the reason defendants' counsel require additional time to adequately prepare the case, taking into consideration due diligence of counsel, and the novelty and complexityof this case. The failure to grant additional time might result in a miscarriage of justice. 18 U.S.C. §3161(h)(7)(A) & (B). Ordered by Magistrate Judge Thomas D. Thalken. (Copies mailed as directed) (LAC)ORDER that Defendant Davis' motion for an extension of time (Filing No. 48) is granted. All defendants are given until on or before November 9, 2015, in which to file pretrial motions pursuant to the progression order. The ends of justice have been served by granting such motion and outweigh the interests of the public and the defendants in a speedy trial. The additional time arising as a result of the granting of the motion, i.e., the time between October 7, 2015, and November 9, 2015, shall be deemed excludable time in any computation of time under the requirement of the Speedy Trial Act for the reason defendants' counsel require additional time to adequately prepare the case, taking into consideration due diligence of counsel, and the novelty and complexityof this case. The failure to grant additional time might result in a miscarriage of justice. 18 U.S.C. §3161(h)(7)(A) & (B). Ordered by Magistrate Judge Thomas D. Thalken. (Copies mailed as directed) (LAC)
November 9, 2015
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ORDER that the Defendant Davis's motion for an extension of time (Filing No. 58) is granted. Davis is given until on or before November 20, 2015, in which to file pretrial motions pursuant to the progression order. The ends of justice have been served by granting such motion and outweigh the interests of the public and the defendant in a speedy trial. The additional time arising as a result of the granting of the motion, i.e., the time between November 9, 2015, and November 20, 2015, shall be deemed excludable time in any computation of time under the requirement of the Speedy Trial Act for the reason defendant's counsel requires additional time to adequately prepare the case, taking into consideration due diligence of counsel, and the novelty and complexity of this case. The failure to grant additional time might result in a miscarriage of justice. 18 U.S.C. §3161(h)(7)(A) & (B). Ordered by Magistrate Judge Thomas D. Thalken. (LAC)
November 10, 2015
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ORDER as to defendant Blayne L. McCroy that defendant's motion for an extension of time (Filing No. 60) is granted. Defendant is given until on or before November 20, 2015, in which to file pretrial motions. The time between November 10, 2015, and November 20, 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. (MBM)
January 15, 2016
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ORDER as to defendant Jaquan D. Washington (1). This matter is before the court on the motion of defendant Jaquan D. Washington (Washington) for an extension of time to file objection to the magistrate judge's Findings and Recommendations regarding a motion to dismiss (Filing No. 97). As of this date, such written Findings and Recommendation have not been filed. Washington shall have rule time in which to object once such written Findings and Recommendations are filed. Accordingly, the motion for an extension of time (Filing No. 97) is denied as moot. Ordered by Magistrate Judge Thomas D. Thalken. (GJG)
January 20, 2016
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FINDINGS AND RECOMMENDATION and ORDER as to defendant Jaquan D. Washington that that the motion to suppress (Filing No. 85) be denied. The clerk shall cause a transcript of the hearing to be prepared and filed. Any objection to those Findings and Recommendations shall be filed with the Clerk of the Court within fourteen (14) days after the transcript has been filed. Ordered by Magistrate Judge Thomas D. Thalken. (LAC)
January 26, 2016
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FINDINGS AND RECOMMENDATION that Defendants' motions to dismiss (Filing Nos. 53, 63 and 65) be denied as to defendant(s) Jaquan D. Washington, Blayne L. McCroy, and Edward Davis. Pursuant to NECrimR 59.2 any objection to this Order shall be filed with the Clerk of the Court within fourteen (14) days after being served with a copy of this Order. 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 Thomas D. Thalken. (LAC)FINDINGS AND RECOMMENDATION that Defendants' motions to dismiss (Filing Nos. 53, 63 and 65) be denied as to defendant(s) Jaquan D. Washington, Blayne L. McCroy, and Edward Davis. Pursuant to NECrimR 59.2 any objection to this Order shall be filed with the Clerk of the Court within fourteen (14) days after being served with a copy of this Order. 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 Thomas D. Thalken. (LAC)FINDINGS AND RECOMMENDATION that Defendants' motions to dismiss (Filing Nos. 53, 63 and 65) be denied as to defendant(s) Jaquan D. Washington, Blayne L. McCroy, and Edward Davis. Pursuant to NECrimR 59.2 any objection to this Order shall be filed with the Clerk of the Court within fourteen (14) days after being served with a copy of this Order. 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 Thomas D. Thalken. (LAC)
February 4, 2016
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ORDER as to defendant Edward Davis regarding 100 Motion in Limine. The defendant is granted time to February 19, 2016, in which to submit an appropriate CJA Form 21 to employ an expert and to respond to the government's position that GPS evidence is not subject to a Daubert hearing. The government shall have to February 25, 2016, in which to respond. The undersigned shall decide if a Daubert hearing is required and, if so, schedule such a hearing after consultation with counsel. Ordered by Magistrate Judge Thomas D. Thalken. (MBM)
February 5, 2016
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FINDINGS AND RECOMMENDATION that the motion to suppress (Filing No. 106 as orally amended during the hearing) as to defendant Edward Davis, be denied as set forth in the oral Findings and Recommendation as will be reflected in the transcript. FURTHER, IT IS ORDERED: The clerk shall cause a transcript of the hearing to be prepared and filed. Pursuant to NECrimR 59.2 any objection to those Findings and Recommendations shall be filed with the Clerk of the Court within fourteen (14) days after the transcript has been filed. Failure to timely object may constitute a waiver of any such objection. The brief in support of any objection shall be filed at the time of filing such objection. Failure to file a brief in support of any objection may be deemed an abandonment of the objection. as to defendant Edward Davis. Ordered by Magistrate Judge Thomas D. Thalken. (LAC)
March 4, 2016
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FINDINGS AND RECOMMENDATION that Edward Davis' MOTION to Suppress Evidence and Request for Franks Hearing67 be denied. Ordered by Magistrate Judge Thomas D. Thalken. (TRL)
March 7, 2016
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ORDER that to date no CJA form 21 has been requested to employ an expert and no response has been filed regarding the government's position. Accordingly, the court deems the motion in limine (Filing No. 100) to be abandoned. The motion is denied, without prejudice. Any objection to this Order shall be filed with the Clerk of the Court within fourteen (14) days after being served with a copy of this Order as to defendant Edward Davis. Ordered by Magistrate Judge Thomas D. Thalken. (LAC)
April 12, 2016
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ORDER denying 65 motion to dismiss Count II as to Edward Davis (3); denying 67 motion to suppress as to Edward Davis (3); denying 106 motion to suppress as to Edward Davis (3); approving and adopting 119 Findings and Recommendations as to Edward Davis (3); approving and adopting 130 Findings and Recommendations as to Edward Davis (3); overruling 136 objection to Findings and Recommendation as to Edward Davis (3); overruling 140 objection to Findings and Recommendation as to Edward Davis (3); approving and adopting 142 Findings and Recommendations as to Edward Davis (3).A change of plea hearing is scheduled for April 19, 2016, at 9:30 a.m., Courtroom No. 5, Roman L. Hruska United States Courthouse, 111 South 18th Plaza, Omaha, Nebraska, before Judge Lyle E. Strom. Additional time between April 12, 2016, and April 19, 2016, shall be deemed excludable under the requirement of the speedy trial act. Ordered by Senior Judge Lyle E. Strom. (JDR)
April 15, 2016
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ORDER denying 53 motion to dismiss Count II as to Jaquan D. Washington (1); denying 85 motion to suppress as to Jaquan D. Washington (1); approving and adopting 115 Findings and Recommendations as to Jaquan D. Washington (1); approving and adopting 119 Findings and Recommendations as to Jaquan D. Washington (1); overruling 131 objection to Findings and Recommendation as to Jaquan D. Washington (1); overruling 134 objection to Findings and Recommendation as to Jaquan D. Washington (1). Trial of this matter is scheduled for May 2, 2016, at 9:30 a.m., Courtroom No. 5, Roman L. Hruska United States Courthouse, 111 South 18th Plaza, Omaha, Nebraska. Additional time between April 15, 2016, and May 2, 2016, shall be deemed excludable under the requirement of the speedy trial act. Ordered by Senior Judge Lyle E. Strom. (JDR)
December 9, 2016
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ORDER that the defendant's request for copies (Filing No. 185) is denied as to Blayne L. McCroy. Ordered by Magistrate Judge Thomas D. Thalken. (Copy mailed to pro se party) (LAC)