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15-343 - USA v. Dortch


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15-343 - USA v. Dortch
November 6, 2015
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ORDER APPOINTING COUNSEL as to defendant Dionte Dortch - 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)[8:15-mj-00311-FG3]
November 12, 2015
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ORDER of Detention pending trial as to defendant Dionte Dortch. Ordered by Magistrate Judge F.A. Gossett. (GJG)[8:15-mj-00311-FG3]
December 16, 2015
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ORDER granting 26 Unopposed Motion to Extend Pretrial Motion Filing Deadline as to Dionte Dortch. Pretrial Motion Deadline set for 12/29/2015. The time between December 16, 2015 and December 29, 2015, 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. (GJG)
December 30, 2015
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ORDER granting in part, and denying in part, 30 Motion to Extend Date for Filing of Pretrial Motions as to Dionte Dortch. Upon review of the file, the court finds that a 30-day extension should be granted. Pretrial Motion Deadline set for 1/28/2016. The time between December 29, 2015 and January 28, 2016, 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)(iv). Ordered by Magistrate Judge F.A. Gossett. (SLP)
January 29, 2016
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ORDER granting 39 Motion to Extend Time to File Pretrial Motions as to Dionte Dortch. Pretrial Motion Deadline set for 3/7/2016. The time between January 28, 2016 and March 7, 2016, 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)
January 29, 2016
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ORDER APPOINTING COUNSEL as to defendant Julio Arias - CJA Counsel James K. McGough is appointed to represent the defendant in this matter. Ordered by Magistrate Judge Thomas D. Thalken. (MBM)
February 1, 2016
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ORDER APPOINTING COUNSEL - CJA Counsel is appointed to represent the defendant in this matter as to defendant Gregory Bahati. Ordered by Magistrate Judge F.A. Gossett. (SLP)
February 3, 2016
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ORDER APPOINTING COUNSEL - CJA Counsel is appointed to represent the defendant in this matter as to defendant Brandon Heard. Ordered by Magistrate Judge F.A. Gossett. (SLP)
February 4, 2016
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ORDER of Detention pending trial as to defendant Julio Arias. Ordered by Magistrate Judge F.A. Gossett. (SLP)
February 4, 2016
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ORDER of Detention pending trial as to defendant Brandon Heard. Ordered by Magistrate Judge F.A. Gossett. (SLP)
February 5, 2016
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ORDER APPOINTING COUNSEL - CJA Counsel is appointed to represent the defendant in this matter as to defendant Jerell Haynie. Ordered by Magistrate Judge F.A. Gossett. (SLP)
February 5, 2016
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ORDER of ABEYANCE as to defendant Jerell Haynie. The government's motion for detention of Jerell Haynie pursuant to the Bail Reform Act is held in abeyance pending the defendant's coming into federal custody. The U.S. Marshal for the District of Nebraska is directed to place a detainer with the correctional officer having custody of the defendant. Ordered by Magistrate Judge F.A. Gossett. (SLP)
February 10, 2016
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ORDER APPOINTING COUNSEL - CJA Counsel Kristina B. Murphree is appointed to represent the defendant in this matter as to defendant Kendell Tealer. Ordered by Magistrate Judge F.A. Gossett. (SLP)
February 10, 2016
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AMENDED ORDER APPOINTING COUNSEL - Jack D. Fisher and Kristina B. Murphree are appointed as CJA Counsel for the Initial Appearance only to represent the defendant in this matter as to defendant Kendell Tealer. Ordered by Magistrate Judge F.A. Gossett. (SLP)
February 25, 2016
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ORDER APPOINTING COUNSEL - CJA Counsel Jack D. Fisher is appointed to represent the defendant in this matter as to defendant Kendell Tealer. Ordered by Magistrate Judge F.A. Gossett. (SLP)
February 25, 2016
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ORDER APPOINTING COUNSEL - CJA Counsel Mary C. Gryva is appointed to represent the defendant in this matter as to defendant Kendell Tealer. Ordered by Magistrate Judge F.A. Gossett. (SLP)
April 7, 2016
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ORDER - It is hereby ORDERED that Russell M. Aoki is appointed as Coordinating Discovery Attorney for defense counsel. Ordered by Magistrate Judge F.A. Gossett. (GJG)ORDER - It is hereby ORDERED that Russell M. Aoki is appointed as Coordinating Discovery Attorney for defense counsel. Ordered by Magistrate Judge F.A. Gossett. (GJG)ORDER - It is hereby ORDERED that Russell M. Aoki is appointed as Coordinating Discovery Attorney for defense counsel. Ordered by Magistrate Judge F.A. Gossett. (GJG)ORDER - It is hereby ORDERED that Russell M. Aoki is appointed as Coordinating Discovery Attorney for defense counsel. Ordered by Magistrate Judge F.A. Gossett. (GJG)ORDER - It is hereby ORDERED that Russell M. Aoki is appointed as Coordinating Discovery Attorney for defense counsel. Ordered by Magistrate Judge F.A. Gossett. (GJG)ORDER - It is hereby ORDERED that Russell M. Aoki is appointed as Coordinating Discovery Attorney for defense counsel. Ordered by Magistrate Judge F.A. Gossett. (GJG)
April 8, 2016
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ORDER granting 154 Motion to Extend Date for Filing of Pretrial Motions as to Dionte Dortch. Pretrial Motion Deadline set for 8/25/2016. The time between today's date and August 25, 2016, 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 12, 2016
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ORDER granting 157 Motion to Extend Time for Filing Pretrial Motions as to Jerell Haynie. Pretrial Motion Deadline set for 8/25/2016. The time between today's date, and August 25, 2016, 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 15, 2016
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ORDER- Motion for Discovery (Filing No. 174) is denied as to defendant Gregory Bahati (3). Ordered by Magistrate Judge F.A. Gossett. (GJG)
August 22, 2016
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ORDER granting 200 Motion to Extend Time for Filing Pretrial Motions as to Jerell Haynie. Pretrial Motion Deadline set for 10/3/2016. The time between today's date and October 3, 2016, 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)
August 26, 2016
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ORDER granting 209 Motion to Extend Time for Filing Pretrial Motions as to Kendell Tealer. Pretrial Motion Deadline set for 10/3/2016. The time between August 25, 2016 and October 3, 2016, 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)
September 1, 2016
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PROTECTIVE ORDER granting Motion, filing 246, as to defendants Dionte Dortch (1), Jerell Haynie (2), Gregory Bahati (3), Kendell Tealer (4), Brandon Heard (5), Julio Arias (6). Ordered by Magistrate Judge F.A. Gossett. (GJG)PROTECTIVE ORDER granting Motion, filing 246, as to defendants Dionte Dortch (1), Jerell Haynie (2), Gregory Bahati (3), Kendell Tealer (4), Brandon Heard (5), Julio Arias (6). Ordered by Magistrate Judge F.A. Gossett. (GJG)PROTECTIVE ORDER granting Motion, filing 246, as to defendants Dionte Dortch (1), Jerell Haynie (2), Gregory Bahati (3), Kendell Tealer (4), Brandon Heard (5), Julio Arias (6). Ordered by Magistrate Judge F.A. Gossett. (GJG)PROTECTIVE ORDER granting Motion, filing 246, as to defendants Dionte Dortch (1), Jerell Haynie (2), Gregory Bahati (3), Kendell Tealer (4), Brandon Heard (5), Julio Arias (6). Ordered by Magistrate Judge F.A. Gossett. (GJG)PROTECTIVE ORDER granting Motion, filing 246, as to defendants Dionte Dortch (1), Jerell Haynie (2), Gregory Bahati (3), Kendell Tealer (4), Brandon Heard (5), Julio Arias (6). Ordered by Magistrate Judge F.A. Gossett. (GJG)PROTECTIVE ORDER granting Motion, filing 246, as to defendants Dionte Dortch (1), Jerell Haynie (2), Gregory Bahati (3), Kendell Tealer (4), Brandon Heard (5), Julio Arias (6). Ordered by Magistrate Judge F.A. Gossett. (GJG)
October 3, 2016
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ORDER granting 261 Motion to Extend Time for Filing Pretrial Motions as to Kendell Tealer. Pretrial Motion Deadline set for 10/10/2016. The time between today's date and October 10, 2016, 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)
December 14, 2016
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ORDER as to defendant Jerell Haynie (2). That the Clerk of the District Court is ordered to issue the subpoena as identified in Defendant's Motion and supporting Affidavit and as directed by the Defendant, and that the Defendant is relieved of any obligation to pay for same. That said costs, if any, be paid by the United States. That said subpoenas be served by the U.S. Marshal's office. Ordered by Magistrate Judge F.A. Gossett. (1 Certified copy to USM along with subpoena issued )(GJG)
January 4, 2017
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FINDINGS AND RECOMMENDATION - IT IS HEREBY RECOMMENDED to Senior Judge Joseph Bataillon that the defendants motions to dismiss (Filing No. 207 ; Filing No. 217 ; Filing No. 231; and Filing No. 239 ) be denied as to defendants Dionte Dortch, Jerell Haynie, Gregory Bahati, Julio Arias. ADMONITION - Pursuant to NECrimR 59.2, any party may object to a magistrate judges order by filing an objection within fourteen (14) days after being served with a copy of the findings and recommendation. Failure to timely object may constitute a waiver of any objection. Ordered by Magistrate Judge F.A. Gossett. (GJG)FINDINGS AND RECOMMENDATION - IT IS HEREBY RECOMMENDED to Senior Judge Joseph Bataillon that the defendants motions to dismiss (Filing No. 207 ; Filing No. 217 ; Filing No. 231; and Filing No. 239 ) be denied as to defendants Dionte Dortch, Jerell Haynie, Gregory Bahati, Julio Arias. ADMONITION - Pursuant to NECrimR 59.2, any party may object to a magistrate judges order by filing an objection within fourteen (14) days after being served with a copy of the findings and recommendation. Failure to timely object may constitute a waiver of any objection. Ordered by Magistrate Judge F.A. Gossett. (GJG)FINDINGS AND RECOMMENDATION - IT IS HEREBY RECOMMENDED to Senior Judge Joseph Bataillon that the defendants motions to dismiss (Filing No. 207 ; Filing No. 217 ; Filing No. 231; and Filing No. 239 ) be denied as to defendants Dionte Dortch, Jerell Haynie, Gregory Bahati, Julio Arias. ADMONITION - Pursuant to NECrimR 59.2, any party may object to a magistrate judges order by filing an objection within fourteen (14) days after being served with a copy of the findings and recommendation. Failure to timely object may constitute a waiver of any objection. Ordered by Magistrate Judge F.A. Gossett. (GJG)FINDINGS AND RECOMMENDATION - IT IS HEREBY RECOMMENDED to Senior Judge Joseph Bataillon that the defendants motions to dismiss (Filing No. 207 ; Filing No. 217 ; Filing No. 231; and Filing No. 239 ) be denied as to defendants Dionte Dortch, Jerell Haynie, Gregory Bahati, Julio Arias. ADMONITION - Pursuant to NECrimR 59.2, any party may object to a magistrate judges order by filing an objection within fourteen (14) days after being served with a copy of the findings and recommendation. Failure to timely object may constitute a waiver of any objection. Ordered by Magistrate Judge F.A. Gossett. (GJG)
January 4, 2017
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ORDER - The defendants' motions to sever (Filing No. 205; Filing No. 212 ; Filing No. 220; Filing No. 229 and Filing No. 240) are denied as to defendants Dionte Dortch (1), Jerell Haynie (2), Gregory Bahati (3), Brandon Heard (5), and Julio Arias (6). Ordered by Magistrate Judge F.A. Gossett. (GJG)ORDER - The defendants' motions to sever (Filing No. 205; Filing No. 212 ; Filing No. 220; Filing No. 229 and Filing No. 240) are denied as to defendants Dionte Dortch (1), Jerell Haynie (2), Gregory Bahati (3), Brandon Heard (5), and Julio Arias (6). Ordered by Magistrate Judge F.A. Gossett. (GJG)ORDER - The defendants' motions to sever (Filing No. 205; Filing No. 212 ; Filing No. 220; Filing No. 229 and Filing No. 240) are denied as to defendants Dionte Dortch (1), Jerell Haynie (2), Gregory Bahati (3), Brandon Heard (5), and Julio Arias (6). Ordered by Magistrate Judge F.A. Gossett. (GJG)ORDER - The defendants' motions to sever (Filing No. 205; Filing No. 212 ; Filing No. 220; Filing No. 229 and Filing No. 240) are denied as to defendants Dionte Dortch (1), Jerell Haynie (2), Gregory Bahati (3), Brandon Heard (5), and Julio Arias (6). Ordered by Magistrate Judge F.A. Gossett. (GJG)ORDER - The defendants' motions to sever (Filing No. 205; Filing No. 212 ; Filing No. 220; Filing No. 229 and Filing No. 240) are denied as to defendants Dionte Dortch (1), Jerell Haynie (2), Gregory Bahati (3), Brandon Heard (5), and Julio Arias (6). Ordered by Magistrate Judge F.A. Gossett. (GJG)
January 4, 2017
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ORDER - Defendants' motions for a bill of particulars (Filing No. 203, Filing No. 213, Filing No. 234) are denied as to defendants Dionte Dortch (1), Gregory Bahati (3), and Julio Arias (6). Ordered by Magistrate Judge F.A. Gossett. (GJG)ORDER - Defendants' motions for a bill of particulars (Filing No. 203, Filing No. 213, Filing No. 234) are denied as to defendants Dionte Dortch (1), Gregory Bahati (3), and Julio Arias (6). Ordered by Magistrate Judge F.A. Gossett. (GJG)ORDER - Defendants' motions for a bill of particulars (Filing No. 203, Filing No. 213, Filing No. 234) are denied as to defendants Dionte Dortch (1), Gregory Bahati (3), and Julio Arias (6). Ordered by Magistrate Judge F.A. Gossett. (GJG)
January 4, 2017
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ORDER - The Motions for Disclosure of Confidential Witnesses (Filing No. 211, and Filing No. 241 ) filed by Defendants Gregory Bahati and Jerell Haynie are granted and the government is ordered to reveal the identity of the witness to the defendants fourteen (14) calendar days prior to trial. Ordered by Magistrate Judge F.A. Gossett. (GJG)ORDER - The Motions for Disclosure of Confidential Witnesses (Filing No. 211, and Filing No. 241 ) filed by Defendants Gregory Bahati and Jerell Haynie are granted and the government is ordered to reveal the identity of the witness to the defendants fourteen (14) calendar days prior to trial. Ordered by Magistrate Judge F.A. Gossett. (GJG)
January 4, 2017
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ORDER - The Motions for a Rule 104 Hearing Regarding Statements of Alleged Co-Conspirators (Filing No. 214, Filing No. 221, Filing No. 236, and Filing No. 243) are denied without prejudice as to defendants Jerell Haynie (2), Gregory Bahati (3), Brandon Heard (5), and Julio Arias (6). Ordered by Magistrate Judge F.A. Gossett. (GJG)ORDER - The Motions for a Rule 104 Hearing Regarding Statements of Alleged Co-Conspirators (Filing No. 214, Filing No. 221, Filing No. 236, and Filing No. 243) are denied without prejudice as to defendants Jerell Haynie (2), Gregory Bahati (3), Brandon Heard (5), and Julio Arias (6). Ordered by Magistrate Judge F.A. Gossett. (GJG)ORDER - The Motions for a Rule 104 Hearing Regarding Statements of Alleged Co-Conspirators (Filing No. 214, Filing No. 221, Filing No. 236, and Filing No. 243) are denied without prejudice as to defendants Jerell Haynie (2), Gregory Bahati (3), Brandon Heard (5), and Julio Arias (6). Ordered by Magistrate Judge F.A. Gossett. (GJG)ORDER - The Motions for a Rule 104 Hearing Regarding Statements of Alleged Co-Conspirators (Filing No. 214, Filing No. 221, Filing No. 236, and Filing No. 243) are denied without prejudice as to defendants Jerell Haynie (2), Gregory Bahati (3), Brandon Heard (5), and Julio Arias (6). Ordered by Magistrate Judge F.A. Gossett. (GJG)ORDER - The Motions for a Rule 104 Hearing Regarding Statements of Alleged Co-Conspirators (Filing No. 214, Filing No. 221, Filing No. 236, and Filing No. 243) are denied without prejudice as to defendants Jerell Haynie (2), Gregory Bahati (3), Brandon Heard (5), and Julio Arias (6). Ordered by Magistrate Judge F.A. Gossett. (GJG)
January 6, 2017
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FINDINGS AND RECOMMENDATION to Senior Judge Joseph Bataillon that defendant Jerell Haynie's Motion to Suppress Evidence Obtained from Email/Mail Searches (Filing No. 242) and defendant Gregory Bahati's Motion to Suppress Evidence from Search of Mail (Filing No. 216) and Motion to Suppress Evidence from Search of Recorded Jail Calls and Request for Evidentiary Hearing (Filing No. 262) be denied. Pursuant to NECrimR 59.2, any party may object to a magistrate judge's order by filing an objection within fourteen (14) days after being served with a copy of the findings and recommendation. Failure to timely object may constitute a waiver of any objection. Ordered by Magistrate Judge F.A. Gossett. (JAB)FINDINGS AND RECOMMENDATION to Senior Judge Joseph Bataillon that defendant Jerell Haynie's Motion to Suppress Evidence Obtained from Email/Mail Searches (Filing No. 242) and defendant Gregory Bahati's Motion to Suppress Evidence from Search of Mail (Filing No. 216) and Motion to Suppress Evidence from Search of Recorded Jail Calls and Request for Evidentiary Hearing (Filing No. 262) be denied. Pursuant to NECrimR 59.2, any party may object to a magistrate judge's order by filing an objection within fourteen (14) days after being served with a copy of the findings and recommendation. Failure to timely object may constitute a waiver of any objection. Ordered by Magistrate Judge F.A. Gossett. (JAB)
January 9, 2017
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FINDINGS AND RECOMMENDATION - IT IS HEREBY RECOMMENDED to Senior Judge Joseph Bataillon that defendant Haynie's Motion to Dismiss Indictment (Double Jeopardy) (Filing No. 182) and the Motion to Suppress and Request for Evidentiary Hearing and Oral Argument (Filing No. 257) be denied as to defendant Jerell Haynie. ADMONITION - Pursuant to NECrimR 59.2, any party may object to a magistrate judge's order by filing an objection within fourteen (14) days after being served with a copy of the findings and recommendation. Failure to timely object may constitute a waiver of any objection. Ordered by Magistrate Judge F.A. Gossett. (GJG)
February 23, 2017
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JUDGMENT as to Kendell Tealer (4), Count 1 - Defendant pleaded guilty to count I of the Superseding Indictment and is sentenced to time served; 3 years supervised release; $100.00 special assessment as to defendant Kendell Tealer. Ordered by Senior Judge Joseph F. Bataillon. (1 Certified copy to USM) (ADB)
February 28, 2017
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ORDER granting 410 Motion to Extend as to Dionte Dortch (1), Jerell Haynie (2), Gregory Bahati (3). The government shall file its brief on or before March 13, 2017 regarding Filing Numbers 375, 376, 377, 385, 390-395. The time between February 21, 2017 and March 13, 2017 shall be excluded for the purposes of the speedy trial act. Ordered by Senior Judge Joseph F. Bataillon. (ADB)ORDER granting 410 Motion to Extend as to Dionte Dortch (1), Jerell Haynie (2), Gregory Bahati (3). The government shall file its brief on or before March 13, 2017 regarding Filing Numbers 375, 376, 377, 385, 390-395. The time between February 21, 2017 and March 13, 2017 shall be excluded for the purposes of the speedy trial act. Ordered by Senior Judge Joseph F. Bataillon. (ADB)ORDER granting 410 Motion to Extend as to Dionte Dortch (1), Jerell Haynie (2), Gregory Bahati (3). The government shall file its brief on or before March 13, 2017 regarding Filing Numbers 375, 376, 377, 385, 390-395. The time between February 21, 2017 and March 13, 2017 shall be excluded for the purposes of the speedy trial act. Ordered by Senior Judge Joseph F. Bataillon. (ADB)
March 17, 2017
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MEMORANDUM AND ORDER - THEREFORE, IT IS ORDERED THAT: The defendant's motion to dismiss Filing No. 207, is denied. It is further ordered that defendants objections, Filing No. 390, are overruled. The findings and recommendation of the magistrate judge, Filing No. 360, is adopted in its entirety as to defendant Dionte Dortch. Defendant's motion to sever or strike, Filing No. 205, is denied. Defendant's objections, Filing No. 392, are overruled. The court adopts and affirms the magistrate judge's order, Filing No. 361. The defendant's motion for a bill of particulars, Filing No. 203, is denied. Defendant's objections, Filing No. 394, are denied. The court adopts and affirms the magistrate judge's order, Filing No. 362 as to Dionte Dortch. Ordered by Senior Judge Joseph F. Bataillon. ( TCL)
March 27, 2017
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ORDER that the F&R, Filing No. 360, is adopted in its entirety; and The defendant's motion to dismiss, Filing No. 239, is denied as to Jerell Haynie (2). Ordered by Senior Judge Joseph F. Bataillon. (ADB)
March 27, 2017
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ORDER that the F&R, Filing No. 365, is adopted in its entirety; and The defendant's motion to suppress evidence obtain from Email/Mail, Filing No. 242, is denied as to Jerell Haynie (2). Ordered by Senior Judge Joseph F. Bataillon. (ADB)
April 6, 2017
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ORDER permitting the defendant to proceed on appeal in forma pauperis as to defendant Jerell Haynie. Ordered by Senior Judge Joseph F. Bataillon. (KLF)
May 18, 2017
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JUDGMENT as to Julio Arias (6), Count 1 : Defendant pleaded guilty to count I of the Superseding Indictment and is committed to the custody of the United States Bureau of Prisons to be imprisoned for a term of thirty-three (33) months; three (3) years supervised release; $100.00 special assessment. Counts 13-15: Counts XIII, XIV, and XV of the Superseding Indictment are dismissed on the motion of the United States as to defendant Julio Arias. Ordered by Senior Judge Joseph F. Bataillon. (4 Certified copies to USM) (ADB)
July 7, 2017
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ORDER APPOINTING SUBSTITUTE COUNSEL as to defendant Jerell Haynie. Motion to Withdraw 499 is granted. Mr. Stoler has the Court's permission to withdraw and substitute counsel will be appointed for trial purposes only. Mr. Stoler remains as Jerell Haynie's appellate counsel. Donald L. Schense, 1304 Galvin Road South, Bellevue, NE 68005, (402) 291-8778, is appointed to represent Jerell Haynie for the balance of the trial proceedings pursuant to the Criminal Justice Act. Mr. Schense shall file his appearance in this matter forthwith. A Pretrial Conference remains scheduled for July 21, 2017 at 9:00 a.m. before Senior United States District Court Judge Joseph F. Bataillon. Trial of this matter remains scheduled for August 14, 2017, at 8:30 a.m. before Judge Bataillon and a jury, unless otherwise continued by the Court. Ordered by Magistrate Judge Susan M. Bazis. (SLP)
November 30, 2017
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ORDER that Defendant's oral motion for a preliminary witness and exhibit lists, Filing No. 545, is granted. Deadlines set forth in the order as to defendant Jerell Haynie. Ordered by Senior Judge Joseph F. Bataillon. (ADB)
January 31, 2018
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ORDER APPOINTING COUNSEL - CJA Counsel is appointed to represent the defendant in this matter as to defendant Kendell Tealer. Ordered by Magistrate Judge Michael D. Nelson. (SLP)
February 9, 2018
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ORDER regarding PETITION FOR OFFENDER UNDER SUPERVISION 570 as to defendant Kendell Tealer. A final dispositional hearing will be held before Senior Judge Bataillon in Courtroom No. 3, Third Floor, Roman L. Hruska U.S. Courthouse, 111 South 18th Plaza, Omaha, Nebraska, on March 13, 2018 at 1:30 p.m. Defendant must be present in person. Ordered by Magistrate Judge Michael D. Nelson. (SLP)
April 18, 2018
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ORDER - This matter is before the court on the defendant's request to his attorney for the United States' investigative reports. Filing No. 646. This matter is referred to Magistrate Judge Michael D. Nelson for hearing on the defendant's request as to defendant Dionte Dortch. IT IS SO ORDERED. Ordered by Senior Judge Joseph F. Bataillon. (TCL)
May 10, 2018
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ORDER APPOINTING COUNSEL - CJA Counsel is appointed to represent the defendant in this matter as to defendant Brandon Heard. Ordered by Magistrate Judge Michael D. Nelson. (SLP)
May 10, 2018
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ORDER regarding PETITION FOR OFFENDER UNDER SUPERVISION 647 as to defendant Brandon Heard. A final dispositional hearing will be held before Senior Judge Bataillon in Courtroom No. 3, Third Floor, Roman L. Hruska U.S. Courthouse, 111 South 18th Plaza, Omaha, Nebraska, on June 13, 2018, at 1:30 p.m. Defendant must be present in person. Ordered by Magistrate Judge Michael D. Nelson. (SLP)
May 30, 2018
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ORDER : The Government's motion to continue sentencing, Filing No. 681, is granted. The Defendant's objection to the motion, Filing No. 686, is overruled. Defendant shall have until June 11, 2018 to file motions for departure, or any motions, and supporting briefs. The Government shall thereafter have until June 25, 2018 to respond. Sentencing is continued to 7/2/2018 at 09:00 AM in Courtroom 3, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Senior Judge Joseph F. Bataillon as to Jerell Haynie (2). Ordered by Senior Judge Joseph F. Bataillon. (ADB)
July 31, 2018
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SENTENCING MEMORANDUM: The court finds the defendant's objections to the presentence investigation report, Filing No. 695, should be sustained in part and overruled in part, and the defendant's motions for a departure or a variance from the Guidelines, Filing No. 683 and Filing No. 687, should be denied. Although the law is clear the court is required to consider evidence that supports the government's position by a preponderance, the court is reluctant to impose a sentence on a defendant as though the jury never acquitted the defendant of those same acts and offenses. In this court's opinion, it is important to give due deference to the jury's decision while recognizing the guidelines and following the statutory scheme. In the instant case, the court sentences the defendant for the drug conspiracy and related violent conduct but does not find the evidence supports the highest possible guideline calculation for conduct, some of which the defendant was acquitted. The court also finds the sentence imposed fairly reflects the §3553(a) sentencing factors. A Judgment in accordance with the Sentencing Memorandum will issue this date as to defendant Jerell Haynie. Ordered by Senior Judge Joseph F. Bataillon. (ADB)
July 31, 2018
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JUDGMENT as to Jerell Haynie (2), Counts 1, 2, 3, 4 - The Superseding Indictment is dismissed. Counts 2s, 3s, 4s - The defendant has been found not guilty on counts II, III and IV. Count 1s - The defendant was found guilty on count I of the Second Superseding Indictment after a plea of not guilty and is committed to the custody of the United States Bureau of Prisons to be imprisoned for a term of eighty-four (84) months. The defendant is to receive no credit for his state custody prior to July 2, 2018. The defendant's sentence is to be served consecutive to his prior state custody but concurrent to any state sentence served from and after his sentencing, July 2, 2018; supervised release with special conditions for a term of three (3) years; $100.00 special assessment as to defendant Jerell Haynie. Ordered by Senior Judge Joseph F. Bataillon. (4 Certified copies to USM) (ADB)
August 6, 2018
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ORDER permitting the defendant to proceed on appeal in forma pauperis as to defendant Jerell Haynie. Ordered by Senior Judge Joseph F. Bataillon. (TCL)