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16-013 - USA v. Leyva-Martinez


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16-013 - USA v. Leyva-Martinez
December 11, 2015
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ORDER APPOINTING COUNSEL - CJA Counsel is appointed to represent the defendant in this matter as to defendant Hugo Leyva-Martinez. Ordered by Magistrate Judge F.A. Gossett. (SLP)[8:15-mj-00363-TDT]
December 16, 2015
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ORDER of Detention pending trial as to defendant Hugo Leyva-Martinez. Ordered by Magistrate Judge Thomas D. Thalken. (MBM)[8:15-mj-00363-TDT]
February 12, 2016
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ORDER as to defendant Hugo Leyva-Martinez. Defendant's motion for an extension of time (Filing No. 30) is granted. The defendant is given until on or before March 1, 2016, in which to file pretrial motions. The time between February 12, 2016, and March 1, 2016, 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)
March 1, 2016
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ORDER as to defendant Hugo Leyva-Martinez. Unless specifically requested by a party for good cause, the arraignment on the Superseding Indictment in this matter shall immediately precede jury selection or the change of plea hearing, whichever is applicable. Ordered by Magistrate Judge Thomas D. Thalken. (MBM)
April 29, 2016
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FINDINGS AND RECOMMENDATION that MOTION to Suppress Evidence and Statements38 be granted as to the one pound of methamphetamine seized from the Ford F-250 but denied in all other aspects. Ordered by Magistrate Judge Thomas D. Thalken. (TRL)
May 19, 2016
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ORDER that the F&R, Filing No. 52, is adopted in its entirety; and The defendant's motion to suppress, Filing No. 38, is granted as to the one pound of methamphetamine seized from the Ford F-250 but denied in all other aspects as to Hugo Leyva-Martinez (1). Ordered by Senior Judge Joseph F. Bataillon. (ADB)
June 23, 2016
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ORDER as to defendant Hugo Leyva-Martinez. The defendant's motion to continue trial (Filing No. 55) is granted. Trial of this matter is re-scheduled for August 22, 2016, before Senior Judge Joseph F. Bataillon and a jury. The time between June 23, 2016, and August 22, 2016, 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)
August 29, 2016
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ORDER as to defendant Hugo Leyva-Martinez. USA v. Hugo Leyva-Martinez, Case No. 8:16CR13, shall remain assigned to Senior Judge Joseph F. Bataillon for disposition and to Magistrate Judge Thomas D. Thalken for judicial supervision and processing of all pretrial matters. USA v. Heather Sheree Ruby, Case No. 8:16CR49, shall remain with the undersigned for disposition and to Magistrate Judge F. A. Gossett, III, for judicial supervision and processing of all pretrial matters. The Plaintiff's Notice of Related Case (Filing No. 27) is denied. Ordered by Chief Judge Laurie Smith Camp. (GJG)
September 7, 2016
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PRELIMINARY ORDER OF FORFEITURE sustaining 63 Motion for Preliminary Forfeiture as to Hugo Leyva-Martinez (1). Based upon the Forfeiture Allegation of the Superseding Indictment and the Defendant's plea of guilty, the United States is hereby authorized to seize the following properties as listed in the order. Upon adjudication of all third-party interests, this Court will enter a Final Order of Forfeiture pursuant to 21 U.S.C. ยง 853(n), in which all interests will be addressed. Ordered by Senior Judge Joseph F. Bataillon. (1 Certified copy to USM) (ADB)
November 21, 2016
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FINAL ORDER OF FORFEITURE - The Plaintiff's Motion for Final Order of Forfeiture is hereby sustained. All right, title and interest in and to the following properties held by any person or entity are hereby forever barred and foreclosed: a. $35,640.00, cash, seized from 332 South 154th Street, Omaha, Nebraska o December 7, 2015; b. a 2006 F250 truck, VIN 1FTSW21Pl6EA97896; and c. the following list of weapons seized on December 7, 2015 from storage unit no. 809 at 9815 Redick Avenue. Omaha, Nebraska: a. D Technik Czeck Republic 7.62 caliber long gun with folding stock, serial number VZ5800992; b. M 31 SA9 X 19.9mm drum fed carbine long gun, serial number Y000874; c. Tikka T3 308 caliber bolt action scoped rifle, serial number D21606; d. Kimber Pro carry 2.45 caliber semi-automatic handgun, serial number KR43265; e. Springfield XD.9mm Semi-automatic, serial number XD135922; f. Burgo 38 special.38 caliber revolver, serial number 113305; g. Rheinische Netallwagren semi-automatic.32 caliber pistol, serial number 131859; h. Taurus PT 111.9 mm handgun, serial number TYB62425; i. Taurus PT 92 AF.9mm pistol, serial number TYA54248; j. High standard model# 102.22 caliber handgun, serial number 1043487; k. AMT semi-automatic handgun.9mm, serial number A09243; and l. Olympic arms lower receiver for a.223 caliber rifle serial number 6174. The aforementioned properties described above, be, and the same hereby are, forfeited to the United States of America. The United States is directed to dispose of said properties in accordance with law as to Hugo Leyva-Martinez. Ordered by Senior Judge Joseph F. Bataillon. (1 Certified copy to USM)( TCL)
November 22, 2016
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JUDGMENT as to Hugo Leyva-Martinez (1), Counts 1s, 2s, and 3s - Defendant pleaded guilty to counts I, II and III of the Superseding Indictment and is committed to the custody of the United States Bureau of Prisons to be imprisoned for a term of one hundred thirty-five (135) months on counts I and II, one hundred twenty (120) months on count III, said terms of imprisonment to be served concurrently; supervised release for a term of five (5) years on counts I and II, three (3) years on count III, said terms of supervised release to be served concurrently; $300.00 special assessment. Counts 1, 2, 3 - The Indictment is dismissed on the motion of the United States as to this defendant only as to defendant Hugo Leyva-Martinez. Ordered by Senior Judge Joseph F. Bataillon. (4 Certified copies to USM)(ADB)
December 8, 2017
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ORDER TO DESTROY - Counsel for the plaintiff notified the court on December 7, 2017 that counsel wishes the following exhibits held by the court in this matter to be destroyed. Plaintiff's Exhibits A, A1, B-E from hearing held 3/22/16. Pursuant NECivR 79.1(f) or NECrimR 55.1(g), if counsel fails to show cause why the exhibits should not be destroyed, the clerks office is directed to destroy the above-listed exhibits 14 days from the date of this order as to defendant Hugo Leyva-Martinez. Ordered by Senior Judge Joseph F. Bataillon. (ADB)
January 3, 2018
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ORDER TO DESTROY - Counsel for the defendant notified the court on December 22, 2017 that counsel wishes the following exhibits held by the court in this matter to be destroyed: Defendant's Exhibit #101 from hearing held 3/22/2016. Pursuant NECivR 79.1(f) or NECrimR 55.1(g), if counsel fails to show cause why the exhibits should not be destroyed, the clerk's office is directed to destroy the above- listed exhibits 14 days from the date of this order as to defendant Hugo Leyva-Martinez. Ordered by Senior Judge Joseph F. Bataillon. (ADB)