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16-087 - USA v. Apodaca et al


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16-087 - USA v. Apodaca et al
February 26, 2016
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ORDER APPOINTING COUNSEL as to defendant Virgil Apodaca, Jr. - 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)
February 26, 2016
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ORDER as to defendant Virgil Apodaca, Jr. Kelsey L. Pfeffer is assigned to assist FPD David R. Stickman in the representation of the defendant and must file an entry of appearance forthwith. Kelsey L. Pfeffer shall not be eligible to receive compensation for her services in this case. FPD David R. Stickman shall continue to be primary counsel on behalf of the defendant. Ordered by Magistrate Judge Thomas D. Thalken. (MBM)
February 26, 2016
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ORDER APPOINTING COUNSEL as to defendant Anthony Apodaca - CJA Counsel Joshua W. Weir is appointed to represent the defendant in this matter. Ordered by Magistrate Judge Thomas D. Thalken. (MBM)
February 29, 2016
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ORDER as to defendants Virgil Apodaca, Jr and Anthony Apodaca. During the arraignments of the above defendants on February 26, 2016, the government requested an additional thirty days in which to provide discovery. None of the defendants had any objection to the request. The request is granted and discovery shall be completed on or before April 4, 2016. 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 March 4, 2016, and April 4, 2016, shall be deemed excludable time in any computation of time under the requirement of the Speedy Trial Act for the reason counsel require 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. (GJG)ORDER as to defendants Virgil Apodaca, Jr and Anthony Apodaca. During the arraignments of the above defendants on February 26, 2016, the government requested an additional thirty days in which to provide discovery. None of the defendants had any objection to the request. The request is granted and discovery shall be completed on or before April 4, 2016. 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 March 4, 2016, and April 4, 2016, shall be deemed excludable time in any computation of time under the requirement of the Speedy Trial Act for the reason counsel require 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. (GJG)
March 4, 2016
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ORDER APPOINTING COUNSEL - CJA Counsel is appointed to represent the defendant in this matter as to defendant Virgil Apodaca, Sr. Ordered by Magistrate Judge F.A. Gossett. (SLP)
March 9, 2016
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ORDER APPOINTING COUNSEL - CJA Counsel James E. Reisinger is appointed to represent the defendant in this matter as to defendant Jack Seals. Ordered by Magistrate Judge Thomas D. Thalken. (JSF)
March 14, 2016
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ORDER of Detention pending trial as to defendant Jack Seals. Ordered by Magistrate Judge F.A. Gossett. (SLP)
April 18, 2016
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ORDER granting 48 Motion to Extend as to Virgil Apodaca Jr. Pretrial Motion Deadline set for 5/9/2016. The time between todays date and May 9, 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)
May 20, 2016
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FINDINGS AND RECOMMENDATION - IT IS HEREBY RECOMMENDED to Chief District Court Judge Laurie Smith Camp that defendant's, Virgil Apodaca, Jr., Motion for Change of Place of Trial (Filing No. 54) be granted. 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 as to defendants Virgil Apodaca, Sr, Virgil Apodaca, Jr, Anthony Apodaca, and Jack Seals. Ordered by Magistrate Judge F.A. Gossett. (GJG)FINDINGS AND RECOMMENDATION - IT IS HEREBY RECOMMENDED to Chief District Court Judge Laurie Smith Camp that defendant's, Virgil Apodaca, Jr., Motion for Change of Place of Trial (Filing No. 54) be granted. 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 as to defendants Virgil Apodaca, Sr, Virgil Apodaca, Jr, Anthony Apodaca, and Jack Seals. Ordered by Magistrate Judge F.A. Gossett. (GJG)FINDINGS AND RECOMMENDATION - IT IS HEREBY RECOMMENDED to Chief District Court Judge Laurie Smith Camp that defendant's, Virgil Apodaca, Jr., Motion for Change of Place of Trial (Filing No. 54) be granted. 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 as to defendants Virgil Apodaca, Sr, Virgil Apodaca, Jr, Anthony Apodaca, and Jack Seals. Ordered by Magistrate Judge F.A. Gossett. (GJG)FINDINGS AND RECOMMENDATION - IT IS HEREBY RECOMMENDED to Chief District Court Judge Laurie Smith Camp that defendant's, Virgil Apodaca, Jr., Motion for Change of Place of Trial (Filing No. 54) be granted. 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 as to defendants Virgil Apodaca, Sr, Virgil Apodaca, Jr, Anthony Apodaca, and Jack Seals. Ordered by Magistrate Judge F.A. Gossett. (GJG)
June 28, 2016
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ORDER as to defendants Virgil Apodaca Sr. (1), Virgil Apodaca Jr. (2), Anthony Apodaca (3), Jack Seals (4). The Magistrate Judge's Findings and Recommendation (Filing No. 67) is adopted. Defendant Virgil Apodaca, Sr.'s Motion for Change of Place of Trial (Filing No. 54) is granted. Ordered by Chief Judge Laurie Smith Camp. (GJG)ORDER as to defendants Virgil Apodaca Sr. (1), Virgil Apodaca Jr. (2), Anthony Apodaca (3), Jack Seals (4). The Magistrate Judge's Findings and Recommendation (Filing No. 67) is adopted. Defendant Virgil Apodaca, Sr.'s Motion for Change of Place of Trial (Filing No. 54) is granted. Ordered by Chief Judge Laurie Smith Camp. (GJG)ORDER as to defendants Virgil Apodaca Sr. (1), Virgil Apodaca Jr. (2), Anthony Apodaca (3), Jack Seals (4). The Magistrate Judge's Findings and Recommendation (Filing No. 67) is adopted. Defendant Virgil Apodaca, Sr.'s Motion for Change of Place of Trial (Filing No. 54) is granted. Ordered by Chief Judge Laurie Smith Camp. (GJG)ORDER as to defendants Virgil Apodaca Sr. (1), Virgil Apodaca Jr. (2), Anthony Apodaca (3), Jack Seals (4). The Magistrate Judge's Findings and Recommendation (Filing No. 67) is adopted. Defendant Virgil Apodaca, Sr.'s Motion for Change of Place of Trial (Filing No. 54) is granted. Ordered by Chief Judge Laurie Smith Camp. (GJG)
October 5, 2016
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TENTATIVE FINDINGS regarding the Presentence Investigation Report as to Defendant Virgil Apodaca, Jr. Ordered by Chief Judge Laurie Smith Camp. (JB)
October 5, 2016
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TENTATIVE FINDINGS regarding the Presentence Investigation Report as to Defendant Anthony Apodaca. Ordered by Chief Judge Laurie Smith Camp. (JB)
October 25, 2016
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TENTATIVE FINDINGS regarding the Revised Presentence Investigation Report as to Defendant Jack Seals. Ordered by Chief Judge Laurie Smith Camp. (JB)
March 1, 2017
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ORDER permitting the defendant to proceed on appeal in forma pauperis as to defendant as to defendant Virgil Apodaca, Sr.. Ordered by Chief Judge Laurie Smith Camp. (LAC)