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16-091 - USA v. Garcia-Garmona et al


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16-091 - USA v. Garcia-Garmona et al
February 25, 2016
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ORDER APPOINTING COUNSEL - CJA Counsel is appointed to represent the defendant in this matter as to defendant Diana Barta. Ordered by Magistrate Judge Cheryl R. Zwart. (GJG)
February 26, 2016
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ORDER of Detention pending trial as to defendant(s) Diana Barta. Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)
March 3, 2016
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ORDER APPOINTING COUNSEL - CJA Counsel is appointed to represent the defendant in this matter as to defendant Humberto Garcia-Garmona. Ordered by Magistrate Judge Cheryl R. Zwart. (GJG)
March 9, 2016
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ORDER of Detention pending trial as to defendant Humberto Garcia-Garmona. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB) Modified on 3/14/2016 to correct date of filing. (JAB)
March 25, 2016
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ORDER granting 32 Motion to Extend as to Diana Barta. As to both defendants, pretrial motions and briefs shall be filed on or before April 18, 2016. The trial date remains May 9, 2016. The time between todays date and April 18, 2016, is excluded in any computation of time under the Speedy Trial Act. Ordered by Magistrate Judge Cheryl R. Zwart. ( Zwart, Cheryl)
July 5, 2016
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MEMORANDUM AND ORDER as to defendants Humberto Garcia-Garmona and Diana Barta. Garcia-Garmona's objection (filing 65) is overruled. The Magistrate Judge's findings and recommendation (filing 62) are adopted. Garcia-Garmona's motion to suppress (filing 35) is denied. Barta's motion to suppress (filing 37) is denied. Ordered by Judge John M. Gerrard. (GJG)MEMORANDUM AND ORDER as to defendants Humberto Garcia-Garmona and Diana Barta. Garcia-Garmona's objection (filing 65) is overruled. The Magistrate Judge's findings and recommendation (filing 62) are adopted. Garcia-Garmona's motion to suppress (filing 35) is denied. Barta's motion to suppress (filing 37) is denied. Ordered by Judge John M. Gerrard. (GJG)
July 8, 2016
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ORDER that Defendant Garcia-Garmona's motion to continue, (filing no. 70), is granted. As to both defendants, the trial of this case is set to commence before the Honorable John M. Gerrard, United States District Judge, in the Special Proceedings Courtroom of the United States Courthouse, Omaha, Nebraska, at 9:00 a.m. on August 22, 2016, or as soon thereafter as the case may be called, for a duration of five (5) trial days. Jury selection will be held at commencement of trial. Based upon the showing set forth in the defendant Garcia-Garmona's motion and the representations of counsel, the Court further finds that the ends of justice will be served by continuing the trial; and that the purposes served by continuing the trial date in this case outweigh the interest of the defendant and the public in a speedy trial. Accordingly As to both defendants, the additional time arising as a result of the granting of the motion, the time between todays date and August 22, 2016, shall be deemed excludable time in any computation of time under the requirements of the Speedy Trial Act, because although counsel have been duly diligent, additional time is needed to adequately prepare this case for trial and failing to grant additional time might result in a miscarriage of justice. 18 U.S.C. § 3161(h)(1), (h)(6) & (h)(7). Failing to timely file an objection to this order as provided in the local rules of this court will be deemed a waiver of any right to later claim the time should not have been excluded under the Speedy Trial Act. Ordered by Magistrate Judge Cheryl R. Zwart. (LAC)ORDER that Defendant Garcia-Garmona's motion to continue, (filing no. 70), is granted. As to both defendants, the trial of this case is set to commence before the Honorable John M. Gerrard, United States District Judge, in the Special Proceedings Courtroom of the United States Courthouse, Omaha, Nebraska, at 9:00 a.m. on August 22, 2016, or as soon thereafter as the case may be called, for a duration of five (5) trial days. Jury selection will be held at commencement of trial. Based upon the showing set forth in the defendant Garcia-Garmona's motion and the representations of counsel, the Court further finds that the ends of justice will be served by continuing the trial; and that the purposes served by continuing the trial date in this case outweigh the interest of the defendant and the public in a speedy trial. Accordingly As to both defendants, the additional time arising as a result of the granting of the motion, the time between todays date and August 22, 2016, shall be deemed excludable time in any computation of time under the requirements of the Speedy Trial Act, because although counsel have been duly diligent, additional time is needed to adequately prepare this case for trial and failing to grant additional time might result in a miscarriage of justice. 18 U.S.C. § 3161(h)(1), (h)(6) & (h)(7). Failing to timely file an objection to this order as provided in the local rules of this court will be deemed a waiver of any right to later claim the time should not have been excluded under the Speedy Trial Act. Ordered by Magistrate Judge Cheryl R. Zwart. (LAC)
August 19, 2016
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ORDER as to defendant's Humberto Garcia-Garmona (1) and Diana Barta(2). 1) Defendant Garcia-Garmona's motion to continue, (filing no. 74), is granted.2) As to both defendants, Jury Trial is continued to 9/26/2016 at 09:00 AM Courtroom 1 (Special Proceedings), Roman L. Hruska Federal Courthouse, 111 South 18th Plz, Omaha, NE before Judge John M. Gerrard.3) As to both defendants, the time between today's date and September 26, 2016, shall be deemed excludable time in any computation of time under the requirements of the Speedy Trial Act. Failing to timely file an objection to this order as provided in the local rules of this court will be deemed a waiver of any right to later claim the time should not have been excluded under the Speedy Trial Act. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)ORDER as to defendant's Humberto Garcia-Garmona (1) and Diana Barta(2). 1) Defendant Garcia-Garmona's motion to continue, (filing no. 74), is granted.2) As to both defendants, Jury Trial is continued to 9/26/2016 at 09:00 AM Courtroom 1 (Special Proceedings), Roman L. Hruska Federal Courthouse, 111 South 18th Plz, Omaha, NE before Judge John M. Gerrard.3) As to both defendants, the time between today's date and September 26, 2016, shall be deemed excludable time in any computation of time under the requirements of the Speedy Trial Act. Failing to timely file an objection to this order as provided in the local rules of this court will be deemed a waiver of any right to later claim the time should not have been excluded under the Speedy Trial Act. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
September 22, 2016
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ORDER granting 78 Defendant's unopposed motion to continue. As to both defendants, Jury Trial set for 10/31/2016 at 09:00 AM in Courtroom 1, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Judge John M. Gerrard for 4 trial days. The time between today's date and the anticipated trial is excluded for purposes of computing the limits under the Speedy Trial Act as to both defendants. See 18 U.S.C. 3161(h)(1), (h)(6) & (h)(7). Ordered by Magistrate Judge Cheryl R. Zwart. (CCB)
November 1, 2016
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ORDER granting 93 unopposed Oral Motion to continue as to Humberto Garcia-Garmona (1). Change of Plea Hearing continued to 11/17/2016 at 02:30 PM in Courtroom 5, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Magistrate Judge Cheryl R. Zwart. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
November 17, 2016
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FINDINGS AND RECOMMENDATION ON PLEA OF GUILTY as to defendant Humberto Garcia-Garmona. It is recommended to the Honorable John M. Gerrard, United States District Judge, that after de novo review, the court accept the guilty plea and find the defendant guilty of the crime(s) to which the defendant tendered a guilty plea; and the that court accept the written plea agreement discussed with the defendant at the time of the plea hearing and filed of record, understanding that the court is not bound by the parties' agreement and stipulation, but may with the aid of the presentence report, determine the facts relevant to sentencing. (See, U.S.S.G. 6B1.4(d)). If any party desires to object to the findings and recommendation. Ordered by Magistrate Judge Cheryl R. Zwart. (SLP)
December 9, 2016
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TENTATIVE FINDINGS OF FACT regarding Presentence Investigation Report as to defendant Diana Barta. Ordered by Judge John M. Gerrard. (GJG)
December 16, 2016
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MEMORANDUM AND ORDER as to defendant Humberto Garcia-Garmona. The Magistrate Judge's Findings and Recommendation on Plea of Guilty 96 are adopted. The defendant is found guilty. The plea is accepted. The Court finds that the plea of guilty is knowing, intelligent, and voluntary, and that a factual basis exists for the plea. The Court defers acceptance of any plea agreement until the time of sentencing, pursuant to Fed. R. Crim. P. 11(c)(3). Unless otherwise stated at the time of sentencing, any plea agreement will be deemed accepted upon the pronouncement of the judgment and sentence. This case shall proceed to sentencing. Ordered by Judge John M. Gerrard. (GJG)
January 20, 2017
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JUDGMENT as to defendant Diana Barta. Defendant pleaded guilty to count III of the Indictment and is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a term of twenty-two (22) months; three (3) years of Supervised Release with Special Conditions; $100.00 Special Assessment. The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons before 1 p.m. on March 22, 2017 as notified by the United States Marshal. Ordered by Judge John M. Gerrard. (4 Certified copies to USM)(GJG)
February 6, 2017
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TENTATIVE FINDINGS regarding Presentence Investigation Report as to defendant Humberto Garcia-Garmona. Ordered by Judge John M. Gerrard. (GJG)
February 10, 2017
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ORDER granting 120 Motion for Preliminary Forfeiture as to Humberto Garcia-Garmona (1) and Diana Barta (2). Based upon the defendants' guilty pleas and admission of the forfeiture allegation of the information, the plaintiff is authorized to seize the $3,327 in United States currency. Upon adjudication of all third-party interests, this Court will enter a final order of forfeiture pursuant to 21 U.S.C. § 853(n), in which all interests will be addressed. Ordered by Judge John M. Gerrard. (JAB)ORDER granting 120 Motion for Preliminary Forfeiture as to Humberto Garcia-Garmona (1) and Diana Barta (2). Based upon the defendants' guilty pleas and admission of the forfeiture allegation of the information, the plaintiff is authorized to seize the $3,327 in United States currency. Upon adjudication of all third-party interests, this Court will enter a final order of forfeiture pursuant to 21 U.S.C. § 853(n), in which all interests will be addressed. Ordered by Judge John M. Gerrard. (JAB)
February 14, 2017
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AMENDED TENTATIVE FINDINGS OF FACT regarding Presentence Investigation Report as to defendant Humberto Garcia-Garmona. The defendant has filed a motion for variance. Ordered by Judge John M. Gerrard. (CCB)
February 28, 2017
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JUDGMENT as to defendant Humberto Garcia-Garmona. Defendant pleaded guilty to count I of the Indictment and is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a term of one hundred thirty-two (132) months; five (5) years of Supervised Release with Special Conditions; $100.00 Special Assessment. Count II is dismissed on the motion of the United States. The defendant shall forfeit the defendant's interest in the following property to the United States: $3,327.00 in U. S. currency. Ordered by Judge John M. Gerrard. (4 Certified copies to USM)(GJG)
April 18, 2017
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FINAL ORDER OF FORFEITURE - IT IS ORDERED: The plaintiff's Motion for Final Order of Forfeiture (filing 139) is granted. All right, title, and interest in and to the $3,327 in United States currency held by any person or entity are forever barred and foreclosed. The currency is forfeited to the plaintiff. The plaintiff is directed to dispose of the currency in accordance with law as to Humberto Garcia-Garmona, Diana Barta. Ordered by Judge John M. Gerrard. (1 Certified copy to USM)( TCL)FINAL ORDER OF FORFEITURE - IT IS ORDERED: The plaintiff's Motion for Final Order of Forfeiture (filing 139) is granted. All right, title, and interest in and to the $3,327 in United States currency held by any person or entity are forever barred and foreclosed. The currency is forfeited to the plaintiff. The plaintiff is directed to dispose of the currency in accordance with law as to Humberto Garcia-Garmona, Diana Barta. Ordered by Judge John M. Gerrard. (1 Certified copy to USM)( TCL)