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16-119 - USA v. Garcia-Bailon


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16-119 - USA v. Garcia-Bailon
April 8, 2016
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ORDER APPOINTING COUNSEL as to defendant Arnaldo Garcia-Bailon - 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)
April 8, 2016
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ORDER of Detention pending trial as to defendant Arnaldo Garcia-Bailon. Ordered by Magistrate Judge Thomas D. Thalken. (MBM)
April 8, 2016
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ORDER of Detention pending trial as to defendant Juan Zatarain-Ontivero. Ordered by Magistrate Judge Thomas D. Thalken. (MBM)
April 29, 2016
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ORDER as to defendants Arnaldo Garcia-Bailon and Juan Zatarain-Ontivero. The defendants' motions for an extension of time (Filing Nos. 22 and 23) are granted. The defendants are given until on or before May 16, 2016, in which to file pretrial motions. The time between April 29, 2016, and May 16, 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)ORDER as to defendants Arnaldo Garcia-Bailon and Juan Zatarain-Ontivero. The defendants' motions for an extension of time (Filing Nos. 22 and 23) are granted. The defendants are given until on or before May 16, 2016, in which to file pretrial motions. The time between April 29, 2016, and May 16, 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)
June 10, 2016
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ORDER as to defendants Juan Zatarain-Ontivero and Arnaldo Garcia-Bailon. Defendant Zatarain-Ontivero's motion to continue trial (Filing No. 26) is granted. Trial of this matter as to both defendants is re-scheduled for August 22, 2016, before Senior Judge Joseph F. Bataillon and a jury. The time between June 10, 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)ORDER as to defendants Juan Zatarain-Ontivero and Arnaldo Garcia-Bailon. Defendant Zatarain-Ontivero's motion to continue trial (Filing No. 26) is granted. Trial of this matter as to both defendants is re-scheduled for August 22, 2016, before Senior Judge Joseph F. Bataillon and a jury. The time between June 10, 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 15, 2016
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ORDER as to defendant Juan Zatarain-Ontivero. Defendant Zatarain-Ontivero's motion to continue trial (Filing No. 28) is granted. Trial of this matter as to both defendants is re-scheduled for September 19, 2016, before Senior Judge Joseph F. Bataillon and a jury. The time between August 15, 2016, and September 19, 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)ORDER as to defendant Juan Zatarain-Ontivero. Defendant Zatarain-Ontivero's motion to continue trial (Filing No. 28) is granted. Trial of this matter as to both defendants is re-scheduled for September 19, 2016, before Senior Judge Joseph F. Bataillon and a jury. The time between August 15, 2016, and September 19, 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)
November 16, 2016
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PRELIMINARY ORDER OF FOREFEITURE sustaining 39 Motion for Preliminary Forfeiture as to Juan Zatarain-Ontivero (1), Arnaldo Garcia-Bailon (2) and sustaining 41 Stipulation as Arnaldo Garcia-Bailon (2). The Defendants' interest in the $4,500.00.00 in United States currency is hereby forfeited to the United States for disposition in accordance with the law, subject to the provisions of 21 U.S.C. § 853(n)(1). 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 Senior Judge Joseph F. Bataillon. (1 Certified copy to USM) (ADB)PRELIMINARY ORDER OF FOREFEITURE sustaining 39 Motion for Preliminary Forfeiture as to Juan Zatarain-Ontivero (1), Arnaldo Garcia-Bailon (2) and sustaining 41 Stipulation as Arnaldo Garcia-Bailon (2). The Defendants' interest in the $4,500.00.00 in United States currency is hereby forfeited to the United States for disposition in accordance with the law, subject to the provisions of 21 U.S.C. § 853(n)(1). 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 Senior Judge Joseph F. Bataillon. (1 Certified copy to USM) (ADB)
December 21, 2016
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JUDGMENT as to Arnaldo Garcia-Bailon (2), Count 2 - Defendant pleaded guilty to count II of the Indictment and is committed to the custody of the United States Bureau of Prisons to be imprisoned for a term of eighty-seven (87) months; 5 years supervised release; $100.00 special assessment. Count 1- Count I is dismissed on the motion of the United States as to defendant Arnaldo Garcia-Bailon. Ordered by Senior Judge Joseph F. Bataillon. (4 Certified copies to USM) (ADB)
January 30, 2017
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FINAL ORDER OF FORFEITURE sustaining 57 Motion for Final Forfeiture as to Juan Zatarain-Ontivero (1), Arnaldo Garcia-Bailon (2). All right, title and interest in and to the $4,500.00 in United States currency held by any person or entity are hereby forever barred and foreclosed. The $4,500.00 in United States currency be, and the same hereby is, forfeited to the United States of America. The United States is directed to dispose of said property in accordance with law. Ordered by Senior Judge Joseph F. Bataillon. (1 Certified copy to USM) (ADB)FINAL ORDER OF FORFEITURE sustaining 57 Motion for Final Forfeiture as to Juan Zatarain-Ontivero (1), Arnaldo Garcia-Bailon (2). All right, title and interest in and to the $4,500.00 in United States currency held by any person or entity are hereby forever barred and foreclosed. The $4,500.00 in United States currency be, and the same hereby is, forfeited to the United States of America. The United States is directed to dispose of said property in accordance with law. Ordered by Senior Judge Joseph F. Bataillon. (1 Certified copy to USM) (ADB)
February 9, 2017
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JUDGMENT as to Juan Zatarain-Ontivero (1), Count 1 - Defendant pleaded guilty to count I of the Indictment and is committed to the custody of the United States Bureau of Prisons to be imprisoned for a term of sixty-three (63) months; 5 years supervised release; $100.00 special assessment. Count 2 - Count II is dismissed on the motion of the United States as to defendant Juan Zatarain-Ontivero. Ordered by Senior Judge Joseph F. Bataillon. (4 Certified copies to USM) (ADB)