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16-150 - USA v. Stewart et al


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16-150 - USA v. Stewart et al
June 13, 2016
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ORDER APPOINTING COUNSEL as to defendant Darwin J. Stewart - 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)
June 13, 2016
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ORDER of Detention pending trial as to defendant Darwin J. Stewart. Ordered by Magistrate Judge Thomas D. Thalken. (MBM)
August 15, 2016
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ORDER as to defendant Daniel L. Cheloha. The government's motion for detention 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 Thomas D. Thalken. (MBM)
October 3, 2016
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FINDINGS AND RECOMMENDATION regarding MOTION to Suppress 19 as to defendant Darwin J. Stewart. IT IS HEREBY RECOMMENDED TO SENIOR JUDGE JOSEPH F. BATAILLON that: Defendant's, Darwin J. Stewart, Motion to Suppress (Filing No. 19) be granted with respect to any statements the defendant made during the period of time between when the defendant was placed under arrest prior to proper Miranda warnings; and that the motion be denied in all other respects. 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)
October 7, 2016
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ORDER of Detention pending trial as to defendant Daniel L. Cheloha. Ordered by Magistrate Judge F.A. Gossett. (SLP)
December 1, 2016
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MEMORANDUM AND ORDER that the defendant's objection (Filing No. 58) to the F&R (Filing No. 51) is OVERRULED. The magistrate judge's F&R (Filing No. 51) is ACCEPTED and ADOPTED. Defendant Darwin J. Stewart's motion to suppress (Filing No. 19) is DENIED as to Darwin J. Stewart (1). Ordered by Judge Robert F. Rossiter, Jr. (JSF)
December 20, 2016
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ORDER as to defendant Darwin J. Stewart. The defendant's motion to continue trial 62 is granted. Trial of this matter is re-scheduled for February 27, 2017, before Judge Robert F. Rossiter, Jr., and a jury. The time between December 20, 2016, and February 27, 2017, 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)
December 21, 2016
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ORDER as to defendants Daniel L. Cheloha and Darwin J. Stewart. Defendant Cheloha's motion to continue trial 64 is granted. Trial of this matter as to both defendants is re-scheduled for February 27, 2017, before Senior Judge Joseph F. Bataillon and a jury. The time between December 21, 2016, and February 27, 2017, 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 4, 2017
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JUDGMENT as to defendant Darwin J. Stewart (1). Defendant pleaded guilty to count I of the Indictment and is committed to the custody of the United States Bureau of Prisons for a term of sixty-three (63) months (to be served concurrent to any state related charges); supervised release for a term of four (4) years; $100 special assessment. Ordered by Judge Robert F. Rossiter, Jr.. (4 Certified copies to USM)(JAB)