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16-241 - USA v. Johnson et al


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16-241 - USA v. Johnson et al
August 12, 2016
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ORDER APPOINTING COUNSEL as to defendant Sarkis Labachyan - 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)[8:16-mj-00260-TDT]
September 7, 2016
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ORDER granting 28 Unopposed Motion to Enlarge Time for Consideration of Pretrial Motions as to Sarkis Labachyan. Pretrial Motion Deadline set for 10/7/2016. The time between September 7, 2016 and October 7, 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)
September 8, 2016
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ORDER granting 31 Motion for Enlargement of Time to File Pre-Trial Motions as to Sherman Johnson, Jr. Pretrial Motion Deadline set for 10/7/2016. The time between September 7, 2016 and October 7, 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)
September 30, 2016
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ORDER granting, in part, 34 Motion to Enlarge Time for Pretrial Motions as to Sarkis Labachyan. Upon review of the file, the court finds that a 45-day extension should be granted. Pretrial Motion Deadline set for 11/21/2016. The time between today's date and November 21, 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)(iv). Ordered by Magistrate Judge F.A. Gossett. (SLP)
October 5, 2016
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ORDER granting 38 Motion for Enlargement of Time to File Pretrial Motions as to Sherman Johnson, Jr. Pretrial Motion Deadline set for 11/21/2016. The time between today's date and November 21, 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)
December 7, 2016
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ORDER granting 46 Motion to Continue Hearing on Motions to Suppress as to Sarkis Labachyan and Sherman Johnson, Jr. The Hearing shall be continued as to both defendants. Joint Motion Hearing continued to 1/5/2017 at 9:30 AM in Courtroom 6, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Magistrate Judge F.A. Gossett. The time between today's date and the anticipated hearing/trial is excluded for purposes of computing the limits under the Speedy Trial Act. See 18 U.S.C. 3161(h)(1). Ordered by Magistrate Judge F.A. Gossett. (SLP)ORDER granting 46 Motion to Continue Hearing on Motions to Suppress as to Sarkis Labachyan and Sherman Johnson, Jr. The Hearing shall be continued as to both defendants. Joint Motion Hearing continued to 1/5/2017 at 9:30 AM in Courtroom 6, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Magistrate Judge F.A. Gossett. The time between today's date and the anticipated hearing/trial is excluded for purposes of computing the limits under the Speedy Trial Act. See 18 U.S.C. 3161(h)(1). Ordered by Magistrate Judge F.A. Gossett. (SLP)
January 6, 2017
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FINDINGS AND RECOMMENDATION - IT IS RECOMMENDED to the Honorable Robert F. Rossiter, Jr., United States District Judge, that Johnson's Motion to Suppress (#42) and Labachyan's Motion to Suppress (#40), both be denied in all respects. FURTHER, IT IS ORDERED: 1. The clerk shall cause a transcript of the hearing to be prepared and filed. 2. Pursuant to NECrimR 59.2, any objection to the magistrate's Findings and Recommendation shall be filed with the Clerk of the Court within fourteen (14) days after the unredacted transcript is available to counsel. Failure to timely object may constitute a waiver of any such objection. The brief in support of any objection shall be filed at the time of filing such objection. Failure to file a brief in support of any objection may be deemed an abandonment of the objection as to defendants Sherman Johnson, Jr. and Sarkis Labachyan. Ordered by Magistrate Judge F.A. Gossett. (LAC)FINDINGS AND RECOMMENDATION - IT IS RECOMMENDED to the Honorable Robert F. Rossiter, Jr., United States District Judge, that Johnson's Motion to Suppress (#42) and Labachyan's Motion to Suppress (#40), both be denied in all respects. FURTHER, IT IS ORDERED: 1. The clerk shall cause a transcript of the hearing to be prepared and filed. 2. Pursuant to NECrimR 59.2, any objection to the magistrate's Findings and Recommendation shall be filed with the Clerk of the Court within fourteen (14) days after the unredacted transcript is available to counsel. Failure to timely object may constitute a waiver of any such objection. The brief in support of any objection shall be filed at the time of filing such objection. Failure to file a brief in support of any objection may be deemed an abandonment of the objection as to defendants Sherman Johnson, Jr. and Sarkis Labachyan. Ordered by Magistrate Judge F.A. Gossett. (LAC)
March 9, 2017
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MEMORANDUM AND ORDER that Defendant Sherman Johnson, Jr.'s objection (Filing No. 56) to the magistrate judge's Findings and Recommendation is overruled. Defendant Sarkis Labachyan's objection (Filing No. 60) to the magistrate judge's Findings and Recommendation is overruled. The magistrate judge's Findings and Recommendation (Filing Nos. 51 and 53) are accepted. Defendant Sherman Johnson, Jr.'s Motion to Suppress (Filing No. 42) is denied. Defendant Sarkis Labachyan's Motion to Suppress (Filing No. 40) is denied. Ordered by Judge Robert F. Rossiter, Jr. (JSF) Modified on 3/10/2017 to correct text (JSF).MEMORANDUM AND ORDER that Defendant Sherman Johnson, Jr.'s objection (Filing No. 56) to the magistrate judge's Findings and Recommendation is overruled. Defendant Sarkis Labachyan's objection (Filing No. 60) to the magistrate judge's Findings and Recommendation is overruled. The magistrate judge's Findings and Recommendation (Filing Nos. 51 and 53) are accepted. Defendant Sherman Johnson, Jr.'s Motion to Suppress (Filing No. 42) is denied. Defendant Sarkis Labachyan's Motion to Suppress (Filing No. 40) is denied. Ordered by Judge Robert F. Rossiter, Jr. (JSF) Modified on 3/10/2017 to correct text (JSF).
August 15, 2017
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ORDER granting 84 Motion to Continue Trial as to Sherman Johnson Jr. Jury Trial for both defendants is continued to 10/23/2017 at 9:00 AM in Courtroom 4, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Judge Robert F. Rossiter Jr. The time between today's date and the anticipated trial is excluded for purposes of computing the limits under the Speedy Trial Act. Ordered by Magistrate Judge Michael D. Nelson. ( MLF, )ORDER granting 84 Motion to Continue Trial as to Sherman Johnson Jr. Jury Trial for both defendants is continued to 10/23/2017 at 9:00 AM in Courtroom 4, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Judge Robert F. Rossiter Jr. The time between today's date and the anticipated trial is excluded for purposes of computing the limits under the Speedy Trial Act. Ordered by Magistrate Judge Michael D. Nelson. ( MLF, )
August 17, 2017
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ORDER granting 86 Motion to Continue Trial as to Sherman Johnson Jr. and Sarkis Labachyan. Jury Trial continued to 10/30/2017 at 9:00 AM in Courtroom 4, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Judge Robert F. Rossiter Jr. The time between 10/23/17 and the anticipated trial is excluded for purposes of computing the limits under the Speedy Trial Act. Ordered by Magistrate Judge Michael D. Nelson. ( MLF, )ORDER granting 86 Motion to Continue Trial as to Sherman Johnson Jr. and Sarkis Labachyan. Jury Trial continued to 10/30/2017 at 9:00 AM in Courtroom 4, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Judge Robert F. Rossiter Jr. The time between 10/23/17 and the anticipated trial is excluded for purposes of computing the limits under the Speedy Trial Act. Ordered by Magistrate Judge Michael D. Nelson. ( MLF, )
September 28, 2017
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ORDER granting 97 Motion to Continue Trial as to Sherman Johnson Jr. Jury Trial for both defendants continued to 1/16/2018 at 9:00 AM in Courtroom 4, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Judge Robert F. Rossiter Jr. The time between today's date and the anticipated trial is excluded for purposes of computing the limits under the Speedy Trial Act. Ordered by Magistrate Judge Michael D. Nelson. ( MLF, )ORDER granting 97 Motion to Continue Trial as to Sherman Johnson Jr. Jury Trial for both defendants continued to 1/16/2018 at 9:00 AM in Courtroom 4, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Judge Robert F. Rossiter Jr. The time between today's date and the anticipated trial is excluded for purposes of computing the limits under the Speedy Trial Act. Ordered by Magistrate Judge Michael D. Nelson. ( MLF, )
December 29, 2017
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ORDER granting 104 Motion to Continue Trial as to Sarkis Labachyan. Jury Trial, for both defendants, is continued to 3/5/2018 at 9:00 AM in Courtroom 4, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Judge Robert F. Rossiter Jr. The time between today's date and the anticipated trial is excluded for purposes of computing the limits under the Speedy Trial Act. Ordered by Magistrate Judge Michael D. Nelson. ( MLF, )ORDER granting 104 Motion to Continue Trial as to Sarkis Labachyan. Jury Trial, for both defendants, is continued to 3/5/2018 at 9:00 AM in Courtroom 4, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Judge Robert F. Rossiter Jr. The time between today's date and the anticipated trial is excluded for purposes of computing the limits under the Speedy Trial Act. Ordered by Magistrate Judge Michael D. Nelson. ( MLF, )
February 14, 2018
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ORDER granting 106 Motion to Continue Trial as to Sarkis Labachyan. Jury Trial, for both defendants, is continued to 5/7/2018 at 9:00 AM in Courtroom 4, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Judge Robert F. Rossiter Jr. The time between today's date and the anticipated trial is excluded for purposes of computing the limits under the Speedy Trial Act. Ordered by Magistrate Judge Michael D. Nelson. (MLF) Modified on 2/14/2018 to add both defendants (MLF).ORDER granting 106 Motion to Continue Trial as to Sarkis Labachyan. Jury Trial, for both defendants, is continued to 5/7/2018 at 9:00 AM in Courtroom 4, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Judge Robert F. Rossiter Jr. The time between today's date and the anticipated trial is excluded for purposes of computing the limits under the Speedy Trial Act. Ordered by Magistrate Judge Michael D. Nelson. (MLF) Modified on 2/14/2018 to add both defendants (MLF).
May 29, 2018
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ORDER that no hearing will be set for Johnson's Motion for New Trial and Request for Hearing Pursuant to Rule 33 of the Federal Rules of Criminal Procedure (Filing No. 146). Johnson will have five days to request the voir dire transcript and fourteen days after receipt of the transcript to file a supplemental brief, and the government will have seven days to respond to Johnson's supplemental brief as to Sherman Johnson Jr. (1). Ordered by Judge Robert F. Rossiter, Jr. (JSF)
June 11, 2018
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MEMORANDUM AND ORDER that Labachyan's Motion for a Judgment of Acquittal (Filing No. 142) is denied. Labachyan's Motion for a New Trial (Filing No. 144) is denied as to Sarkis Labachyan (2). Ordered by Judge Robert F. Rossiter, Jr. (JSF)
June 26, 2018
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MEMORANDUM AND ORDER that defendant Sherman Johnson, Jr.'s Motion for New Trial 146 is denied as to Sherman Johnson, Jr. (1). Ordered by Judge Robert F. Rossiter, Jr. (JSF)MEMORANDUM AND ORDER that defendant Sherman Johnson, Jr.'s Motion for New Trial 146 is denied as to Sherman Johnson, Jr. (1). Ordered by Judge Robert F. Rossiter, Jr. (JSF)
September 6, 2018
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ORDER - Sherman Johnson's motion (Filing No. 165) is granted in part and denied in part. Johnson's motion to proceed in forma pauperis on appeal and request for transcript at no cost to him are granted. Johnson's motion for appointment of counsel is denied without prejudice. Evans's request to withdraw as attorney of record is denied without prejudice. Ordered by Judge Robert F. Rossiter, Jr.. (LKO)
October 26, 2018
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ORDER granting Motion for Leave to Proceed In Forma Pauperis (Filing No. 193) as to Sarkis Labachyan (2). Ordered by Judge Robert F. Rossiter, Jr. (JSF)