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16-270 - USA v. Fernandez et al


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16-270 - USA v. Fernandez et al
October 7, 2016
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ORDER APPOINTING COUNSEL - CJA Counsel is appointed to represent the defendant in this matter as to defendant Margarita Robles-Aguirre. Ordered by Magistrate Judge Thomas D. Thalken. (SLP)
October 7, 2016
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ORDER of Detention pending trial as to defendant Marco Jimenez Fernandez. Ordered by Magistrate Judge Thomas D. Thalken. (SLP)
October 7, 2016
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ORDER of Detention pending trial as to defendant Margarita Robles-Aguirre. Ordered by Magistrate Judge Thomas D. Thalken. (SLP)
October 19, 2016
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ORDER granting 22 Motion for Extension of Time to File Pretrial Motions as to Marco Jimenez Fernandez, Margarita Robles-Aguirre. Upon consideration, the motion will be granted and the pretrial motion deadline will be extended as to both defendants. Pretrial Motion Deadline set for 11/28/2016. The time between October 19, 2016, and November 28, 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 Thomas D. Thalken. (SLP)ORDER granting 22 Motion for Extension of Time to File Pretrial Motions as to Marco Jimenez Fernandez, Margarita Robles-Aguirre. Upon consideration, the motion will be granted and the pretrial motion deadline will be extended as to both defendants. Pretrial Motion Deadline set for 11/28/2016. The time between October 19, 2016, and November 28, 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 Thomas D. Thalken. (SLP)
December 21, 2016
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FINDINGS AND RECOMMENDATION AND ORDER - IT IS RECOMMENDED to the Honorable Robert F. Rossiter, Jr., United States District Judge, that Jimenez Fernandezs Motion to Suppress (Filing No. 24) and Robles-Aguirre's Motion to Suppress (Filing No. 26) be denied as set forth in the oral Findings and Recommendation as will be reflected in the transcript. 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 those Findings and Recommendations shall be filed with the Clerk of the Court within fourteen (14) days after the transcript has been filed. 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 defendant Marco Jimenez Fernandez and Margarita Robles-Aguirre. Ordered by Magistrate Judge Thomas D. Thalken. (LAC)FINDINGS AND RECOMMENDATION AND ORDER - IT IS RECOMMENDED to the Honorable Robert F. Rossiter, Jr., United States District Judge, that Jimenez Fernandezs Motion to Suppress (Filing No. 24) and Robles-Aguirre's Motion to Suppress (Filing No. 26) be denied as set forth in the oral Findings and Recommendation as will be reflected in the transcript. 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 those Findings and Recommendations shall be filed with the Clerk of the Court within fourteen (14) days after the transcript has been filed. 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 defendant Marco Jimenez Fernandez and Margarita Robles-Aguirre. Ordered by Magistrate Judge Thomas D. Thalken. (LAC)
February 10, 2017
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MEMORANDUM AND ORDER that defendant Marco Jimenez Fernandez's objection (Filing No. 39) to the magistrate judge's Findings and Recommendation is OVERRULED. The magistrate judge's oral and written Findings and Recommendation (Filing Nos. 35, 38) are ACCEPTED. Jimenez Fernandez's Motion to Suppress (Filing No. 24) is DENIED. Defendant Margarita Robles-Aguirre's Motion to Suppress (Filing No. 26) is DENIED as to defendants Marco Jimenez Fernandez (1) and Margarita Robles-Aguirre (2). Ordered by Judge Robert F. Rossiter, Jr. (JSF)MEMORANDUM AND ORDER that defendant Marco Jimenez Fernandez's objection (Filing No. 39) to the magistrate judge's Findings and Recommendation is OVERRULED. The magistrate judge's oral and written Findings and Recommendation (Filing Nos. 35, 38) are ACCEPTED. Jimenez Fernandez's Motion to Suppress (Filing No. 24) is DENIED. Defendant Margarita Robles-Aguirre's Motion to Suppress (Filing No. 26) is DENIED as to defendants Marco Jimenez Fernandez (1) and Margarita Robles-Aguirre (2). Ordered by Judge Robert F. Rossiter, Jr. (JSF)
March 1, 2017
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ORDER granting 44 Motion to Continue Trial as to Marco Jimenez Fernandez. Jury Trial, for both defendants, is continued to 4/17/2017 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 todays date and the anticipated trial is excluded for purposes of computing the limits under the Speedy Trial Act. Ordered by Magistrate Judge Susan M. Bazis. ( MLF, )ORDER granting 44 Motion to Continue Trial as to Marco Jimenez Fernandez. Jury Trial, for both defendants, is continued to 4/17/2017 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 todays date and the anticipated trial is excluded for purposes of computing the limits under the Speedy Trial Act. Ordered by Magistrate Judge Susan M. Bazis. ( MLF, )
February 14, 2018
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ORDER that after initial review, the Court finds summary dismissal is not required in this case. The United States Attorney must file an answer or other response to Fernandez's Motion to Vacate (2255) 75 on or before March 14, 2018 as to Marco Jimenez Fernandez (1). Ordered by Judge Robert F. Rossiter, Jr. (Copy mailed to pro se party) (JSF)
June 27, 2018
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MEMORANDUM AND ORDER that Marco Jimenez Fernandez's Motion under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence (Filing No. 75) is denied. No certificate of appealability will issue. A separate judgment in accordance with this Memorandum and Order will be entered this date. The Clerk of the Court is directed to mail a copy of this Memorandum and Order and the Judgment to Marco Jimenez Fernandez at the address of record for his current place of incarceration as to Marco Jimenez Fernandez (1). Ordered by Judge Robert F. Rossiter, Jr. (Copies mailed as directed) (JSF) Civil Case 8:18-cv-00049-RFR closed.
June 27, 2018
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JUDGMENT - In accordance with the Memorandum and Order entered today (Filing No. 87), judgment is entered in favor of the United States of America and against Marco Jimenez Fernandez as to defendant Marco Jimenez Fernandez. Ordered by Judge Robert F. Rossiter, Jr. (Copies mailed as directed) (JSF)