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16-331 - USA v. Mix-Perez et al


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16-331 - USA v. Mix-Perez et al
October 19, 2016
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ORDER APPOINTING COUNSEL - The Federal Public Defender for the District of Nebraska is appointed to represent the defendant in this matter as to defendant Julian Mix-Perez. Ordered by Magistrate Judge Thomas D. Thalken. (SLP)[8:16-mj-00343-TDT]
October 19, 2016
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ORDER APPOINTING COUNSEL - CJA Counsel is appointed to represent the defendant in this matter as to defendant Carlos Vidal-Mix. Ordered by Magistrate Judge Thomas D. Thalken. (SLP)[8:16-mj-00343-TDT]
October 19, 2016
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ORDER APPOINTING COUNSEL - CJA Counsel is appointed to represent the defendant in this matter as to defendant Alisha Trevino. Ordered by Magistrate Judge Thomas D. Thalken. (SLP)[8:16-mj-00342-TDT]
October 20, 2016
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ORDER of Detention pending trial as to defendant Alisha Trevino. Ordered by Magistrate Judge Thomas D. Thalken. (SLP)[8:16-mj-00342-TDT]
October 21, 2016
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ORDER of Detention pending trial as to defendant Julian Mix-Perez. Ordered by Magistrate Judge Thomas D. Thalken. (SLP)[8:16-mj-00343-TDT]
October 21, 2016
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ORDER of Detention pending trial as to defendant Carlos Vidal-Mix. Ordered by Magistrate Judge Thomas D. Thalken. (SLP)[8:16-mj-00343-TDT]
December 9, 2016
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ORDER as to defendants Alisha Trevino, Julian Mix-Perez and Carlos Vidal-Mix. Defendant Vidal-Mix's motion 41 for an extension of the pretrial motion deadline is granted. All defendants shall have to on or before January 18, 2017, in which to file pretrial motions. The time from December 9, 2016, to January 18, 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)ORDER as to defendants Alisha Trevino, Julian Mix-Perez and Carlos Vidal-Mix. Defendant Vidal-Mix's motion 41 for an extension of the pretrial motion deadline is granted. All defendants shall have to on or before January 18, 2017, in which to file pretrial motions. The time from December 9, 2016, to January 18, 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)ORDER as to defendants Alisha Trevino, Julian Mix-Perez and Carlos Vidal-Mix. Defendant Vidal-Mix's motion 41 for an extension of the pretrial motion deadline is granted. All defendants shall have to on or before January 18, 2017, in which to file pretrial motions. The time from December 9, 2016, to January 18, 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)
February 7, 2017
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ORDER as to defendants Julian Mix-Perez, Carlos Vidal-Mix. On or before February 24, 2017, the defendants shall have on file any pre-trial motions that pertain to additional discovery they will be receiving from the United States. On or before April 7, 2017, the United States will provide defendants with the transcripts of the calls they will use at trial. On or before May 5, 2017, the defendants shall have completed their independent assessment of the transcribed calls they received from the United States. On or before May 5, 2017, the defendants shall have on file any motions regarding the transcription of the calls they received from the United States. On or before May 26, 2017, the United States will file its list of witnesses it intends to call in its case-in-chief. On or before June 2, 2017, the United States will disclose the identity of any confidential informant or cooperating witness who will be called in the government's case-in-chief together with any Jencks or Brady materials regarding such witness. On or before June 2, 2017, the defendants shall file a list of witnesses they intend to call at trial. On or before June 2, 2017, the government shall file its exhibit list, trial brief and proposed jury instructions. On or before June 5, 2017, the defendants shall file their exhibit list, trial briefs and proposed jury instructions. Trial of this matter will commence before Judge John M. Gerrard and a jury on June 12, 2017 and is scheduled to last seven (7) trial days. IT IS FURTHER ORDERED: On or before February 10, 2017, the defendant(s) shall file their affidavit(s) in accordance with Paragraph 9 of the progression order. The ends of justice have been served by granting the parties request for a trial setting and outweigh the interests of the public and the defendants in a speedy trial. The additional time arising as a result of the granting of the motion, i.e., from February 3, 2017 through June 12, 2017, shall be deemed excludable time in any computation of time under the requirement of the Speedy Trial Act for the reason counsel require additional time to adequately prepare the case, taking into consideration due diligence of counsel, and the novelty and complexity of this case. The failure to grant additional time might result in a miscarriage of justice. 18 U.S.C. § 3161(h) (7)(A) & (B). Ordered by Magistrate Judge Susan M. Bazis. (GJG)ORDER as to defendants Julian Mix-Perez, Carlos Vidal-Mix. On or before February 24, 2017, the defendants shall have on file any pre-trial motions that pertain to additional discovery they will be receiving from the United States. On or before April 7, 2017, the United States will provide defendants with the transcripts of the calls they will use at trial. On or before May 5, 2017, the defendants shall have completed their independent assessment of the transcribed calls they received from the United States. On or before May 5, 2017, the defendants shall have on file any motions regarding the transcription of the calls they received from the United States. On or before May 26, 2017, the United States will file its list of witnesses it intends to call in its case-in-chief. On or before June 2, 2017, the United States will disclose the identity of any confidential informant or cooperating witness who will be called in the government's case-in-chief together with any Jencks or Brady materials regarding such witness. On or before June 2, 2017, the defendants shall file a list of witnesses they intend to call at trial. On or before June 2, 2017, the government shall file its exhibit list, trial brief and proposed jury instructions. On or before June 5, 2017, the defendants shall file their exhibit list, trial briefs and proposed jury instructions. Trial of this matter will commence before Judge John M. Gerrard and a jury on June 12, 2017 and is scheduled to last seven (7) trial days. IT IS FURTHER ORDERED: On or before February 10, 2017, the defendant(s) shall file their affidavit(s) in accordance with Paragraph 9 of the progression order. The ends of justice have been served by granting the parties request for a trial setting and outweigh the interests of the public and the defendants in a speedy trial. The additional time arising as a result of the granting of the motion, i.e., from February 3, 2017 through June 12, 2017, shall be deemed excludable time in any computation of time under the requirement of the Speedy Trial Act for the reason counsel require additional time to adequately prepare the case, taking into consideration due diligence of counsel, and the novelty and complexity of this case. The failure to grant additional time might result in a miscarriage of justice. 18 U.S.C. § 3161(h) (7)(A) & (B). Ordered by Magistrate Judge Susan M. Bazis. (GJG)
May 5, 2017
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TENTATIVE FINDINGS OF FACT regarding Presentence Investigation Report as to defendant Julian Mix-Perez. There are no objections or motions for departure or variance. Ordered by Judge John M. Gerrard. (CCB)
May 8, 2017
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TENTATIVE FINDINGS OF FACT regarding Presentence Investigation Report as to defendant Alisha Trevino. There are no objections or motions for departure or variance. Ordered by Judge John M. Gerrard. (CCB)
May 10, 2017
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AMENDED TENTATIVE FINDINGS OF FACT regarding Presentence Investigation Report as to defendant Julian Mix-Perez. The defendant has objected to the presentence report (filing 92) and filed a sentencing memo that the Court construes as a motion for variance (filing 93). Ordered by Judge John M. Gerrard. (CCB)
May 19, 2017
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ORDER granting 97 Motion to Continue Trial as to Carlos Vidal-Mix. Jury Trial set for 7/31/2017 at 9:00 AM in Courtroom 1, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Judge John M. Gerrard. 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 Susan M. Bazis. ( MLF, )
May 26, 2017
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ORDER APPOINTING COUNSEL - CJA Counsel is appointed to represent the defendant in this matter as to defendant Bernardo Williams-Jauregui. Ordered by Magistrate Judge F.A. Gossett. (SLP)
May 26, 2017
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ORDER of Detention pending trial as to defendant Bernardo Williams-Jauregui. Ordered by Magistrate Judge F.A. Gossett. (SLP)
June 16, 2017
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ORDER granting 132 Motion to Extend Date to File Pretrial Motions as to Bernardo Williams-Jauregui. Pretrial Motion Deadline set for 7/6/2017. The time between June 15, 2017 and July 6, 2017, 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 Susan M. Bazis. (SLP)
July 7, 2017
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ORDER as to defendant Bernardo Williams-Jauregui. Defendant's Motion to Extend Date to File Pretrial Motions 136 is granted. Pretrial motions shall be filed on or before July 27, 2017. Defendant is ordered to file the affidavit required by Rule 16(c), Fed. R. Cr. P. and NE. Crim. R. 12.1 forthwith. The time between July 7, 2017 and July 27, 2017 shall be deemed excludable time in any computation of time under the requirement of the Speedy Trial Act. Ordered by Magistrate Judge Susan M. Bazis. (MBM)
August 3, 2017
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ORDER as to defendant Julian Mix-Perez. The defendant's motion to proceed on appeal in forma pauperis 150 is granted, and the defendant is permitted to proceed on appeal in forma pauperis. Ordered by Judge John M. Gerrard. (MBM)
September 7, 2017
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TENTATIVE FINDINGS OF FACT regarding Presentence Investigation Report as to defendant(s) Carlos Vidal-Mix. There are no motions for departure or variance. The defendant has objected (filing 165) to the presentence report. Ordered by Judge John M. Gerrard. (CCB)
September 14, 2017
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SUPPLEMENTAL SENTENCING FINDINGS as to defendant Alisha Trevino. The parties shall provide the Court as soon as possible, but in no event later than 5 p.m. on Friday, September 15, 2017, with copies of any documentary evidence they intend to present at sentencing with respect to the applicability of the 2-level "stash house" enhancement. The parties shall advise the Court as soon as possible, but in no event later than 5 p.m. on Friday, September 15, 2017, whether additional time is required for sentencing or whether the sentencing hearing should be continued. The government's "Statement of Position Regarding the Revised Presentence Investigation Report" 118 and the defendant's "Statement of Defendant's Position Regarding Sentencing" 168 will be taken under advisement and disposed of at sentencing. Ordered by Judge John M. Gerrard. (DCD)
November 1, 2017
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ORDER - IT IS ORDERED: Defendant Bernardo Williams-Jauregui's unopposed motion to continue trial (filing no. 202) is granted. 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 December 18, 2017, or as soon thereafter as the case may be called, for five days. Jury selection will be held at commencement of trial. Accordingly, the additional time arising as a result of the granting of the motion, the time between today's date, and the anticipated trial, shall be deemed excludable time in any computation of time under the requirements of the Speedy Trial Act as to Bernardo Williams-Jauregui. Ordered by Magistrate Judge Michael D. Nelson. (TCL)
December 7, 2017
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ORDER granting 207 Motion to Continue as to Bernardo Williams-Jauregui (4). Jury Trial set for 2/20/2018 at 09:00 AM Courtroom 1 (Special Proceedings), Roman L. Hruska Federal Courthouse, 111 South 18th Plz, Omaha, NE before Judge John M. Gerrard. Failing to timely object to this order as provided under this courts local rules 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 Susan M. Bazis. (ADB)
December 12, 2017
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ORDER - IT IS ORDERED: The defendant's motion for copies (filing 209) is denied. The defendant's motion to proceed in forma pauperis (filing 210) is denied as moot as to Julian Mix-Perez. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party)( TCL)
January 25, 2018
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ORDER granting 213 Motion to Continue as to Bernardo Williams-Jauregui. Jury Trial set for 3/26/2018 at 09:00 AM in Courtroom 1, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Judge John M. Gerrard. Failing to timely object to this order as provided under this court's local rules 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 Susan M. Bazis. (KMM)
April 3, 2018
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MEMORANDUM AND ORDER - The Magistrate Judge's Findings and Recommendation on a Guilty Plea 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 as to defendant Bernardo Williams-Jauregui. Ordered by Judge John M. Gerrard. (LKO)
April 11, 2018
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MEMORANDUM AND ORDER - The defendant, Julian Mix-Perez, motion to vacate under 28 U.S.C. § 2255 (filing 220) is denied without prejudice. A separate judgment will be entered. The Court will not issue a certificate of appealability. The Clerk is directed to mail a copy of this Memorandum and Order to the defendant at his last known address. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party) (LKO)
April 23, 2018
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MEMORANDUM AND ORDER denying Motion to vacate under 28 USC 2255 237as to defendant Carlos Vidal-Mix. The court will not issue a certificate of appealability in this matter. A separate judgment will be entered. The clerk is directed to mail a copy of this memorandum and order to the defendant at his last known address. Ordered by Judge John M. Gerrard. (Copy mailed to defendant Carlos Vidal-Mix)(CCB)
April 23, 2018
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ORDER for the reasons stated in the accompanying memorandum and order, the defendant's motion to vacate under 28 USC 2255 (filing 237) is denied as to defendant Carlos Vidal-Mix. Ordered by Judge John M. Gerrard. (Copy mailed to defendant)
May 30, 2018
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TENTATIVE FINDINGS regarding Presentence Investigation Report and Addendum as to defendant Bernardo Williams-Jauregui. Ordered by Judge John M. Gerrard. (LKO)
June 20, 2018
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ORDER granting 251 defendant's Motion to Continue Sentencing (Unopposed)251 as to Bernardo Williams-Jauregui (4). Sentencing is continued to 8/23/2018 at 02:30 PM in Courtroom 1, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Judge John M. Gerrard. Ordered by Judge John M. Gerrard. (CCB)
August 15, 2018
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ORDER APPOINTING COUNSEL as to defendant Julian Mix-Perez - The Federal Public Defender for the District of Nebraska is appointed to represent the defendant in this matter. Ordered by Magistrate Judge Susan M. Bazis. (MBM)
August 20, 2018
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ORDER - The defendant's unopposed Motion to Continue Sentencing (filing 262) is granted. Defendant Bernardo Williams-Jauregui's sentencing is continued to September 20, 2018 at 3:00 p.m., before the undersigned United States District Judge, in Courtroom No. 1, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, Nebraska. The defendant shall be present at the hearing. Ordered by Judge John M. Gerrard. (KMM)
October 2, 2018
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MEMORANDUM AND ORDER - that the defendant's motion to reduce sentence (filing 257) is denied as to defendant Carlos Vidal-Mix. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party) (LKO)