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17-103 - USA v. Garza et al


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17-103 - USA v. Garza et al
May 1, 2017
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ORDER APPOINTING COUNSEL as to defendant Michael Garman - CJA Counsel Michael D. Gooch is appointed to represent the defendant in this matter. Ordered by Magistrate Judge Susan M. Bazis. (MBM)
May 2, 2017
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ORDER of Detention pending trial as to defendant Michael Garman. Ordered by Magistrate Judge Susan M. Bazis. (MBM)
May 3, 2017
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ORDER APPOINTING COUNSEL as to defendant Gabriella Valdez - CJA Counsel Dennis G. Whelan is appointed to represent the defendant in this matter. Ordered by Magistrate Judge Susan M. Bazis. (MBM)
May 3, 2017
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ORDER APPOINTING COUNSEL as to defendant Rigoberto Cervantes - CJA Counsel Alton E. Mitchell is appointed to represent the defendant in this matter. Ordered by Magistrate Judge Susan M. Bazis. (MBM)
May 4, 2017
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ORDER of Detention pending trial as to defendant Gabriella Valdez. Ordered by Magistrate Judge Susan M. Bazis. (MBM)
May 4, 2017
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ORDER of Detention pending trial as to defendant Rigoberto Cervantes. Ordered by Magistrate Judge Susan M. Bazis. (MBM)
May 17, 2017
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ORDER APPOINTING COUNSEL as to defendant Miguel Garza - 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)
May 18, 2017
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ORDER of Detention pending trial as to defendant Miguel Garza. Ordered by Magistrate Judge Susan M. Bazis. (MBM)
May 22, 2017
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ORDER granting 40 unopposed Motion for Extension of Time to File Pretrial Motions as to Gabriella Valdez. Pretrial Motion Deadline set for 7/7/2017. The time between today's date and July 7, 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 13, 2017
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ORDER as to defendant Rigoberto Cervantes. The defendant's Motion to Enlarge Time for Filing Pretrial Motions 50 is denied. Pursuant to NECrimR 59.2(a), a party may appeal this order by filing a "Statement of Appeal of Magistrate Judge's Order" no later than 12:00 noon on July 27, 2017. Ordered by Magistrate Judge Susan M. Bazis. (MBM)
July 19, 2017
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ORDER that the Defendant's objection (filing no. 58) to magistrate judge's order (filing no. 51) is sustained. All pretrial motions shall be filed on or before 5:00 p.m. on July 21, 2017. At this time, the trial of this case is scheduled to commence on August 21, 2017 at 9:00 a.m. The ends of justice served by granting the motion to enlarge time outweigh the interests of the public and the defendant in a speedy trial, and the additional time arising as a result of the granting of the motion, the time between today's date and July 21, 2017, shall be deemed excludable time in any computation of time under the requirements of the Speedy Trial Act, because despite counsel's diligence, additional time is needed to adequately prepare this case for trial and failing to grant additional time might result in a miscarriage of justice. 18 U.S.C. § 3161(h)(7)(A) & (B) as to defendant Rigoberto Cervantes. Ordered by Judge John M. Gerrard. (LAC)
August 14, 2017
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PRELIMINARY ORDER OF FORFEITURE - The plaintiff's Motion for Preliminary Order of Forfeiture (filing 73) is granted as to Michael Garman. Ordered by Judge John M. Gerrard. (KLF)
September 29, 2017
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TENTATIVE FINDINGS OF FACT regarding Revised Presentence Investigation Report as to defendant Michael Garman. Ordered by Judge John M. Gerrard. (KLF)
October 20, 2017
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FINAL ORDER OF FORFEITURE - The plaintiff's Motion for Final Order of Forfeiture (filing 96) is granted. All right, title, and interest in and to the $13,757 in United States currency held by any person or entity are forever barred and foreclosed. The currency is forfeited to the plaintiff. The plaintiff is directed to dispose of the currency in accordance with law as to Michael Garman. Ordered by Judge John M. Gerrard. (1 Certified copy to USM) (KLF)
October 25, 2017
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FINDINGS AND RECOMMENDATION - to United States District Court Judge John M. Gerrard that Defendants Motion to Suppress Evidence (Filing No. 70) be denied as to defendant Rigoberto Cervantes. Ordered by Magistrate Judge Susan M. Bazis. (KLF)
November 9, 2017
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MEMORANDUM AND ORDER - The Magistrate Judge's Findings, Recommendation, and Order (filing 104) are adopted. The defendant's motion to suppress (filing 70) is denied as to Rigoberto Cervantes. Ordered by Judge John M. Gerrard. (KLF)
November 13, 2017
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TENTATIVE FINDINGS OF FACT regarding Presentence Investigation Report as to defendant Miguel Garza. Ordered by Judge John M. Gerrard. (LAC)
December 4, 2017
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ORDER that Defendant Gabriella Valdez's unopposed motion to continue trial in the above case (filing no. 109) is granted. The trial of this case as to defendants Gabriella Valdez and Rigoberto Cervantes 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 January 29, 2018, or as soon thereafter as the case may be called. Jury selection will be held at commencement of trial. 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. (LAC)ORDER that Defendant Gabriella Valdez's unopposed motion to continue trial in the above case (filing no. 109) is granted. The trial of this case as to defendants Gabriella Valdez and Rigoberto Cervantes 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 January 29, 2018, or as soon thereafter as the case may be called. Jury selection will be held at commencement of trial. 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. (LAC)
January 30, 2018
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ORDER granting 126 Motion to Continue as to defendant Rigoberto Cervantes. Jury Trial set for 2/26/2018 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)
March 2, 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 Rigoberto Cervantes. Ordered by Judge John M. Gerrard. (LKO)
March 5, 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 in regards to defendant Gabriella Valdez. Ordered by Judge John M. Gerrard. (LKO)
April 17, 2018
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TENTATIVE FINDINGS OF FACT regarding Presentence Investigation Report as to defendant Gabriella Valdez. Ordered by Judge John M. Gerrard. (LKO)
April 24, 2018
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ORDER - The defendant's Unopposed Motion to Continue Sentencing (filing 150) is granted. Defendant Gabriella Valdez's sentencing is continued to June 28, 2018, at 1:30 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)
April 27, 2018
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TENTATIVE FINDINGS OF FACT regarding Presentence Investigation Report as to defendant Rigoberto Cervantes. Ordered by Judge John M. Gerrard. (LKO)