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17-314 - USA v. Rodolfo-Chaidez et al


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17-314 - USA v. Rodolfo-Chaidez et al
October 26, 2017
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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 Idelfonso Tapia-Rodriguez. Ordered by Magistrate Judge Michael D. Nelson. (SLPcrt)
October 26, 2017
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ORDER of Detention pending trial as to defendant Jose Rodolfo-Chaidez. Ordered by Magistrate Judge Michael D. Nelson. (SLP)
October 26, 2017
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ORDER of Detention pending trial as to defendant Idelfonso Tapia-Rodriguez. Ordered by Magistrate Judge Michael D. Nelson. (SLP)
October 26, 2017
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ORDER of Detention pending trial as to defendant Enrique Serna. Ordered by Magistrate Judge Michael D. Nelson. (SLP)
October 26, 2017
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ORDER of Detention pending trial as to defendant Minerva Garcia. Ordered by Magistrate Judge Michael D. Nelson. (SLP)
November 9, 2017
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ORDER as to defendant Minerva Garcia. Defendant's Motion for Extension of Time for Filing Pretrial Motions 36 is granted. Pretrial motions shall be filed on or before November 29, 2017. The time between November 15, 2017 and November 29, 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)
November 16, 2017
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ORDER Defendant's motion to continue the pretrial motion deadline 44 is granted. Pretrial motions shall be filed on or before December 1, 2017. Defendant is ordered to file the affidavit required by Rule 16(c), Fed. R. Cr. P. and NE. Crim. R. 12.3(a) forthwith. The ends of justice have been served by granting such motion and outweigh the interests of the public and the defendant in a speedy trial. The additional time arising as a result of the granting of the motion, i.e., the time between November 15, 2017 and December 1, 2017 shall be deemed excludable time in any computation of time under the requirement of the Speedy Trial Act for the reason defendant's counsel requires 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) (8)(A) & (B) as to defendant Enrique Serna. Ordered by Magistrate Judge Susan M. Bazis. (LAC)
November 16, 2017
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ORDER Defendant's Unopposed Motion to Extend Pretrial Deadline 43 is granted. Pretrial motions shall be filed on or before December 1, 2017. Defendant is ordered to file the affidavit required by Rule 16(c), Fed. R. Cr. P. and NE. Crim. R. 12.3(a) forthwith. The ends of justice have been served by granting such motion and outweigh the interests of the public and the defendant in a speedy trial. The additional time arising as a result of the granting of the motion, i.e., the time between November 15, 2017 and December 1, 2017 shall be deemed excludable time in any computation of time under the requirement of the Speedy Trial Act for the reason defendant's counsel requires 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)(8)(A) & (B) as to defendant Jose Rodolfo-Chaidez. Ordered by Magistrate Judge Susan M. Bazis. (LAC)
March 16, 2018
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FINDINGS AND RECOMMENDATION to United States District Court Judge Robert Rossiter, Jr. that Defendant's MOTION to Suppress 39 and MOTION to Sever 41 be denied as to defendant Idelfonso Tapia-Rodriguez. Ordered by Magistrate Judge Susan M. Bazis. (KMM)
April 11, 2018
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MEMORANDUM AND ORDER that Defendant Idelfonso Tapia-Rodriguez's objections (Filing No. 83) to the magistrate judge's Findings and Recommendation are sustained in part and overruled in part as discussed in this order. The magistrate judge's Findings and Recommendation (Filing No. 81) are accepted as modified by this Memorandum and Order. Tapia-Rodriguez's Motion to Suppress Evidence (Filing No. 39) is denied. Tapia-Rodriguez's Motion to Sever (Filing No. 41) is denied. However, Rodolfo-Chaidez's post-arrest statement must be redacted to remove any references to a roommate as to Idelfonso Tapia-Rodriguez (2). Ordered by Judge Robert F. Rossiter, Jr. (JSF)
April 26, 2018
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ORDER granting 103 Motion to Continue Trial as to Jose Rodolfo-Chaidez and granting 104 Motion to Continue Trial as to Idelfonso Tapia-Rodriguez. Jury Trial continued to 7/2/2018 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 Susan M. Bazis. (MLF)ORDER granting 103 Motion to Continue Trial as to Jose Rodolfo-Chaidez and granting 104 Motion to Continue Trial as to Idelfonso Tapia-Rodriguez. Jury Trial continued to 7/2/2018 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 Susan M. Bazis. (MLF)
August 7, 2018
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ORDER that the government's Motion to Dismiss Forfeiture Allegation (Filing No. 128) is granted. The Forfeiture Allegation of the Indictment (Filing No. 1) is dismissed as to Jose Rodolfo-Chaidez (1), Idelfonso Tapia-Rodriguez (2), Enrique Serna (3), and Minerva Garcia (4). Ordered by Judge Robert F. Rossiter, Jr. (JSF)ORDER that the government's Motion to Dismiss Forfeiture Allegation (Filing No. 128) is granted. The Forfeiture Allegation of the Indictment (Filing No. 1) is dismissed as to Jose Rodolfo-Chaidez (1), Idelfonso Tapia-Rodriguez (2), Enrique Serna (3), and Minerva Garcia (4). Ordered by Judge Robert F. Rossiter, Jr. (JSF)ORDER that the government's Motion to Dismiss Forfeiture Allegation (Filing No. 128) is granted. The Forfeiture Allegation of the Indictment (Filing No. 1) is dismissed as to Jose Rodolfo-Chaidez (1), Idelfonso Tapia-Rodriguez (2), Enrique Serna (3), and Minerva Garcia (4). Ordered by Judge Robert F. Rossiter, Jr. (JSF)ORDER that the government's Motion to Dismiss Forfeiture Allegation (Filing No. 128) is granted. The Forfeiture Allegation of the Indictment (Filing No. 1) is dismissed as to Jose Rodolfo-Chaidez (1), Idelfonso Tapia-Rodriguez (2), Enrique Serna (3), and Minerva Garcia (4). Ordered by Judge Robert F. Rossiter, Jr. (JSF)
November 9, 2018
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JUDGMENT as to Jose Rodolfo-Chaidez (1), Count 1 - Defendant pleaded guilty to count I of the Indictment and is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a term of one hundred twenty-one (121) months; 5 years supervised release, $100.00 special assessment; Count 3 - Count III is dismissed on the motion of the United States as to defendant Jose Rodolfo-Chaidez. Ordered by Judge Robert F. Rossiter, Jr.. (4 Certified copies to USM)(ADB)