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92-012 - United States of America v. McMurray et al


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92-012 - United States of America v. McMurray et al
April 21, 2005
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ORDER regarding Notice of Appeal to USCA709 as to defendant, Tracy N. Lomax. No order will be entered in this direct criminal appeal, and the party is permitted to proceed on appeal in forma pauperis. Signed by Judge Richard G. Kopf on 4/21/2005. (JAR)
May 25, 2005
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ORDER as to Tracy N. Lomax. It is ordered that the defendant's motion for discretionary reduction of sentence pursuant to 18 U.S.S.C. section 3582(c)(2) 717 is denied. Signed by Judge Richard G. Kopf on 5/25/2005. (KLL, )
February 7, 2006
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ORDER that the government's exhibits in this case are to be returned to the United States Attorney for appropriate disposition, as to defendant Hamedah A. Hasan. Signed by Judge Richard G. Kopf on 2/7/2006. (JAE, )
January 9, 2008
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ORDER - The motion to appoint counsel (filing 738) is granted and the Federal Public Defender for the District of Nebraska is appointed to represent the defendant. The Clerk shall send the Defender a copy of this memorandum and order. If the Defender cannot accept the appointment, he shall nominate a substitute from the CJA panel as to Tracy N. Lomax (2). Ordered by Judge Richard G. Kopf. (Copy mailed to pro se party) (Copy e-mailed to Karen Burks)( GJG, )
May 20, 2008
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MEMORANDUM AND ORDER regarding Motion filing 747 as to Tracy N. Lomax. No later than July 3, 2008, the probation office shall provide the undersigned and counsel of record with a Retroactive Sentencing Worksheet. If the officer requires additional time, a request may be made to the undersigned by e-mail. The Clerk's office shall provide the Probation Office with a copy of this order. No later than July 18, 2008, counsel of record shall confer and file a stipulation or request a telephone conference as set out in this Memorandum and Ordef. Ordered by Judge Richard G. Kopf. (Copies mailed as directed)(GJG, )
July 8, 2008
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ORDER as to defendant Hamedah A. Hasan Hamedah Hasan has filed a motion to reduce her sentence due to the amendment of the crack cocaine Guidelines which have now been made retroactive. 744 I am no longer impartial when it comes to Hamedah Hasan. I asked the President to commute her sentence and I appeared in a film about her, urging that she be given relief. More recently, I was advised by the Justice Department that the commutation request was denied by the President, and I expressed my disgust about that decision to her lawyer. Therefore, IT IS ORDERED that I recuse myself from Hamedah Hasan's case and request that Chief Judge Bataillon reassign Hamedah Hasan's case to another judge. I will continue to handle the case as to other co-defendants. My chambers shall provide Chief Judge Bataillon with a copy of this memorandum and order. My chambers shall also provide a copy of this memorandum and order to the United States Probation Officer assigned to this case. Ordered by Judge Richard G. Kopf. (KLL, )
August 4, 2008
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MEMORANDUM AND ORDER Counsel for Tracy N. Lomax, also known as Ahad Hasan, shall have until the close of business on August 13, 2008 to submit additional materials or briefs on the motion for reduction of sentencing. Counsel for the government shall have until the close of business on August 22, 2008 to submit responsive materials or briefs. This matter shall be deemed submitted on August 22, 2008 and my chambers shall bring this matter to my attention on Monday, August 25, 2008 as to defendant Tracy N. Lomax. Ordered by Judge Richard G. Kopf. (GJG, )
September 10, 2008
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ORDER REGARDING MOTION FOR SENTENCE REDUCTION PURSUANT TO 18:3582(c)(2) - The defendant's request for an evidentiary hearing and motion to reduce sentence pursuant to crack cocaine amendment (filing 747) are denied. The probation officer is directed to file a copy of the "Retroactive Sentencing Worksheet" in the court file as to Tracy N. Lomax (2). Ordered by Judge Richard G. Kopf. ( GJG, )
September 18, 2008
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ORDER permitting the defendant to proceed on appeal in forma pauperis as to defendant Tracy N. Lomax. Ordered by Judge Richard G. Kopf. (GJG, )
June 24, 2009
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MEMORANDUM AND ORDER that the Defendant' s motion to reduce her sentence (Filing No. 744) is denied; and The Court's order within the text minute entry at Filing No. 770 is vacated as to defendant Hamedah A. Hasan. Ordered by Judge Laurie Smith Camp. (ADB, )
July 1, 2009
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ORDER permitting the defendant to proceed on appeal in forma pauperis as to defendant Hamedah A. Hasan. Ordered by Judge Laurie Smith Camp. (KBJ) Modified on 7/1/2009 to edit text as the defendant did not file pro se (KBJ).
November 7, 2011
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ORDER REGARDING MOTION TO REDUCE SENTENCE UNDER 2011 CRACK COCAINE GUIDELINE AMENDMENT - granting 784 motion to reduce sentence under 2011 Crack Cocaine guideline amendment and granting 785 Stipulation as to Hamedah A. Hasan (6). The defendant's previously imposed sentence of imprisonment (as reflected in the last judgment issued) of 324 months is reduced to 262 months. Except as provided above, all provisions of the judgment dated January 11, 2002 shall remain in effect. Effective date: November 7, 2011. Ordered by Judge Laurie Smith Camp. (AOA)
November 19, 2014
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ORDER as to defendant Tracy N. Lomax. The Prosecutor and Federal Public Defender shall notify the undersigned when this matter is ripe for resolution. My previous order (filing 801) is withdrawn. Ordered by Senior Judge Richard G. Kopf. (SLP)
April 9, 2015
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ORDER REDUCING SENTENCE - USSC Amendment as to defendant Tracy N. Lomax. The defendant's previously imposed sentence of imprisonment of life is reduced to 360 months. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(MBM)
August 6, 2015
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ORDER on a letter as to defendant Tracy N. Lomax. The letter shall be filed and treated as a motion. The Federal Public Defender is appointed to represent the defendant regarding the motion. On or before Monday, August 31, 2015, the government and the defendant shall each submit a brief responsive to the motion. I inform the parties that it is my tentative view that my most recent sentence of 360 months should be made to run concurrently and not consecutively to the sentence, if true, mentioned in the motion pertaining to the District of Oregon. The parties should submit and file in the court file the most recent judgment and committal order reflecting the sentence imposed upon the defendant in the District of Oregon. The Clerk shall mail a copy of this memorandum and order to the defendant. Ordered by Senior Judge Richard G. Kopf. (Copies mailed as directed to the defendant)(MKR)
September 2, 2015
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ORDER that the Clerk shall file the attached PDF of the revised presentence investigation report received in my chambers on July 18, 1993. If any party disputes that the attached revised presentence investigation report is the final presentence report upon which the defendant was sentenced, that party shall immediately file a response asserting the objection as to defendant Tracy N. Lomax. Ordered by Senior Judge Richard G. Kopf. (JSF)
September 2, 2015
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ORDER that any party who objects to my issuing an amended judgment making Mr. Lomax's sentence run concurrent with the Oregon federal sentence but making no other changes, shall submit a response and a brief no later than the close of business on September 10, 2015. My chambers shall call this case to my attention on September 11, 2015 as to defendant Tracy N. Lomax. Ordered by Senior Judge Richard G. Kopf. (JSF)
October 6, 2015
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MEMORANDUM AND ORDER as to defendant Tracy N. Lomax. The Federal Public Defender David R. Stickman is appointed to represent Mr. Lomax and shall file a motion pursuant to 28 U.S.C. § 2255 regarding the matter outlined. The Clerk shall mail a copy of this Memorandum and Order to Mr. Lomax. Ordered by Senior Judge Richard G. Kopf. (Copy mailed as directed) (MBM)
January 15, 2016
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MEMORANDUM AND ORDER regarding Motion to Vacate under § 2255 filing no. 828 and the supporting index of evidence filing no. 829 as to defendant Tracy N. Lomax. It is ordered that the government shall submit an answer, brief and any other documents required by Rule 5 of the Federal Rules Governing Section 2255 Proceedings no later than the close of business on Tuesday, February 16, 2016; Mr. Lomax, through his counsel, may reply as authorized by Rule 5(d) no later than the close of business on Friday, February 26, 2016. My chambers shall call this file to my attention once the government files an answer, brief and related materials. Ordered by Senior Judge Richard G. Kopf. (Copy mailed as directed)(SLP)
February 19, 2016
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AMENDED ORDER REDUCING SENTENCE - USSC Amendment as to defendant Tracy N. Lomax. Defendant's sentences on Counts I, II and VII are reduced from life to 360 months, and the sentences on Counts III, IV and V are reduced from 480 months to 360 months. Ordered by Senior Judge Richard G. Kopf. (JSF)
February 19, 2016
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ORDER that the defendant's section 2255 Motion to Vacate Sentence 828 is granted to the extent of the ineffective assistance of counsel claim, but it is otherwise denied. The only relief sought by the defendant is granted. The Bureau of Prisons is reminded that all sentences imposed in the Judgment in this case 454 entered on or about October 29, 1993, shall be served concurrently as stated in said Judgment. The Bureau of Prison is informed that pursuant to Amendment 782 of the Guidelines, the sentences on Counts I, II and VII have been reduced from life to 360 months and the sentences on Counts III, IV and V have been reduced from 480 months to 360 months. (See filing 834.) The Motion to Clarify Sentence 815 is denied. A separate judgment will be entered. Kelly Nelson, SUSPO, shall provide the Bureau of Prisons with a copy of the Amended Amendment 782 Order, this Memorandum and Order and the Judgment entered pursuant to this Memorandum and Order. My judicial assistant will provide Mr. Nelson with PDF copies showing the page headers of these filings as to Tracy N. Lomax (2). Ordered by Senior Judge Richard G. Kopf. (JSF) Civil Case 8:16-cv-00015-RGK closed.
June 1, 2016
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ORDER as to defendant Tracy N. Lomax. The defendant's motion (filing no. 840) for reconsideration of order on motion to reduce sentence (filing no. 839) is denied. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(GJG)
June 30, 2016
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ORDER - This case is held in abeyance until further order of this court. Counsel shall promptly advise me when the United States Court of Appeals for the Eighth Circuit or the United States Supreme Court decides one way or the other whether the Johnson decision applies to a case (i) where the underlying criminal action was final before Johnson was decided and (ii) that involves a challenge to the residual clause of U.S.S.G. § 4B1.2(a)(2) based upon Johnson as to defendant Tracy N. Lomax. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (KLF)
July 12, 2016
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ORDER - The Clerk shall send Mr. Hasan a copy of this order and a copy of his motion (filing no. 842). No later than August 12, 2016, Mr. Hasan shall advise the Court by sending a letter to the Clerk of Court indicating whether Mr. Hasan wishes to proceed with his motion. Mr. Hasan's responsive letter shall be mailed to: Clerk's Office, United States District Court for the District of Nebraska, 593 Federal Building, 100 Centennial Mall North, Lincoln, NE 68508. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (KLF)
August 12, 2016
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MEMORANDUM AND ORDER - The defendant § 2255 motion (filing no. 842) under the Johnson case is denied because the defendant's sentence was not enhanced by any prior conviction under the residual clause of the Guidelines. The Federal Public Defender's motion to withdraw (filing no. 849) is granted. Judgment will be entered by separate document. A certificate of appealability is denied. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (KLF)
August 15, 2016
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MEMORANDUM AND ORDER - The § 2255 motion (filing no. 851) is denied and dismissed with prejudice. Judgment will be entered by separate document. No certificate of appealability is issued as to Tracy N. Lomax. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (KLF) Civil Case 8:16-cv-00374-RGK closed.