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10-210 - USA v. Macias et al


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10-210 - USA v. Macias et al
September 20, 2011
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REPORT AND RECOMMENDATIONS on Plea of Guilty as to Kwame K Wheaton {12}. Defendant having executed the Plea Agreement, he tendered a plea of guilty to the offense charged in Count One of the Fourth Superseding Indictment. The Magistrate Judge concludes the guilty plea is knowing, intelligent, and voluntary and that the Statement of Facts made a part of the Plea Agreement, whose truth Defendant acknowledged, provides a sufficient basis for a finding of guilt. It is therefore respectfully recommended that the guilty plea be accepted and Defendant be found guilty as charged in the Information. Anticipating the District Court's adoption of this Report and Recommendations, the Magistrate Judge referred the Defendant for a pre-sentence investigation, continued his release on the bond previously set. Objections to R&R due by 10/7/2011. Sentencing set for 12/19/2011 at 2:45 PM in Courtroom 1 - Dayton before Judge Walter H Rice. Signed by Magistrate Judge Michael R Merz on 9/20/2011. (mdf1)
October 6, 2011
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REPORT AND RECOMMENDATIONS as to Andre Lamar Smith - It is respectfully recommended that the Plea Agreement be accepted. Objections to R&R due by 10/24/2011. Signed by Magistrate Judge Michael R Merz on 10/5/2011. (kpf1)
October 11, 2011
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ORDER ADOPTING REPORT AND RECOMMENDATIONS 427 - IT IS THEREFORE ORDERED that the Plea Agreement herein and Defendant's plea of guilty pursuant to that agreement are accepted as to Kwame K Wheaton(12). Signed by Judge Walter H Rice on 10/11/2011. (kje1)
October 25, 2011
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ORDER ADOPTING REPORT AND RECOMMENDATIONS RE: (DOC. 451). It is therefore ORDERED that the Plea Agreement herein and Defendant's plea of guilty pursuant to that agreement are accepted as to Andre Lamar Smith (11). Signed by Judge Walter H Rice on 10/25/11. (cib1)
December 7, 2011
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REPORT AND RECOMMENDATIONS on Plea of Guilty as to Fernando Schmidt-Zazueta {23}. Objections to R&R due by 12/27/2011. Signed by Magistrate Judge Michael J Newman on 12/7/2011. (NEF and R&R emailed to attorney John T. Keller and AUSA) (mdf1)
March 6, 2012
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REPORT AND RECOMMENDATIONS on Plea of Guilty as to James E Townsend Objections to R&R due by 3/23/2012. Signed by Magistrate Judge Michael J Newman on 3/6/2012. (gh1)
March 8, 2012
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ORDER granting 547 Motion to Dismiss as to Kasha Mitchell (19). Signed by Judge Walter H Rice on 3/8/2012. (mdf1) (Count 2 dismissed from prior Superseding Indictment)
March 13, 2012
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ORDER ADOPTING REPORT AND RECOMMENDATIONS (Doc. # 498) on Plea of Guilty as to Fernando Schmidt-Zazueta {23}. Signed by Judge Walter H Rice on 3/12/2012. (mdf1)
March 14, 2012
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REPORT AND RECOMMENDATIONS on Plea of Guilty as to Martin Juarez Objections to R&R due by 4/2/2012. Signed by Magistrate Judge Michael J Newman on 3/14/2012. (gh1)
March 26, 2012
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ORDER ADOPTING REPORT AND RECOMMENDATIONS (Doc. 544) as to James E Townsend. Signed by Judge Walter H Rice on 3/26/12. (cib1)
April 11, 2012
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ORDER ADOPTING REPORT AND RECOMMENDATIONS (DOC. #554) on Plea of Guilty as to Martin Juarez {26}. Signed by Judge Walter H Rice on 4/10/2012. (mdf1)
February 15, 2013
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REPORT AND RECOMMENDATIONS - It is accordingly RECOMMENDED that the Court accept Defendant's plea of guilty to Count 1 of the Fourth Superseding Indictment and find Defendant guilty as charged in such Count of conspiracy to distribute and possess with intent to distribute 1 kilogram or more of a mixture or substance containing a detectable amount of heroin in violation of Title 21 U.S.C. §§ 846 and 841(a)(1) and (b)(1)(A). Pending the Court's acceptance of Defendant's plea, Defendant has been referred to the Probation Department for a pre-sentence investigation as to David Gutierrez-De La Pena. Objections to R&R due by 3/4/2013. Signed by Magistrate Judge Sharon L Ovington on 2/15/13. (kje1)
December 13, 2013
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REPORT AND RECOMMENDATIONS as to George A Billingsley - It is respectfully recommended that the Motion to Vacate be dismissed with prejudice in its entirety. Objections to R&R due by 12/30/2013. Signed by Magistrate Judge Michael R Merz on 12/13/13. (pb1)
February 19, 2014
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SUPPLEMENTAL REPORT AND RECOMMENDATIONS as to George A Billingsley - Based on the foregoing analysis and that in the original Report, it is again respectfully recommended that the Motion to Vacate be denied. Because reasonable jurists would not disagree with this conclusion, Petitioner should be denied a certificate of appealability and the Court should certify to the Sixth Circuit that any appeal would be objectively frivolous. Objections to R&R due by 3/10/2014. Signed by Magistrate Judge Michael R Merz on 2/19/2014. (kpf1)
March 17, 2014
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DECISION AND ENTRY ADOPTING UNITED STATES MAGISTRATE JUDGE'S REPORT AND RECOMMENDATIONS (DOC. #789) AND SUPPLEMENTAL REPORT AND RECOMMENDATIONS (DOC. #803) IN THEIR ENTIRETY; OVERRULING DEFENDANT'S OBJECTIONS TO REPORT AND RECOMMENDATIONS (DOC. #801 ), AND REQUEST FOR EVIDENTIARY HEARING; OVERRULING DEFENDANT'S MOTION UNDER 28 U.S.C. § 2255 TO VACATE, SET ASIDE, OR CORRECT SENTENCE (DOC. #788); JUDGMENT TO ENTER IN FAVOR OF PLAINTIFF AND AGAINST DEFENDANT; OVERRULING ANTICIPATED MOTION FOR CERTIFICATE OF APPEALABILITY AND LEAVE TO APPEAL IN FORMA PAUPERIS; TERMINATION ENTRY as to George A Billingsley. Signed by Judge Walter H Rice on 03/17/14. (pb1)
September 23, 2015
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REPORT AND RECOMMENDATIONS as to Martin Juarez - The Governments Motion to Dismiss should be granted. Because reasonable jurists would not disagree with this conclusion, Petitioner should be denied a certificate of appealability and the Court should certify to the Sixth Circuit that any appeal would be objectively frivolous and therefore should not be permitted to proceed in forma pauperis. Objections to R&R due by 10/13/2015. Signed by Magistrate Judge Michael R. Merz on 9/23/2015. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
October 21, 2015
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ORDER ADOPTING REPORT AND RECOMMENDATIONS as to Martin Juarez - Accordingly, it is hereby ORDERED that the Government's Motion to Dismiss (ECF No. 904) be GRANTED. Petitioner is DENIED any requested certificate of appealability and the Court hereby certifies to the United States Court of Appeals that an appeal would be objectively frivolous and therefore should not be permitted to proceed in forma pauperis. Signed by Judge Walter H. Rice on 10/21/15. (pb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
September 7, 2016
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REPORT AND RECOMMENDATIONS ON MOTION FOR EXTENSION OF TIME TO APPEAL- Under Fed. R. App. P. 4(a)(6), if the court finds a party did not receive notice of the entry of judgment within twenty-one days after it was entered, a court can reopen the time to appeal if a motion to do so is filed within 180 days after the judgment is entered or fourteen days after the moving party received notice, whichever is earlier. 180 days after judgment was entered was April 18, 2016. Fourteen days after Juarez says he received notice was July 21, 2016. If his instant Motion were to be construed as a motion to reopen the time to appeal, it would be untimely even presuming he mailed the Motion on the date he signed it (August 4, 2016). Mr. Juarezs Motion to Extend should therefore be DENIED. as to Martin Juarez re 927 Objections to R&R due by 9/26/2016. Signed by Magistrate Judge Michael R. Merz on 09/06/16. (kma)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
October 5, 2016
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ORDER ADOPTING REPORT AND RECOMMENDATIONS- The Court has reviewed the Report and Recommendations of Magistrate Judge Michael R. Merz (ECF No. 929), to whom this case was referred pursuant to 28 U.S.C. § 636(b), and noting that no objections have been filed thereto and that the time for filing such objections under Fed. R. Civ. P. 72(b) has expired, hereby ADOPTS said Report and Recommendations. Accordingly, it is hereby ORDERED that Defendant's Motion for an Extension of Time to File Notice of Appeal (ECF No. 927)be, and it hereby is, DENIED. Signed by Judge Walter H. Rice on 10/5/16. (kma)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)