REPORT AND RECOMMENDATION CANDY WAGAHOFF DALE , Magistrate Judge . On December 7, 2016, Defendant Geovanni Vasquez-Ruiz appeared before the undersigned United States Magistrate Judge to enter a change of plea pursuant to a written plea agreement (Dkt. 15). The Defendant executed a waiver of the right to have the presiding United States District Judge take his change of plea. Thereafter, the Court explained to the Defendant the nature of the charges contained in the applicable Indictment (...
REPORT AND RECOMMENDATION CANDY WAGAHOFF DALE , Magistrate Judge . On November 30, 2016, Defendant David Herman Boock appeared before the undersigned United States Magistrate Judge for his initial appearance and arraignment on the Information (Dkt. 1) and to enter a plea pursuant to a written plea agreement. The Defendant executed a waiver of the right to prosecution by indictment and a waiver of the right to have the presiding United States District Judge take his plea. The Court...
REPORT AND RECOMMENDATION CANDY WAGAHOFF DALE , Magistrate Judge . On November 16, 2016, Defendant Miguel Angel Otaegui appeared before the undersigned United States Magistrate Judge to enter a change of plea pursuant to a written plea agreement (Dkt. 79). The Defendant executed a waiver of the right to have the presiding United States District Judge take his change of plea. Thereafter, the Court explained to the Defendant the nature of the charges contained in the applicable Indictment (...
REPORT AND RECOMMENDATION CANDY WAGAHOFF DALE , Magistrate Judge . On November 16, 2016, Defendant William Lavelle Walker appeared before the undersigned United States Magistrate Judge to enter a change of plea pursuant to a written plea agreement. The Defendant executed a waiver of the right to have the presiding United States District Judge take his change of plea. Thereafter, the Court explained to the Defendant the nature of the charges contained in the applicable Indictment (Dkt. 1),...
REPORT AND RECOMMENDATION CANDY WAGAHOFF DALE , Magistrate Judge . On November 16, 2016, Defendant JAMES DAVID JONES appeared before the undersigned United States Magistrate Judge to enter a change of plea pursuant to a written plea agreement (Dkt. 83). The Defendant executed a waiver of the right to have the presiding United States District Judge take his change of plea. Thereafter, the Court explained to the Defendant the nature of the charges contained in the applicable Indictment (Dkt....
REPORT AND RECOMMENDATION CANDY WAGAHOFF DALE , Magistrate Judge . On November 16, 2016, Defendant JOSE LUIS HERNANDEZ appeared before the undersigned United States Magistrate Judge to enter a plea pursuant to a written plea agreement (Dkt. 82). The Defendant executed a waiver of the right to have the presiding United States District Judge take his plea. Thereafter, the Court explained to the Defendant the nature of the charges contained in the applicable Information (Dkt. 88), the maximum...
FINAL ORDER OF FORFEITURE AS TO SANTA ROSA CREEK ROAD PROPERTY, TEMPLETON, CALIFORNIA B. LYNN WINMILL , Chief District Judge . WHEREAS, the Court entered a Preliminary Order of Forfeiture for Gregory Frank Sperow on June 26, 2009 (Docket No. 872); said Preliminary Order of Forfeiture was based upon the Amended Rule 11 Plea Agreement for Gregory Frank Sperow (Docket No. 666), ordering said defendant to forfeit properties as a result of federal drug and money laundering violations which he...
REPORT AND RECOMMENDATION RONALD E. BUSH , Magistrate Judge . On November 8, 2016, Defendant appeared before the undersigned United States Magistrate Judge to enter a change of plea pursuant to a written plea agreement. Defendant executed a written waiver of the right to have the presiding United States District Judge take her change of plea. Thereafter, the Court explained to Defendant the nature of the charges, the maximum penalties applicable, her constitutional rights, the effect of...
REPORT AND RECOMMENDATION CANDY WAGAHOFF DALE , Magistrate Judge . On October 25, 2016, Defendant BAMBI SUE TOMLIN appeared before the undersigned United States Magistrate Judge to enter a change of plea pursuant to a written plea agreement (Dkt. 29). The Defendant executed a waiver of the right to have the presiding United States District Judge take her change of plea. Thereafter, the Court explained to the Defendant the nature of the charges contained in the applicable Indictment (Dkt. 1)...
REPORT AND RECOMMENDATION CANDY WAGAHOFF DALE , Magistrate Judge . On October 25, 2016, Defendant DAVID VANCE TAYLOR appeared before the undersigned United States Magistrate Judge to enter a change of plea pursuant to a written plea agreement (Dkt. 28). The Defendant executed a waiver of the right to have the presiding United States District Judge take his change of plea. Thereafter, the Court explained to the Defendant the nature of the charges contained in the applicable Indictment (Dkt....
REPORT AND RECOMMENDATION RONALD E. BUSH , Magistrate Judge . On October 18, 2016, Defendant appeared before the undersigned United States Magistrate Judge to enter a change of plea pursuant to a written plea agreement. Defendant executed a written waiver of the right to have the presiding United States District Judge take her change of plea. Thereafter, the Court explained to Defendant the nature of the charges, the maximum penalties applicable, her constitutional rights, the effect of...
REPORT AND RECOMMENDATION RONALD E. BUSH , Magistrate Judge . On October 25, 2016, Defendant appeared before the undersigned United States Magistrate Judge to enter a change of plea pursuant to a written plea agreement. Defendant executed a written waiver of the right to have the presiding United States District Judge take his change of plea. Thereafter, the Court explained to Defendant the nature of the charges, the maximum penalties applicable, his constitutional rights, the effect of...
ORDER ADOPTING REPORT AND RECOMMENDATION B. LYNN WINMILL , Chief District Judge . Before the Court is a Report and Recommendation filed by the United States Magistrate Judge. (Dkt. 244). On November 15, 2016, Defendant Steven Wayne Jackson appeared before the Magistrate Judge to enter a change of plea pursuant to a written plea agreement. The Magistrate Judge conducted the plea hearing and concluded there is a factual basis for Defendant's admission to forfeiture and plea of guilty to the...
ORDER ADOPTING REPORT AND RECOMMENDATION B. LYNN WINMILL , Chief District Judge . Before the Court is a Report and Recommendation filed by the United States Magistrate Judge. (Dkt. 246). On November 16, 2016, Defendant Kristin Rene Wilson appeared before the Magistrate Judge to enter a change of plea pursuant to a written plea agreement. The Magistrate Judge conducted the plea hearing and concluded there is a factual basis for Defendant's admission to forfeiture and plea of guilty to the...
ORDER ADOPTING REPORT AND RECOMMENDATION B. LYNN WINMILL , Chief District Judge . Before the Court is a Report and Recommendation filed by the United States Magistrate Judge. (Dkt. 241). On November 15, 2016, Defendant Sean Lee Jackson appeared before the Magistrate Judge to enter a change of plea pursuant to a written plea agreement. The Magistrate Judge conducted the plea hearing and concluded there is a factual basis for Defendant's admission to forfeiture and plea of guilty to the...
ORDER ADOPTING REPORT AND RECOMMENDATION B. LYNN WINMILL , Chief District Judge . Before the Court is a Report and Recommendation filed by the United States Magistrate Judge. (Dkt. 239). On November 15, 2016, Defendant Jessica Nadine Frederick appeared before the Magistrate Judge to enter a change of plea pursuant to a written plea agreement. The Magistrate Judge conducted the plea hearing and concluded there is a factual basis for Defendant's admission to forfeiture and plea of guilty to...
MEMORANDUM DECISION AND ORDER CANDY W. DALE , Magistrate Judge . Pending before the Court is Petitioner Jonathon G. Plaster, Jr.'s Petition for Writ of Habeas Corpus. (Dkt. 1.) Respondent has filed a Motion for Summary Dismissal, arguing that all of Petitioner's claims are procedurally defaulted and/or noncognizable. (Dkt. 11.) The Motion is now ripe for adjudication. The Court takes judicial notice of the records from Petitioner's state court proceedings, which have been lodged by...
MEMORANDUM DECISION AND ORDER RE: DEFENDANT'S MOTION FOR SUMMARY JUDGMENT (DKT. 41) CANDY W. DALE , Magistrate Judge . INTRODUCTION Plaintiff C1 Design Group, LLC., ("C1 Design") failed to timely pay its federal excise tax returns from Q3 2011 through Q1 2013. The IRS assessed late penalties totaling $28,755.39. As required by law, C1 Design later paid the penalties and back taxes before bringing this action against the United States of America to obtain a refund of the penalties. Pending...
MEMORANDUM DECISION AND ORDER B. LYNN WINMILL , Chief District Judge . INTRODUCTION Before the Court is Defendant Joint Technical Services, LLC's ("JTS") Motion to Set Aside Clerk's Entry of Default. Dkt. 12. For the reasons explained below, the Court will grant the motion. BACKGROUND Plaintiff Constance Rafferty sued defendants on May 20, 2016. See Compl., Dkt. 1. She filed an amended complaint on August 15, 2016, and served defendant JTS with a copy of the amended complaint the next...
FINDINGS OF FACT AND CONCLUSIONS OF LAW B. LYNN WINMILL , Chief District Judge . INTRODUCTION The Court held a three-day bench trial in this case concluding on November 9, 2016. Thereafter, the parties submitted proposed Findings of Fact and Conclusions of Law that were received on November 21, 2016. The case is now at issue. For the reasons explained below, the Court finds that plaintiffs are entitled to a judgment in the sum of $1,327,478.16 against Idaho Potato Packers Corporation,...
