ORDER REGARDING MAGISTRATE'S REPORT AND RECOMMENDATION CONCERNING DEFENDANT'S GUILTY PLEA LINDA R. READE, Chief District Judge. I. INTRODUCTION AND BACKGROUND On October 30, 2014, a one-count Indictment was filed against the defendant Dontavious Reginald Barbee. On December 16, 2014, the defendant appeared before United States Chief Magistrate Judge Jon S. Scoles and entered a plea of guilty to Count 1 of the Indictment. On December 16, 2014, Judge Scoles filed a Report and Recommendation...
ORDER MARK W. BENNETT, District Judge. This matter comes before the court on its own motion under 18 U.S.C. 3582(c)(2). 1 The United States Sentencing Commission recently revised the United States Sentencing Guidelines ("USSG") applicable to drug trafficking offenses by changing how the base offense levels in the drug quantity tables incorporate the statutory mandatory minimum penalties for such offenses. Specifically, Amendment 782 (subject to subsection (e)(1)) generally reduces by two...
ORDER REGARDING MAGISTRATE'S REPORT AND RECOMMENDATION CONCERNING DEFENDANT'S GUILTY PLEA LINDA R. READE, District Judge. I. INTRODUCTION AND BACKGROUND On November 20, 2014, a one-count Indictment was filed against the defendant Christopher Pate. On December 15, 2014, the defendant appeared before United States Chief Magistrate Judge Jon S. Scoles and entered a plea of guilty to Count 1 of the Indictment. On December 15, 2014, Judge Scoles filed a Report and Recommendation in which he...
ORDER REGARDING MOTION FOR SENTENCE REDUCTION PURSUANT TO 18 U.S.C. 3582(c)(2) LINDA R. READE, District Judge. This matter comes before the court on the defendant's motion to reduce sentence (docket no. 237). The defendant filed such motion on November 18, 2014. 1 The United States Sentencing Commission recently revised the United States Sentencing Guidelines ("USSG") applicable to drug trafficking offenses by changing how the base offense levels in the drug quantity tables incorporate...
ORDER REGARDING MOTION FOR SENTENCE REDUCTION PURSUANT TO 18 U.S.C. 3582(c)(2) LINDA R. READE, District Judge. This matter comes before the court on its own motion under 18 U.S.C. 3582(c)(2). 1 The United States Sentencing Commission recently revised the United States Sentencing Guidelines ("USSG") applicable to drug trafficking offenses by changing how the base offense levels in the drug quantity tables incorporate the statutory mandatory minimum penalties for such offenses....
ORDER MARK W. BENNETT, District Judge. This matter comes before the court on its own motion under 18 U.S.C. 3582(c)(2). 1 The United States Sentencing Commission recently revised the United States Sentencing Guidelines ("USSG") applicable to drug trafficking offenses by changing how the base offense levels in the drug quantity tables incorporate the statutory mandatory minimum penalties for such offenses. Specifically, Amendment 782 (subject to subsection (e)(1)) generally reduces by two...
ORDER MARK W. BENNETT, District Judge. This matter comes before the court on its own motion under 18 U.S.C. 3582(c)(2). 1 The United States Sentencing Commission recently revised the United States Sentencing Guidelines ("USSG") applicable to drug trafficking offenses by changing how the base offense levels in the drug quantity tables incorporate the statutory mandatory minimum penalties for such offenses. Specifically, Amendment 782 (subject to subsection (e)(1)) generally reduces by two...
ORDER REGARDING MOTION FOR SENTENCE REDUCTION PURSUANT TO 18 U.S.C. 3582(c)(2) LINDA R. READE, Chief District Judge. This matter comes before the court on its own motion under 18 U.S.C. 3582(c)(2). 1 The United States Sentencing Commission recently revised the United States Sentencing Guidelines ("USSG") applicable to drug trafficking offenses by changing how the base offense levels in the drug quantity tables incorporate the statutory mandatory minimum penalties for such offenses....
ORDER REGARDING MAGISTRATE'S REPORT AND RECOMMENDATION CONCERNING DEFENDANT'S GUILTY PLEA LINDA R. READE, Chief District Judge. I. INTRODUCTION AND BACKGROUND On October 30, 2014, a one-count Indictment was filed against the defendant Demarcus Darnell Sanders. On December 11, 2014, the defendant appeared before United States Chief Magistrate Judge Jon S. Scoles and entered a plea of guilty to Count 1 of the Indictment. On December 11, 2014, Judge Scoles filed a Report and Recommendation in...
ORDER LEONARD T. STRAND, Magistrate Judge. I. INTRODUCTION This case is before me on a motion (Doc. No. 28) by plaintiff Brandonlyn Nunley for leave to file amended complaint. The proposed amended complaint (Doc. No. 28-2) is attached to the motion. Defendants Nicholas Erdmann (Erdmann) and the Iowa State Patrol have filed a resistance (Doc. No. 29). Nunley did not file a reply. The motion is fully submitted and ready for decision. II. RELEVANT BACKGROUND On April 24, 2014, Nunley filed...
ORDER REGARDING MAGISTRATE'S REPORT AND RECOMMENDATION CONCERNING DEFENDANT'S GUILTY PLEA LINDA R. READE, Chief District Judge. I. INTRODUCTION AND BACKGROUND On October 16, 2014, a one-count Indictment was filed against the defendant Sixto Gil-Pavia. On December 8, 2014, the defendant appeared before United States Chief Magistrate Judge Jon S. Scoles and entered a plea of guilty to Count 1 of the Indictment. On December 8, 2014, Judge Scoles filed a Report and Recommendation in which he...
MEMORANDUM OPINION AND ORDER REGARDING REPORT AND RECOMMENDATION ON DEFENDANTS' MOTION TO DISMISS MARK W. BENNETT, District Judge. In this case, plaintiff Brandonlyn Nunley, individually and as parent of TJN, a minor, brought this lawsuit pro se against Officer Nicholas Erdmann, the Iowa State Patrol, 1 and John and Jane Does 1-10. In her original Complaint (docket no. 4), Nunley asserted numerous claims under 42 U.S.C. 1983 and state tort law arising from escalation of an incident on...
ORDER CONCERNING MAGISTRATE'S REPORT AND RECOMMENDATION REGARDING DEFENDANT'S GUILTY PLEA MARK W. BENNETT, District Judge. I. INTRODUCTION AND BACKGROUND In an Indictment returned on August 28, 2014, defendant Aurelio Abrica-Sanchez is charged with being a previously deported alien who was found in the United States without the express consent of the Attorney General or his successor, the Secretary for Homeland Security, following his conviction of a felony, in violation of 8 U.S.C. 1326(...
REPORT AND RECOMMENDATION CONCERNING PLEA OF GUILTY LEONARD T. STRAND, Magistrate Judge. On December 23, 2014 he above-named defendant, by consent, appeared before the undersigned United States Magistrate Judge pursuant to Federal Rule of Criminal Procedure 11, and entered a plea of guilty to Count One of the Indictment. After cautioning and examining the defendant under oath concerning each of the subjects mentioned in Rule 11, the court determined that the guilty plea was knowledgeable and...
ORDER ON PLAINTIFF'S MOTION TO APPEAL IN FORMA PAUPERIS AND PLAINTIFF'S APPEAL OF BILL OF COSTS MARK W. BENNETT, District Judge. This case is before me on the plaintiff's November 20, 2014, Motion To Appeal In Forma Pauperis (docket no. 50). 1 This court has jurisdiction over the Motion To Appeal In Forma Pauperis, in the first instance, pursuant to Rule 24(a) of the Federal Rules of Appellate Procedure. The plaintiff has not previously been granted in forma pauperis status in this case,...
MEMORANDUM OPINION AND ORDER REGARDING DEFENDANTS' MOTIONS FOR JUDGMENT OF ACQUITTAL AND NEW TRIAL MARK W. BENNETT, District Judge. I. INTRODUCTION AND BACKGROUND In resolving defendants Jamal Dean and Levon Dean, Jr.'s motions for judgment of acquittal, I must "view the evidence in the light most favorable to the guilty verdict, giving the [prosecution] the benefit of all reasonable inferences that may be drawn from the evidence." United States v. Basile, 109 F.3d 1304 , 1310 (8th Cir....
ORDER REGARDING MAGISTRATE'S REPORT AND RECOMMENDATION CONCERNING PETITION FOR WRIT OF HABEAS CORPUS MARK W. BENNETT, District Judge. I. INTRODUCTION AND BACKGROUND Petitioner David J. Halstead's Petition Under 28 U.S.C. 2254 For Writ Of Habeas Corpus By A Person In State Custody is before me pursuant to a Report and Recommendation of United States Magistrate Judge Leonard T. Strand recommending that respondent James McKinney's Motion to Dismiss be granted and the petition be dismissed...
ORDER REGARDING MAGISTRATE'S REPORT AND RECOMMENDATION CONCERNING DEFENDANT'S GUILTY PLEA LINDA R. READE, Chief District Judge. I. INTRODUCTION AND BACKGROUND On December 10, 2014, a three-count Information was filed against the defendant, James Spaulding. On December 18, 2014, the defendant appeared before United States Chief Magistrate Judge Jon S. Scoles and entered pleas of guilty to Counts 1, 2 and 3 of the Information. On December 18, 2014, Judge Scoles filed a Report and...
MEMORANDUM OPINION AND ORDER REGARDING THE DEFENDANT CITY'S MOTION FOR SUMMARY JUDGMENT AND MOTION TO EXCLUDE TESTIMONY BY PLAINTIFF'S EXPERTS, BOTH JOINED BY THE INDIVIDUAL DEFENDANT MARK W. BENNETT , District Judge . TABLE OF CONTENTS I. INTRODUCTION 1027 A. Factual Background 1027 B. Procedural Background 1029 II. LEGAL ANALYSIS...
ORDER REGARDING DEPARTMENT OF LABOR (DOL) REPORT MARK W. BENNETT, District Judge. On October 22, 2014, Anthony Bartleson's (Bartleson) Presentence Investigation Report (PSIR) was amended to include a seventy-two page Department of Labor Report (DOL Report) (docket no. 29-1). 1 Bartleson filed two briefs with objections. One brief includes objections to factual assertions in the original PSIR (docket no. 17). The other brief incorporates Bartleson's previously filed objections and provides...
