REPORT AND RECOMMENDATION C.J. WILLIAMS , Chief Magistrate Judge . On December 27, 2017, the above-named defendant Jose Luis Nava, by consent (Doc. 10), 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 (Doc. 2). After cautioning and examining defendant under oath concerning each of the subjects mentioned in Rule 11, the Court determined that the guilty plea was...
REPORT AND RECOMMENDATION C.J. WILLIAMS , Chief Magistrate Judge . On December 27, 2017, the above-named defendant Juan Rangel, by consent (Doc. 18), appeared before the undersigned United States Magistrate Judge pursuant to Federal Rule of Criminal Procedure 11, and entered a plea of guilty to Counts Two and Four of the Indictment (Doc. 2). After cautioning and examining defendant under oath concerning each of the subjects mentioned in Rule 11, the Court determined that the guilty pleas...
REPORT AND RECOMMENDATION C.J. WILLIAMS , Chief Magistrate Judge . On December 27, 2017, the above-named defendant Traeves Dashonn Bowers, by consent (Doc. 18), appeared before the undersigned United States Magistrate Judge pursuant to Federal Rule of Criminal Procedure 11, and entered a plea of guilty to Count Two of the Indictment (Doc. 2). After cautioning and examining defendant under oath concerning each of the subjects mentioned in Rule 11, the Court determined that the guilty plea...
REPORT AND RECOMMENDATION KELLY K.E. MAHONEY , Magistrate Judge . This matter is before the court on Defendant Dustin Herbst's motion to suppress evidence (Doc. 28), which the Government resists (Doc. 35). I conducted a hearing on the motion on December 7, 2017. Doc. 42. The Government presented the testimony of Detective Dylan Grimsley, Office Julian Loera, Officer Jacob Noltze, and expert witness Michael Morgan. Herbst presented the testimony of expert witness Jim Pauley. The following...
REPORT AND RECOMMENDATION C.J. WILLIAMS , Chief Magistrate Judge . On December 20, 2017, the above-named defendant Jeffrey Simmermaker, by consent (Doc. 10), 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 (Doc. 2). After cautioning and examining defendant under oath concerning each of the subjects mentioned in Rule 11, the Court determined that the guilty plea was...
REPORT AND RECOMMENDATION C.J. WILLIAMS , Chief Magistrate Judge . On December 15, 2017, the above-named defendant Samuel Lamar Landfair, by consent (Doc. 20), appeared before the undersigned United States Magistrate Judge pursuant to Federal Rule of Criminal Procedure 11, and entered a plea of guilty to Counts one through six of the Indictment (Doc. 2). After cautioning and examining defendant under oath concerning each of the subjects mentioned in Rule 11, the Court determined that the...
REPORT AND RECOMMENDATION CONCERNING PLEA OF GUILTY KELLY K.E. MAHONEY , Magistrate Judge . On December 7, 2017, the above-named Defendant, Jayme L. Harrington, by consent (Doc. 18), appeared before the undersigned United States Magistrate Judge pursuant to Federal Rule of Criminal Procedure 11, and entered a plea of guilty to Count 1 of the Indictment (Doc. 2). After cautioning and examining the Defendant under oath concerning each of the subjects mentioned in Rule 11, the court...
REPORT AND RECOMMENDATION KELLY K.E. MAHONEY , Magistrate Judge . This appeal involves a dispute between Plaintiff St. Anthony Regional Hospital (the Hospital) and Defendant Secretary of the Department of Health and Human Services (the Secretary) regarding the proper method of calculating the volume decrease adjustment (VDA) payment owed to the Hospital through the Medicare program. The Hospital argues that the Secretary's methodology resulted in it not being fully compensated for its...
ORDER LINDA R. READE , District Judge . The matter before the court is Defendant David Tachay Heard's "Motion to Strike `Nicknames' from Indictment" ("Motion") (docket no. 48), which Defendant filed on December 6, 2017. On December 13, 2017, the government filed a Resistance (docket no. 54). On November 15, 2017, a four-count Superseding Indictment (docket no. 27) was filed against Defendant. The Superseding Indictment charges Defendant in his true name and also includes the aliases of "...
ORDER REGARDING MAGISTRATE'S REPORT AND RECOMMENDATION CONCERNING DEFENDANT'S GUILTY PLEA LINDA R. READE , District Judge . I. INTRODUCTION AND BACKGROUND On July 10, 2017, a five-count Indictment was filed against Defendant Naiqondis Maurice Spates. On December 8, 2017, Defendant appeared before United States Chief Magistrate Judge C.J. Williams and entered a plea of guilty to Counts 1 and 11 of the Indictment. On December 11, 2017, Judge Williams filed a Report and Recommendation in...
ORDER LINDA R. READE , District Judge . I. INTRODUCTION This matter comes before the court for construction of the disputed claims of the two patents-in-suit: (1) Animal Feed and Industrial Mixer Having Staggered Rotor Paddles and Method for Making and Using Same, U.S. Patent No. 7,566,166 (filed June 26, 2006) (the "'166 Patent") (docket no. 26-1); and (2) Animal Feed and Industrial Mixer Having Staggered Rotor Paddles, U.S. Patent No. 8,177,419 (filed July 1, 2009) (the "'419 Patent") (...
ORDER REGARDING MAGISTRATE'S REPORT AND RECOMMENDATION CONCERNING DEFENDANT'S GUILTY PLEA LINDA R. READE , District Judge . I. INTRODUCTION AND BACKGROUND On August 24, 2017, a three-count Indictment was filed against Defendant Buddy Xeko. On December 7, 2017, Defendant appeared before United States Chief Magistrate Judge C.J. Williams and entered a plea of guilty to Counts 1, 5 and 6 of the Indictment. On December 8, 2017, Judge Williams filed a Report and Recommendation in which he...
REPORT AND RECOMMENDATION C.J. WILLIAMS , Chief Magistrate Judge . On December 7, 2017, the above-named defendant Buddy Xeko, by consent (Doc. 74, 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, Five, and Six of the Indictment (Doc. 4). After cautioning and examining defendant under oath concerning each of the subjects mentioned in Rule 11, the Court determined that the guilty pleas...
ORDER CONFIRMING THE REPORT OF SALE AND APPROVING THE UNITED STATES MARSHAL'S SALE, THE CERTIFICATE OF PURCHASE AND THE ISSUANCE OF A MARSHAL'S DEED LINDA R. READE , District Judge . Upon motion of plaintiff, United States of America, for an Order: (1) confirming the report of the United States Marshal on the sale of the foreclosed property pursuant to the Decree of Foreclosure; (2) approving the sale; (3) confirming the Marshal's Certificate of Purchase issued to Russell Ubben, the...
ORDER ACCEPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION REGARDING DEFENDANT'S GUILTY PLEA LEONARD T. STRAND , Chief District Judge . I. BACKGROUND On November 15, 2017, a one-count indictment was filed against defendant. On December 7, 2017, defendant appeared before the Honorable C.J. Williams, Chief United States Magistrate Judge, and entered a plea of guilty to Count 1 of the indictment. On December 8, 2017, Judge Williams filed a Report and Recommendation (R&R) in which he...
REPORT AND RECOMMENDATION C.J. WILLIAMS , Chief Magistrate Judge . On December 7, 2017, the above-named defendant Rahkeem Threex Lewis-Williams, a/k/a Rahkeem Williams, by consent (Doc. 10), 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 (Doc. 2). After cautioning and examining defendant under oath concerning each of the subjects mentioned in Rule 11, the Court...
ORDER REGARDING MAGISTRATE'S REPORT AND RECOMMENDATION CONCERNING DEFENDANT'S GUILTY PLEA LINDA R. READE , District Judge . I. INTRODUCTION AND BACKGROUND On October 18, 2017, a one-count Indictment was filed against Defendant Jason Michael Nauman. On December 5, 2017, Defendant appeared before United States Chief Magistrate Judge C.J. Williams and entered a plea of guilty to Count 1 of the Indictment. On December 6, 2017, Judge Williams filed a Report and Recommendation in which he...
REPORT AND RECOMMENDATION C.J. WILLIAMS , Chief Magistrate Judge . On December 5, 2017, the above-named defendant Jason Michael Nauman, by consent (Doc. 17), 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 (Doc. 2). After cautioning and examining defendant under oath concerning each of the subjects mentioned in Rule 11, the Court determined that the guilty plea was...
ORDER REGARDING MAGISTRATE'S REPORT AND RECOMMENDATION CONCERNING DEFENDANT'S GUILTY PLEA LINDA R. READE , District Judge . I. INTRODUCTION AND BACKGROUND On September 27, 2017, a one-count Indictment was filed against Defendant Benjamin Michael McCauley. On December 5, 2017, Defendant appeared before United States Chief Magistrate Judge C.J. Williams and entered a plea of guilty to Count 1 of the Indictment. On December 6, 2017, Judge Williams filed a Report and Recommendation in which...
REPORT AND RECOMMENDATION C.J. WILLIAMS , Chief Magistrate Judge . On December 5, 2017, the above-named defendant Benjamin Michael McCauley, by consent (Doc. 20), 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 (Doc. 2). After cautioning and examining defendant under oath concerning each of the subjects mentioned in Rule 11, the Court determined that the guilty plea...
