FINDINGS AND RECOMMENDATION CONCERNING PLEA JEREMIAH C. LYNCH , Magistrate Judge . The Defendant, by consent, has appeared before me under Fed. R. Crim. P. 11 and has entered a plea of guilty to one count of illegal reentry in violation of 8 U.S.C. 1326(a), as set forth in the Information. After examining the Defendant under oath, I have made the following determinations: 1. That the Defendant is fully competent and capable of entering an informed and voluntary plea, 2. That the...
FINDINGS AND RECOMMENDATION CONCERNING PLEA JEREMIAH C. LYNCH , Magistrate Judge . The Defendant, by consent, has appeared before me under Fed. R. Crim. P. 11 and has entered a plea of guilty to one count of possession of a machine gun, in violation of 18 U.S.C. 922(0) as set forth in Count I of the Indictment. Defendant further agrees to the forfeiture allegation in the Indictment. In exchange for Defendant's plea, the United States has agreed to dismiss Counts II and III of the...
FINDINGS AND RECOMMENDATIONS OF U.S. MAGISTRATE JUDGE JEREMIAH C. LYNCH , Magistrate Judge . Plaintiff Scott filed this action on May 22, 2018. The controlling pleading is Scott's amended complaint, filed on September 28, 2018 (Doc. 53). It names the defendants identified in the caption above. Scott alleges excessive force, unlawful search and arrest, and state-law claims including defamation and infliction of emotional distress. These claims arise from an encounter between Scott and...
MEMORANDUM AND ORDER SAM E. HADDON , District Judge . Before the Court are: (1) Defendants' Motion for Summary Judgment, 1 and (2) Plaintiffs Motion for Partial Summary Judgment. 2 A hearing on both was conducted on December 18, 2018. BACKGROUND Plaintiff asserts claims 3 against: (1) Montana State University ("MSU"), a publicly incorporated university; (2) Robert Mokwa ("Mokwa"), Executive Vice President and Provost of MSU; and (3) Jyl Shaffer ("Shaffer"), Director and Title IX...
ORDER Bankruptcy Case No. 09-60452-7 Bankruptcy Case Adv. No. 10-00088 SAM E. HADDON , District Judge . Having reviewed the parties Stipulation To Dismiss with Prejudice and good cause appearing, IT IS HEREBY ORDERED that the above-referenced matter is dismissed with prejudice, each party to bear its own attorneys' fees and costs.
ORDER SUSAN P. WATTERS , District Judge . Having reviewed the parties' Joint Motion for Voluntary Dismissal, it is hereby ORDERED that Plaintiffs' Amended Complaint (ECF No. 18) is dismissed with prejudice and judgment is entered. The Court will retain jurisdiction over any claims for attorney's fees and costs arising under the Equal Access to Justice Act ("EAJA"), 28 U.S.C. 2412.
ORDER DANA L. CHRISTENSEN , Chief District Judge . On September 28th, 2018 United States Magistrate Judge Jeremiah C. Lynch entered his Order and Findings and Recommendations (Doc. 52) recommending that the Court deny Plaintiff Anthony Scott's ("Scott) Motion for Summary Judgment on his excessive force claims against Defendants Hallam, Foster, Firebaugh, and Tuss (Doc. 45) and granting Defendants' Cross Motion for Summary Judgment (Doc. 25). No party objects, and so the Court will review...
ORDER SETTING SENTENCING SUSAN P. WATTERS , District Judge . Defendant entered his plea of guilty before U.S. Magistrate Judge Timothy J. Cavan in open court on December 6, 2018. United States Magistrate Judge Timothy J. Cavan entered Findings and Recommendation in this matter on December 6, 2018 (Doc. 37). No objections having been filed within fourteen days thereof, IT IS HEREBY ORDERED that Judge Cavan's Findings and Recommendations (Doc. 37) are ADOPTED IN FULL; Therefore, IT IS...
ORDER SUSAN P. WATTERS , District Judge . Upon the Defendant's Motion to Vacate the Presentence Report and Sentencing Memoranda deadlines (Doc. 78) and for good cause shown, IT IS HEREBY ORDERED that the sentencing hearing set for January 24, 2019, at 10:30 a.m. in this matter is VACATED. IT IS ALSO ORDERED that the current deadlines related to the preparation of the Presentence Report, and the parties' sentencing memoranda are hereby VACATED. IT IS FURTHER ORDERED that the sentencing...
ORDER NUNC PRO TUNC GRANTING MOTION FOR DIRECT DISBURSAL OF RESTITUTION FUNDS TO UNSECURED CREDITORS OF BANKRUPTCY ESTATE SUSAN P. WATTERS , District Judge . This matter comes before the Court on the United States' Motion for Direct Disbursal of Restitution Funds to Unsecured Creditors of the Bankruptcy Estate. Good cause appearing in support thereof, IT IS ORDERED that the United States' motion is GRANTED. The Bankruptcy Trustee is ordered to return the $35,000 paid in restitution to the...
ORDER DENYING 2255 MOTION AND DENYING CERTIFICATE OF APPEALABILITY SUSAN P. WATTERS , District Judge . This case comes before the Court on Defendant/Movant Sean Gilmore's motion to vacate, set aside, or correct his sentence, pursuant to 28 U.S.C. 2255. Gilmore is a federal prisoner proceeding pro se. In reviewing the motion, the Court has consulted the recording of Gilmore's change of plea hearing. Pursuant to 28 U.S.C. 753(f), the United States will be required to order the...
ORDER SETTING SENTENCING SUSAN P. WATTERS , District Judge . Defendant entered his plea of guilty before U.S. Magistrate Judge Timothy J. Cavan in open court on December 6, 2018. United States Magistrate Judge Timothy J. Cavan entered Findings and Recommendation in this matter on December 6, 2018 (Doc. 23). No objections having been filed within fourteen days thereof, IT IS HEREBY ORDERED that Judge Cavan's Findings and Recommendations (Doc. 23) are ADOPTED IN FULL; Therefore, IT IS...
FINDINGS AND RECOMMENDATION CONCERNING PLEA JEREMIAH C. LYNCH , Magistrate Judge . The Defendant, by consent, has appeared before me under Fed. R. Crim. P. 11 and has entered a plea of guilty to one count of prohibited person in possession of a firearm violation of 18 U.S.C. 922(g)(8) as set forth in the Indictment. Defendant further agrees to the forfeiture allegation in the Indictment. After examining the Defendant under oath, I have made the following determinations: 1. That the...
FINDINGS & RECOMMENDATION CONCERNING PLEA JEREMIAH C. LYNCH , District Judge . The Defendant, by consent, has appeared before me under Fed. R. Crim. P. 11 and has entered a plea of guilty to one count of the theft of government money in violation of 18 U.S.C. 641 (Count I), and one count of social security disability insurance fraud in violation of 42 U.S.C. 408(a)(4) (Count II) as set forth in the Superseding Information. In exchange for Defendant's pleas, the United States has agreed...
FINDINGS AND RECOMMENDATION CONCERNING PLEA JEREMIAH C. LYNCH , Magistrate Judge . The Defendant, by consent, has appeared before me under Fed. R. Crim. P. 11 and has entered a plea of guilty to one count of the possession of a stolen firearm in violation of 18 U.S.C. 9220) as set forth in Count II of the Indictment. Defendant further agrees to the forfeiture allegation in the Indictment. In exchange for Defendant's plea, the United States has agreed to dismiss Count I of the...
FINDINGS AND RECOMMENDATION CONCERNING PLEA JEREMIAH C. LYNCH , Magistrate Judge . The Defendant, by consent, has appeared before the undersigned pursuant to Fed. R. Crim. P. 11 and has entered a plea of guilty to the charge of being a felon in possession of a firearm in violation of 18 U.S.C. 922(g)(1) as set forth in the Indictment. Defendant also admits to the forfeiture allegation. After examining the Defendant under oath, I have made the following determinations: 1. That the...
FINDINGS AND RECOMMENDATION OF U.S. MAGISTRATE JUDGE TIMOTHY J. CAVAN , Magistrate Judge . The Defendant, by consent, appeared before me under Fed. R. Crim. P. 11 and entered a plea of guilty to Counts I through IV of the Indictment, which charges the crimes of possession of firearm not registered in National Firearms Registration and Transfer Record, in violation of 26 U.S.C. 5861(d) (counts I and II), and possession of a firearm not identified by serial number, in violation of 26 U.S.C....
FINDINGS AND RECOMMENDATION OF U.S. MAGISTRATE JUDGE TIMOTHY J. CAVAN , Magistrate Judge . The Defendant, by consent, appeared before me under Fed. R. Crim. P. 11 and entered a plea of guilty to Counts I, II, III, and IV of the Superseding Information in CR 18-85-BLG-DLC, which charges the crimes of wire fraud (Counts I, II, and III), in violation of 18 U.S.C. 1343, and conspiracy to commit money laundering (Count IV), in violation of 18 U.S.C. 1956(h). The Defendant also entered a plea...
FINDINGS AND RECOMMENDATION OF U.S. MAGISTRATE JUDGE TIMOTHY J. CAVAN , Magistrate Judge . The Defendant, by consent, appeared before me under Fed. R. Crim. P. 11 and entered a plea of guilty to Counts I, II, and III of the Indictment, which charges the crimes of conspiracy to possess with intent to distribute methamphetamine, in violation of 21 U.S.C. 846, possession with intent to distribute methamphetamine, in violation of 21 U.S.C. 841(a)(1) and 18 U.S.C. 2, and possession of a...
FINDINGS AND RECOMMENDATION OF U.S. MAGISTRATE JUDGE TIMOTHY J. CAVAN , Magistrate Judge . The Defendant, by consent, appeared before me under Fed. R. Crim. P. 11 and entered a plea of guilty to Count III of the Indictment, which charges the crime of possession of methamphetamine with intent to distribute, in violation of 21 U.S.C. 841(a)(1). After examining the Defendant under oath, the Court determined: 1. That the Defendant is fully competent and capable of entering an informed and...
