ORDER SUSAN M. BAZIS , Magistrate Judge . The court has been presented a Financial Affidavit (CJA Form 23) signed by the above-named defendant in support of a request for appointed counsel. After a review of the Financial Affidavit, I find that the above-named defendant is eligible for appointment of counsel pursuant to the Criminal Justice Act, 18 U.S.C. 3006A, and Amended Criminal Justice Act Plan for the District of Nebraska. IT IS ORDERED: The Federal Public Defender for the...
FINDINGS AND RECOMMENDATION MICHAEL D. NELSON , Magistrate Judge . This matter is before the Court on the Motion to Suppress and Request for Evidentiary Hearing and Oral Argument (Filing No. 18) filed by Defendant, Mylon Mayfield. Defendant filed a brief in support of the motion (Filing No. 19) and the government filed a brief in opposition (Filing No. 21). The Court held an evidentiary hearing on the motion on October 23, 2019. Defendant was present with his attorney, Michael Hansen. The...
FINDINGS AND RECOMMENDATION SUSAN M. BAZIS , Magistrate Judge . This matter is before the Court on the Motion to Suppress filed by Defendant Christopher St. John ("St. John") (Filing No. 25) and the Motion to Suppress filed by Defendant Richard Naslund ("Naslund") (Filing No. 27). A joint evidentiary hearing was held regarding the motions on October 23, 2019. A transcript of the proceedings has been filed and this matter is now ripe for disposition. For the reasons explained below, the...
ORDER SUSAN M. BAZIS , Magistrate Judge . This matter is before the court on the government's unopposed Motion to Continue Trial [50]. Based on the reasons set forth in the motion, the court finds good cause has been shown and the motion should be granted. Accordingly, IT IS ORDERED that government's unopposed Motion to Continue Trial [50] is granted as follows: 1. The jury trial, as to both defendants, now set for January 7, 2020, is continued to February 11, 2020. 2. A party may...
ORDER SUSAN M. BAZIS , Magistrate Judge . This matter is before the court on Defendant's Unopposed Motion to Extend Deadline for Pretrial Motions [25]. For good cause shown, I find that the motion should be granted. Defendant will be given an approximate 14-day extension. Pretrial Motions shall be filed by January 21, 2020. IT IS ORDERED: 1. Defendant's Unopposed Motion to Extend Deadline for Pretrial Motions [25] is granted. Pretrial motions shall be filed on or before January 21, 2020....
ORDER MICHAEL D. NELSON , Magistrate Judge . The court has been presented a Financial Affidavit (CJA Form 23) signed by the above-named defendant in support of a request for appointed counsel. After a review of the Financial Affidavit, I find that the above-named defendant is eligible for appointment of counsel pursuant to the Criminal Justice Act, 18 U.S.C. 3006A, and Amended Criminal Justice Act Plan for the District of Nebraska. IT IS ORDERED: The Federal Public Defender for the...
AMENDED FINAL PROGRESSION ORDER SUSAN M. BAZIS , Magistrate Judge . THIS MATTER is before the Court on the parties' Joint Motion to Extend Deadlines. (Filing No. 48.) The motion is granted. Accordingly, IT IS ORDERED that the provisions of the Court's earlier final progression order remain in effect, and in addition to those provisions, the following shall apply: 1) The jury trial of this case is set to commence before John M. Gerrard, Chief United States District Judge, in the Special...
FINDINGS AND RECOMMENDATION MICHAEL D. NELSON , Magistrate Judge . This matter is before the Court on the Motion to Suppress Evidence and Request for Franks Hearing (Filing No. 24) filed by Defendant, Antonio Phillip. Defendant filed a brief (Filing No. 25) in support of the motion and the government filed a brief (Filing No. 31) in opposition. The Court held an evidentiary hearing on the motion on October 29, 2019. Defendant was present with his attorney, Joseph Howard. The government...
ORDER SUSAN M. BAZIS , Magistrate Judge . This matter is before the court on Defendant's Unopposed Motion to Enlarge Time to File Pretrial Motions [31]. For good cause shown, I find that the motion should be granted. Defendant will be given an approximate 45-day extension. Pretrial Motions shall be filed by February 13, 2020. IT IS ORDERED: 1. Defendant's Unopposed Motion to Enlarge Time to File Pretrial Motions [31] is granted. Pretrial motions shall be filed on or before February 13,...
ORDER TO APPEAR SUSAN M. BAZIS , Magistrate Judge . You are orqered to appear for your next court hearing on Tuesday, July 28, 2020 at 9:00 a.m. in Courtroom No. 7 at the Roman L. Hruska Federal Courthouse, 111 S. 18th Plaza, Omaha, Nebraska. Failing to appear in court as directed may result in a warrant being issued for your arrest. You may be subject to an additional charge of Failure to Appear or a finding of Contempt of Court. Each of these may be punishable by a term of imprisonment,...
FINDINGS OF FACT AND CONCLUSIONS OF LAW LAURIE SMITH CAMP , Senior District Judge . This matter is before the Court for Findings of Fact and Conclusions of Law pursuant to Federal Rule of Criminal Procedure 23(c), following a nonjury trial held on December 11, 2019. At trial, the United States was represented by Matt E. Lierman. The Defendant, Alex Kellum, was represented by Chinedu Igbokwe. SUPERSEDING INDICTMENT The Superseding Indictment charges Kellum with three counts of violating...
ORDER ON APPEARANCE FOR SUPERVISED RELEASE VIOLATION MICHAEL D. NELSON , Magistrate Judge . The defendant appeared before the Court on December 31, 2019 regarding Petition for Offender Under Supervision [182]. Karen M. Shanahan represented the defendant. Sean P. Lynch represented the government. The defendant was advised of the alleged violation(s) of supervised release, right to retain or appointment of counsel, and any right to a preliminary hearing in accordance with Federal Rule of...
ORDER MICHAEL D. NELSON , Magistrate Judge . The court has been presented a Financial Affidavit (CJA Form 23) signed by the above-named defendant in support of a request for appointed counsel. After a review of the Financial Affidavit, I find that the above-named defendant is eligible for appointment of counsel pursuant to the Criminal Justice Act, 18 U.S.C. 3006A, and Amended Criminal Justice Act Plan for the District of Nebraska. IT IS ORDERED: The Federal Public Defender for the...
ORDER JOHN M. GERRARD , Chief District Judge . The plaintiffs in this case have filed a motion for temporary restraining order and/or preliminary injunction (filing 2), seeking to prevent counsel for the defendants from disposing of settlement money in her possession. See filing 4. Briefly summarized, the argument supporting that motion is that if the settlement fund is dissipated in a way that renders it nontraceable, the plaintiffs' alleged equitable lien could be eliminated. See...
ORDER JOHN M. GERRARD , Chief District Judge . The government has moved to continue the sentencing hearings in this case. Filing 79. The Court agrees with the government that the defendants' sentencing memoranda (filing 76; filing 78) are, in effect, untimely objections to the presentence report. See filing 55; filing 59. Nonetheless, it is the government's burden to prove the amount of loss and restitution, by a preponderance of the evidence. See 18 U.S.C. 3664(e); United States v....
MEMORANDUM AND ORDER RICHARD G. KOPF , District Judge . Mr. Hawthorne has filed a motion for reduction of his sentence related to crack cocaine under the First Step Act. I assume, but do not decide, that he is eligible 1 for a reduction as to the crack sentence but, obviously, not the mandatory consecutive sentence for the gun charge. With a previous reduction in his sentence for the crack offense from 135 months to 120 months 2 , the defendant is now serving a 120-month sentence for...
MEMORANDUM AND ORDER RICHARD G. KOPF , Senior District Judge . Petitioner filed a Petition for Writ of Habeas Corpus (filing no. 1) and a Motion for Leave to Proceed in Forma Pauperis (filing no. 2). Habeas corpus cases attacking the legality of a person's confinement require the payment of a $5.00 filing fee. 28 U.S.C. 1914(a). However, after considering Petitioner's financial status as shown in the records of this court ( see inmate trust account information at filing no. 3), leave to...
MEMORANDUM AND ORDER RICHARD G. KOPF , Senior District Judge . This matter is before the court on Petitioner's Motion for Leave to Proceed in Forma Pauperis ("IFP"). (Filing No. 6.) Habeas corpus cases attacking the legality of a person's confinement require the payment of a $5.00 fee. 28 U.S.C. 1914(a). The court has reviewed the application to proceed IFP pursuant to 28 U.S.C. 1915(a)(1)-(2). Petitioner's trust account information shows that Petitioner's account contained an average...
MEMORANDUM AND ORDER CHERYL R. ZWART , Magistrate Judge . Defendants have moved to compel compliance the subpoenas dated October 28, 2019 that Defendants served upon the Nebraska Department of Labor ("NDOL") on November 7, 2019. (Filing No. 69). As to Leaf Supreme, LLC (Filing No. 69, at CM/ECF pp. 4-6), and as to Contractor Metals, LLC, (Filing No. 69, at CM/ECF pp. 7-9), the subpoenas demand production of any and all: 1) quarterly reports submitted as to all employees claimed for each...
JUDGMENT IN REM AND DECREE OF FORECLOSURE AND ORDER OF SALE JOSEPH F. BATAILLON , Senior District Judge . Now on this 27th day of December, 2019, this cause came on for determination upon the Amended Complaint filed herein by the Plaintiff, United States of America. The Plaintiff appears by and through its attorneys, Joseph P. Kelly, United States Attorney for the District of Nebraska, and Robert L. Homan, Assistant United States Attorney for said District. The Defendants David Joseph...
