United States Government Publishing Office publisher pbl distributor dst United States United States District Court District of Nebraska author aut Government Organization text government publication eng USCOURTS Judicial Publications judicial 2022-12-13 Administrative Office of the United States Courts 2022-12-12 monographic deposited born digital JU 4.15 https://www.govinfo.gov/app/details/USCOURTS-ned-8_18-cr-00166 P0b002ee1b8bf08a2 DGPO 2022-12-13 2022-12-13 USCOURTS-ned-8_18-cr-00166 machine generated eng fdlp USCOURTS USCOURTS-ned-8_18-cr-00166 District ned 8th Nebraska 2300 8:18-cr-00166 8 Omaha criminal 8:18-cr-00166 https://www.govinfo.gov/app/details/USCOURTS-ned-8_18-cr-00166 JU 4.15 8:18-cr-00166;18-166 United States District Court District of Nebraska 8th Circuit 8 Omaha U.S. Courts author aut Francisco Leyva-Villapudua Leyva-Villapudua Francisco Defendant Irma Martinez-Ontiveros Martinez-Ontiveros Irma Defendant USA USA Plaintiff USCOURTS USCOURTS-ned-8_18-cr-00166 District ned 8th Nebraska 2300 8:18-cr-00166 8 Omaha criminal Nebraska ORDER APPOINTING COUNSEL as to defendant Francisco Leyva-Villapudua - The Federal Public Defender for the District of Nebraska is appointed to represent the defendant in this matter. Ordered by Magistrate Judge Susan M. Bazis. (MBM) 0 2018-07-13 D09002ee1b8bf8278 https://www.govinfo.gov/app/details/USCOURTS-ned-8_18-cr-00166/USCOURTS-ned-8_18-cr-00166-0 ned-8_18-cr-00166_0.pdf https://www.govinfo.gov/app/details/USCOURTS-ned-8_18-cr-00166/USCOURTS-ned-8_18-cr-00166-0 https://www.govinfo.gov/content/pkg/USCOURTS-ned-8_18-cr-00166/pdf/USCOURTS-ned-8_18-cr-00166-0.pdf USCOURTS 8:18-cr-00166; USA v. Leyva-Villapudua et al; United States District Court District of Nebraska Nebraska USCOURTS-ned-8_18-cr-00166-0 0 2018-07-13 ORDER APPOINTING COUNSEL as to defendant Francisco Leyva-Villapudua - The Federal Public Defender for the District of Nebraska is appointed to represent the defendant in this matter. Ordered by Magistrate Judge Susan M. Bazis. (MBM) ORDER of Detention pending trial as to defendant Francisco Leyva-Villapudua. Ordered by Magistrate Judge Susan M. Bazis. (MBM) 1 2018-07-13 D09002ee1b8bf824f https://www.govinfo.gov/app/details/USCOURTS-ned-8_18-cr-00166/USCOURTS-ned-8_18-cr-00166-1 ned-8_18-cr-00166_1.pdf https://www.govinfo.gov/app/details/USCOURTS-ned-8_18-cr-00166/USCOURTS-ned-8_18-cr-00166-1 https://www.govinfo.gov/content/pkg/USCOURTS-ned-8_18-cr-00166/pdf/USCOURTS-ned-8_18-cr-00166-1.pdf USCOURTS 8:18-cr-00166; USA v. Leyva-Villapudua et al; United States District Court District of Nebraska Nebraska USCOURTS-ned-8_18-cr-00166-1 1 2018-07-13 ORDER of Detention pending trial as to defendant Francisco Leyva-Villapudua. Ordered by Magistrate Judge Susan M. Bazis. (MBM) ORDER - This matter comes before the Court on the request of the Federal Public Defender for the Court to authorize Emily A. Weiss, as a Criminal Justice Act TrainingPanel Member, to assist in the defense of Francisco Leyva-Vallapudua.Accordingly, pursuant to the terms of Appendix I, Part 1(c) of the AmendedCriminal Justice Act Plan for the District of Nebraska, Emily A. Weiss is herebyassigned to assist Kelly M. Steenbock in the representation of the Defendant in theabove-captioned case, and must file an entry of appearance forthwith. Emily A. Weissshall not be eligible to receive compensation for her services in this case.AFPD Kelly M. Steenbock shall continue to be primary counsel on behalf of theDefendant, Francisco Leyva-Vallapudua. Ordered by Magistrate Judge Susan M. Bazis. (LAC) 2 2018-07-13 D09002ee1b8bf827a https://www.govinfo.gov/app/details/USCOURTS-ned-8_18-cr-00166/USCOURTS-ned-8_18-cr-00166-2 ned-8_18-cr-00166_2.pdf https://www.govinfo.gov/app/details/USCOURTS-ned-8_18-cr-00166/USCOURTS-ned-8_18-cr-00166-2 https://www.govinfo.gov/content/pkg/USCOURTS-ned-8_18-cr-00166/pdf/USCOURTS-ned-8_18-cr-00166-2.pdf USCOURTS 8:18-cr-00166; USA v. Leyva-Villapudua et al; United States District Court District of Nebraska Nebraska USCOURTS-ned-8_18-cr-00166-2 2 2018-07-13 ORDER - This matter comes before the Court on the request of the Federal Public Defender for the Court to authorize Emily A. Weiss, as a Criminal Justice Act TrainingPanel Member, to assist in the defense of Francisco Leyva-Vallapudua.Accordingly, pursuant to the terms of Appendix I, Part 1(c) of the AmendedCriminal Justice Act Plan for the District of Nebraska, Emily A. Weiss is herebyassigned to assist Kelly M. Steenbock in the representation of the Defendant in theabove-captioned case, and must file an entry of appearance forthwith. Emily A. Weissshall not be eligible to receive compensation for her services in this case.AFPD Kelly M. Steenbock shall continue to be primary counsel on behalf of theDefendant, Francisco Leyva-Vallapudua. Ordered by Magistrate Judge Susan M. Bazis. (LAC) ORDER granting 32 Motion for Extension of Time for Filing Pretrial Motions as to Irma Martinez-Ontiveros. Pretrial Motion Deadline set for 8/31/2018. The time between today's date, and August 31, 2018, shall be deemed excludable time in any computation of time under the requirement of the Speedy Trial Act. See 18 U.S.C. § 3161(h)(7)(A) & (B). Ordered by Magistrate Judge Michael D. Nelson. (SLP) 3 2018-08-01 D09002ee1b8bf8279 https://www.govinfo.gov/app/details/USCOURTS-ned-8_18-cr-00166/USCOURTS-ned-8_18-cr-00166-3 ned-8_18-cr-00166_3.pdf https://www.govinfo.gov/app/details/USCOURTS-ned-8_18-cr-00166/USCOURTS-ned-8_18-cr-00166-3 https://www.govinfo.gov/content/pkg/USCOURTS-ned-8_18-cr-00166/pdf/USCOURTS-ned-8_18-cr-00166-3.pdf USCOURTS 8:18-cr-00166; USA v. Leyva-Villapudua et al; United States District Court District of Nebraska Nebraska USCOURTS-ned-8_18-cr-00166-3 3 2018-08-01 ORDER granting 32 Motion for Extension of Time for Filing Pretrial Motions as to Irma Martinez-Ontiveros. Pretrial Motion Deadline set for 8/31/2018. The time between today's date, and August 31, 2018, shall be deemed excludable time in any computation of time under the requirement of the Speedy Trial Act. See 18 U.S.C. § 3161(h)(7)(A) & (B). Ordered by Magistrate Judge Michael D. Nelson. (SLP) ORDER APPOINTING COUNSEL - CJA Counsel is appointed to represent the defendant in this matter as to defendant Francisco Leyva-Villapudua. Ordered by Magistrate Judge Michael D. Nelson. (SLP) 4 2018-08-02 D09002ee1b8bf8275 https://www.govinfo.gov/app/details/USCOURTS-ned-8_18-cr-00166/USCOURTS-ned-8_18-cr-00166-4 ned-8_18-cr-00166_4.pdf https://www.govinfo.gov/app/details/USCOURTS-ned-8_18-cr-00166/USCOURTS-ned-8_18-cr-00166-4 https://www.govinfo.gov/content/pkg/USCOURTS-ned-8_18-cr-00166/pdf/USCOURTS-ned-8_18-cr-00166-4.pdf USCOURTS 8:18-cr-00166; USA v. Leyva-Villapudua et al; United States District Court District of Nebraska Nebraska USCOURTS-ned-8_18-cr-00166-4 4 2018-08-02 ORDER APPOINTING COUNSEL - CJA Counsel is appointed to represent the defendant in this matter as to defendant Francisco Leyva-Villapudua. Ordered by Magistrate Judge Michael D. Nelson. (SLP) ORDER granting Defendant Martinez-Ontivero's 43 Motion to Continue Trial as to Irma Martinez-Ontiveros (2). Jury Trial is continued, as to both defendants, to 2/12/2019 at 09:00 AM in Courtroom 2, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Judge Laurie Smith Camp.. In accordance with 18 U.S.C. § 3161(h )(7)(A), the court finds that the ends of justice will be served by granting this continuance and outweigh the interests of the public and the defendant in a speedy trial. Any additional time arising as a result of the granting of this motion, that is, the time between todays date and February 12, 2019, shall be deemed excludable time in any computation of time under the requirement of the Speedy Trial Act. Ordered by Magistrate Judge Michael D. Nelson. (MKR)ORDER granting Defendant Martinez-Ontivero's 43 Motion to Continue Trial as to Irma Martinez-Ontiveros (2). Jury Trial is continued, as to both defendants, to 2/12/2019 at 09:00 AM in Courtroom 2, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Judge Laurie Smith Camp.. In accordance with 18 U.S.C. § 3161(h )(7)(A), the court finds that the ends of justice will be served by granting this continuance and outweigh the interests of the public and the defendant in a speedy trial. Any additional time arising as a result of the granting of this motion, that is, the time between todays date and February 12, 2019, shall be deemed excludable time in any computation of time under the requirement of the Speedy Trial Act. Ordered by Magistrate Judge Michael D. Nelson. (MKR) 5 2018-11-29 D09002ee1b8bf8277 https://www.govinfo.gov/app/details/USCOURTS-ned-8_18-cr-00166/USCOURTS-ned-8_18-cr-00166-5 ned-8_18-cr-00166_5.pdf https://www.govinfo.gov/app/details/USCOURTS-ned-8_18-cr-00166/USCOURTS-ned-8_18-cr-00166-5 https://www.govinfo.gov/content/pkg/USCOURTS-ned-8_18-cr-00166/pdf/USCOURTS-ned-8_18-cr-00166-5.pdf USCOURTS 8:18-cr-00166; USA v. Leyva-Villapudua et al; United States District Court District of Nebraska Nebraska USCOURTS-ned-8_18-cr-00166-5 5 2018-11-29 ORDER granting Defendant Martinez-Ontivero's 43 Motion to Continue Trial as to Irma Martinez-Ontiveros (2). Jury Trial is continued, as to both defendants, to 2/12/2019 at 09:00 AM in Courtroom 2, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Judge Laurie Smith Camp.. In accordance with 18 U.S.C. § 3161(h )(7)(A), the court finds that the ends of justice will be served by granting this continuance and outweigh the interests of the public and the defendant in a speedy trial. Any additional time arising as a result of the granting of this motion, that is, the time between todays date and February 12, 2019, shall be deemed excludable time in any computation of time under the requirement of the Speedy Trial Act. Ordered by Magistrate Judge Michael D. Nelson. (MKR)ORDER granting Defendant Martinez-Ontivero's 43 Motion to Continue Trial as to Irma Martinez-Ontiveros (2). Jury Trial is continued, as to both defendants, to 2/12/2019 at 09:00 AM in Courtroom 2, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Judge Laurie Smith Camp.. In accordance with 18 U.S.C. § 3161(h )(7)(A), the court finds that the ends of justice will be served by granting this continuance and outweigh the interests of the public and the defendant in a speedy trial. Any additional time arising as a result of the granting of this motion, that is, the time between todays date and February 12, 2019, shall be deemed excludable time in any computation of time under the requirement of the Speedy Trial Act. Ordered by Magistrate Judge Michael D. Nelson. (MKR) ORDER FOR DISMISSAL that the Motion to Dismiss the Indictment (Filing No. 54) is granted as to defendant Irma Martinez-Ontiveros. Ordered by Senior Judge Laurie Smith Camp. (1 Certified copy to USM) (LAC) 6 2019-02-05 D09002ee1b8bf8273 https://www.govinfo.gov/app/details/USCOURTS-ned-8_18-cr-00166/USCOURTS-ned-8_18-cr-00166-6 ned-8_18-cr-00166_6.pdf https://www.govinfo.gov/app/details/USCOURTS-ned-8_18-cr-00166/USCOURTS-ned-8_18-cr-00166-6 https://www.govinfo.gov/content/pkg/USCOURTS-ned-8_18-cr-00166/pdf/USCOURTS-ned-8_18-cr-00166-6.pdf USCOURTS 8:18-cr-00166; USA v. Leyva-Villapudua et al; United States District Court District of Nebraska Nebraska USCOURTS-ned-8_18-cr-00166-6 6 2019-02-05 ORDER FOR DISMISSAL that the Motion to Dismiss the Indictment (Filing No. 54) is granted as to defendant Irma Martinez-Ontiveros. Ordered by Senior Judge Laurie Smith Camp. (1 Certified copy to USM) (LAC) MEMORANDUM AND ORDER that on or before September 27, 2019, the Government will respond to the Defendant's claims of ineffective assistance of counsel, specifically that the Defendant's counsel led him to believe his term of incarceration would be less than 70 months; led him to believe he would receive a two-level reduction in his base offense level pursuant to the safety valve; led him to believe he would receive a departure for substantial assistance pursuant to U.S.S.G. § 5K1.1; and failed to file an appeal on his behalf; The Government's response should include an affidavit from the Defendant's counsel, and/or a request for evidentiary hearing; and The Clerk will send a copy of this Memorandum and Order to the Defendant at his last known address as to defendant Francisco Leyva-Villapudua. Ordered by Senior Judge Laurie Smith Camp. (Copy mailed to pro se party)(LAC) 7 2019-09-05 D09002ee1b8bf8251 https://www.govinfo.gov/app/details/USCOURTS-ned-8_18-cr-00166/USCOURTS-ned-8_18-cr-00166-7 ned-8_18-cr-00166_7.pdf https://www.govinfo.gov/app/details/USCOURTS-ned-8_18-cr-00166/USCOURTS-ned-8_18-cr-00166-7 https://www.govinfo.gov/content/pkg/USCOURTS-ned-8_18-cr-00166/pdf/USCOURTS-ned-8_18-cr-00166-7.pdf USCOURTS 8:18-cr-00166; USA v. Leyva-Villapudua et al; United States District Court District of Nebraska Nebraska USCOURTS-ned-8_18-cr-00166-7 7 2019-09-05 MEMORANDUM AND ORDER that on or before September 27, 2019, the Government will respond to the Defendant's claims of ineffective assistance of counsel, specifically that the Defendant's counsel led him to believe his term of incarceration would be less than 70 months; led him to believe he would receive a two-level reduction in his base offense level pursuant to the safety valve; led him to believe he would receive a departure for substantial assistance pursuant to U.S.S.G. § 5K1.1; and failed to file an appeal on his behalf; The Government's response should include an affidavit from the Defendant's counsel, and/or a request for evidentiary hearing; and The Clerk will send a copy of this Memorandum and Order to the Defendant at his last known address as to defendant Francisco Leyva-Villapudua. Ordered by Senior Judge Laurie Smith Camp. (Copy mailed to pro se party)(LAC) ORDER that on or before November 1, 2019, the Defendant may reply to the Government's Response to Defendant's Motion under 28 U.S.C. § 2255, ECF No. 67, and the Government's Index of Evidence, ECF No. 68;If the Defendant disputes any factual assertions in the Affidavit of Deborah Cunningham, ECF No. [68-1], and requests an evidentiary hearing, the Defendant must state which specific facts remain in dispute; and The Clerk will send a copy of this Memorandum and Order to the Defendant at his last known address as to defendant Francisco Leyva-Villapudua. Ordered by Senior Judge Laurie Smith Camp. (Copy mailed to pro se party)(LAC) 8 2019-10-15 D09002ee1b8bf8274 https://www.govinfo.gov/app/details/USCOURTS-ned-8_18-cr-00166/USCOURTS-ned-8_18-cr-00166-8 ned-8_18-cr-00166_8.pdf https://www.govinfo.gov/app/details/USCOURTS-ned-8_18-cr-00166/USCOURTS-ned-8_18-cr-00166-8 https://www.govinfo.gov/content/pkg/USCOURTS-ned-8_18-cr-00166/pdf/USCOURTS-ned-8_18-cr-00166-8.pdf USCOURTS 8:18-cr-00166; USA v. Leyva-Villapudua et al; United States District Court District of Nebraska Nebraska USCOURTS-ned-8_18-cr-00166-8 8 2019-10-15 ORDER that on or before November 1, 2019, the Defendant may reply to the Government's Response to Defendant's Motion under 28 U.S.C. § 2255, ECF No. 67, and the Government's Index of Evidence, ECF No. 68;If the Defendant disputes any factual assertions in the Affidavit of Deborah Cunningham, ECF No. [68-1], and requests an evidentiary hearing, the Defendant must state which specific facts remain in dispute; and The Clerk will send a copy of this Memorandum and Order to the Defendant at his last known address as to defendant Francisco Leyva-Villapudua. Ordered by Senior Judge Laurie Smith Camp. (Copy mailed to pro se party)(LAC) MEMORANDUM AND ORDER that the Defendant's Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody, ECF No. 63, is denied. No certificate of appealability will be issued. A separate Judgment will be entered. The Clerk will send a copy of this Memorandum and Order to the Defendant at his last known address as to defendant Francisco Leyva-Villapudua. Ordered by Senior Judge Laurie Smith Camp. (Copy mailed to pro se party) (LAC) Civil Case 8:19-cv-00361-LSC closed. 9 2019-11-12 D09002ee1b8bf8276 https://www.govinfo.gov/app/details/USCOURTS-ned-8_18-cr-00166/USCOURTS-ned-8_18-cr-00166-9 ned-8_18-cr-00166_9.pdf https://www.govinfo.gov/app/details/USCOURTS-ned-8_18-cr-00166/USCOURTS-ned-8_18-cr-00166-9 https://www.govinfo.gov/content/pkg/USCOURTS-ned-8_18-cr-00166/pdf/USCOURTS-ned-8_18-cr-00166-9.pdf USCOURTS 8:18-cr-00166; USA v. Leyva-Villapudua et al; United States District Court District of Nebraska Nebraska USCOURTS-ned-8_18-cr-00166-9 9 2019-11-12 MEMORANDUM AND ORDER that the Defendant's Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody, ECF No. 63, is denied. No certificate of appealability will be issued. A separate Judgment will be entered. The Clerk will send a copy of this Memorandum and Order to the Defendant at his last known address as to defendant Francisco Leyva-Villapudua. Ordered by Senior Judge Laurie Smith Camp. (Copy mailed to pro se party) (LAC) Civil Case 8:19-cv-00361-LSC closed. JUDGMENT that the Defendant's Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody, ECF No. 63, is denied. No certificate of appealability will be issued. The Clerk will send a copy of this Judgment to the Defendant at his last known address as to defendant Francisco Leyva-Villapudua. Ordered by Senior Judge Laurie Smith Camp. (Copy mailed to pro se party) (LAC) 10 2019-11-12 D09002ee1b8bf8252 https://www.govinfo.gov/app/details/USCOURTS-ned-8_18-cr-00166/USCOURTS-ned-8_18-cr-00166-10 ned-8_18-cr-00166_10.pdf https://www.govinfo.gov/app/details/USCOURTS-ned-8_18-cr-00166/USCOURTS-ned-8_18-cr-00166-10 https://www.govinfo.gov/content/pkg/USCOURTS-ned-8_18-cr-00166/pdf/USCOURTS-ned-8_18-cr-00166-10.pdf USCOURTS 8:18-cr-00166; USA v. Leyva-Villapudua et al; United States District Court District of Nebraska Nebraska USCOURTS-ned-8_18-cr-00166-10 10 2019-11-12 JUDGMENT that the Defendant's Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody, ECF No. 63, is denied. No certificate of appealability will be issued. The Clerk will send a copy of this Judgment to the Defendant at his last known address as to defendant Francisco Leyva-Villapudua. Ordered by Senior Judge Laurie Smith Camp. (Copy mailed to pro se party) (LAC) ORDER ON MOTION UNDER 18 U.S.C. § 3582(C)(1)(A)(I) - IT IS ORDERED THAT Defendant's Motion Under 18 U.S.C. § 3582(c)(1)(A)(i), Filing 76, is denied as to Francisco Leyva-Villapudua. Ordered by Judge Brian C. Buescher. (TCL) 11 2022-12-12 D09002ee1b8bf8250 https://www.govinfo.gov/app/details/USCOURTS-ned-8_18-cr-00166/USCOURTS-ned-8_18-cr-00166-11 ned-8_18-cr-00166_11.pdf https://www.govinfo.gov/app/details/USCOURTS-ned-8_18-cr-00166/USCOURTS-ned-8_18-cr-00166-11 https://www.govinfo.gov/content/pkg/USCOURTS-ned-8_18-cr-00166/pdf/USCOURTS-ned-8_18-cr-00166-11.pdf USCOURTS 8:18-cr-00166; USA v. Leyva-Villapudua et al; United States District Court District of Nebraska Nebraska USCOURTS-ned-8_18-cr-00166-11 11 2022-12-12 ORDER ON MOTION UNDER 18 U.S.C. § 3582(C)(1)(A)(I) - IT IS ORDERED THAT Defendant's Motion Under 18 U.S.C. § 3582(c)(1)(A)(i), Filing 76, is denied as to Francisco Leyva-Villapudua. Ordered by Judge Brian C. Buescher. (TCL)