USA v. Braunschweig et al
Criminal

District of Nebraska, ned-8:2004-cr-00194-31816

ORDER regarding 2nd AMENDED PETITION FOR OFFENDER UNDER SUPERVISION {{146}} as to defendant Matthew L. Hanson. The defendant shall appear personally for a final dispositional hearing before Senior U.S. District Judge Laurie Smith Camp in Courtroom No. 2, Roman L. Hruska U.S. Courthouse, 111 South 18th Plaza, Omaha, Nebraska, at 10:30 a.m. on August 29, 2019. Ordered by Magistrate Judge Michael D. Nelson.

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8:04-cr-00194-LSC-MDN Doc # 155 Filed: 08/05/19 Page 1 of 2 - Page ID # 462 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA UNITED STATES OF AMERICA, Plaintiff, 8:04CR194 vs. ORDER ON APPEARANCE FOR MATTHEW L. HANSON, SUPERVISED RELEASE VIOLATION Defendant. The defendant appeared before the Court on August 5, 2019 regarding Second Amended Petition for Offender Under Supervision [146]. David R. Stickman represented the defendant. Susan Lehr 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 Criminal Procedure 32.1(a)(3). The government made an oral motion to dismiss Petition for Offender Under Supervision [126], and Amended Petition for Offender Under Supervision [144]. The government's oral motion to dismiss Petition for Offender Under Supervision [126] and Amended Petition for Offender Under Supervision [144] is granted without objection. The defendant freely, knowingly, intelligently, and voluntarily waived the right to a preliminary hearing. Fed. R. Crim. P. 32.1(b)(1)(A). The Court finds probable cause as alleged in the petition to believe the defendant violated the terms of supervised release and the defendant should be held to answer for a final dispositional hearing. Fed. R. Crim. P. 32.1(b)(1)(C). The defendant shall appear personally for a final dispositional hearing before Senior U.S. District Judge Laurie Smith Camp in Courtroom No. 2, Roman L. Hruska U.S. Courthouse, 111 South 18th Plaza, Omaha, Nebraska, at 10:30 a.m. on August 29, 2019. The government moved for detention based upon risk of flight and danger. The defendant requested a detention hearing which was held. The defendant met his burden to establish by clear and convincing evidence that he will not flee or pose a danger to any other person or to the community. Fed. R. Crim. P. 32.1(a)(6). The government's motion for detention is denied, and the defendant shall be released on the current terms and conditions of supervision. 18 U.S.C. § 3143(a)(1). 8:04-cr-00194-LSC-MDN Doc # 155 Filed: 08/05/19 Page 2 of 2 - Page ID # 463 IT IS SO ORDERED. Dated this 5th day of August, 2019. BY THE COURT: s/ Michael D. Nelson United States Magistrate Judge 2