USA v. Deyle

District of Nebraska, ned-8:2005-cr-00208-34965

ORDER setting hearing on 4/18/2007 at 1:00 p.m., Courtroom 3 (Omaha),regarding {{44}} Rule 35 Motion; defense counsel reappointed; defendant waives presence at hearing as to Thomas C. Deyle (1). Ordered by Judge Joseph F. Bataillon.

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8:05-cr-00208-JFB-TDT Doc # 46 Filed: 04/02/07 Page 1 of 1 - Page ID # 103 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA UNITED STATES OF AMERICA,) 8:05CR208) Plaintiff,)) vs.) ORDER) THOMAS C. DEYLE,)) Defendant.) Before the court is the government's motion for Rule 35(b) hearing. Filing No. 44. Having considered the matter, IT IS ORDERED that: 1. A hearing on the government's Rule 35 motion is scheduled for hearing before the undersigned on April 18, 2007, at 1:00 p.m. in Courtroom No. 3, Roman L. Hruska U.S. Courthouse, 111 South 18th Plaza, Omaha, Nebraska. 2. Counsel for the defendant, if previously appointed pursuant to the Criminal Justice Act, is reappointed to represent the defendant for purposes of the Rule 35(b) motion. If retained, counsel for the defendant remains as counsel for the defendant until the Rule 35(b) motion is resolved or until given leave to withdraw. 3. At the request of the defendant through his counsel, and with the agreement of the government, the defendant will be absent from the hearing on the Rule 35 motion. 4. The Marshal will not return the defendant to the district, and the defendant is held to have waived his right to be present. If the defendant wishes to participate telephonically in the hearing, his attorney must notify chambers at least 24 hours before the hearing of the telephone number and contact person at the institution which defendant is incarcerated. DATED this 2nd day of March, 2007. BY THE COURT: s/ Joseph F. Bataillon JOSEPH F. BATAILLON United States District Judge