USA v. Larsen et al
Criminal

District of Nebraska, ned-8:2005-cr-00126-34394

ORDER regarding PETITION FOR OFFENDER UNDER SUPERVISION {{111}} as to defendant Terry J. Fogle. The defendant should be held to answer for a final dispositional hearing before Chief Judge Bataillon. A final dispositional hearing will be held before C hief Judge Joseph F. Bataillon in Courtroom No.3, Third Floor, Roman L. Hruska U.S. Courthouse, 111 South 18th Plaza, Omaha, Nebraska, on October 29, 2009 at 10:30 a.m. Defendant must be present in person. The defendant is committed to the custody of the Attorney General or his designated representative for confinement in a correctional facility. Ordered by Magistrate Judge F.A. Gossett. (1 Certified copy to USM)

Interested in this case?

Current View

Full Text

8:05-cr-00126-JFB-FG3 Doc # 116 Filed: 09/09/10 Page 1 of 1 - Page ID # 321 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA UNITED STATES OF AMERICA,)) Plaintiff,)) 8:05CR126 vs.)) ORDER TERRY J. FOGLE,)) Defendant.) Defendant Terry J. Fogle appeared before the court on September 9, 2010 on a Second Amended Petition for Warrant or Summons for Offender Under Supervision [111]. The defendant was represented by Assistant Federal Public Defender Jessica P. Douglas and the United States was represented by Assistant U.S. Attorney Thomas J. Kangior. Through his counsel, the defendant waived his right to a probable cause hearing on the Report pursuant to Fed. R. Crim. P. 32.1(a)(1). Through counsel, the defendant declined to present any evidence on the issue of detention and otherwise waived a detention hearing. Since it is the defendant's burden under 18 U.S.C. § 3143 to establish by clear and convincing evidence that he is neither a danger to the community nor a flight risk, the court finds the defendant has failed to carry his burden and that he should be detained pending a dispositional hearing before Chief Judge Bataillon. I find that the Report alleges probable cause and that the defendant should be held to answer for a final dispositional hearing before Chief Judge Bataillon. IT IS ORDERED: 1. A final dispositional hearing will be held before Chief Judge Joseph F. Bataillon in Courtroom No.3, Third Floor, Roman L. Hruska U.S. Courthouse, 111 South 18th Plaza, Omaha, Nebraska, on October 29, 2009 at 10:30 a.m. Defendant must be present in person. 2. The defendant, Terry J. Fogle, is committed to the custody of the Attorney General or his designated representative for confinement in a correctional facility; 3. The defendant shall be afforded a reasonable opportunity for private consultation with defense counsel; and 4. Upon order of a United States court or upon request of an attorney for the government, the person in charge of the corrections facility shall deliver defendant to the United States Marshal for the purpose of an appearance in connection with a court proceeding. DATED this 9th day of September, 2010. BY THE COURT: s/ F. A. Gossett United States Magistrate Judge