USA v. Martinez et al
Criminal

District of Nebraska, ned-8:2005-cr-00083-34059

ORDER on the defendant's Motion Under 28 U.S.C. 2255 to Vacate, Set Aside, or correct Sentence is scheduled for hearing on September 7, 2007 at 9:00 a.m. The Federal Public Defender shall immediately enter an appearance or provide the court wi th a draft appointment order bearing the name and other identifying information of the CJA Panel Attorney identified in accordance with the Criminal Justice Act Plan for this District. The US marshal is directed to return the defendant to the distri ct for this hearing. the Clerk of the court shall provide a copy of this memorandum and Order to the U.S. marshal, counsel of record, the Federal Public Defender and the Defendant at the address of record for his current place of incarceration as to defendant Manuel L. Martinez. Motion Hearing set for 9/7/2007 09:00 AM in Courtroom 2 (Omaha) before Judge Laurie Smith Camp. Ordered by Judge Laurie Smith Camp.(MKR)Copies to U.S. Marshal (1 cert), counsel of record, the Federal Public Defender, and the Defendant's institution:FCI-VICTORVILLE MED, P.O. Box 5400, Adelanto, CA 92301

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8:05-cr-00083-LSC-TDT Doc # 134 Filed: 08/30/07 Page 1 of 2 - Page ID # 685 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA UNITED STATES OF AMERICA,) CAE NO. 8:05CR83) Plaintiffs,)) v.) ORDER) MANUEL L. MARTINEZ,)) Defendant.) This matter is before the Court on the Defendant's Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody (§ 2255 motion) (Filing No. 118), and the government's Answer and responsive materials (Filing Nos. 120, 121, & 122). The Court has reviewed all of the submitted documents and will hold an evidentiary hearing on the matter. IT IS ORDERED: 1. A hearing is scheduled on the Defendant's Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody (§ 2255 motion) before the undersigned United States District Judge on September 7, 2007 at 9:00 a.m. in Courtroom No. 2, Roman L. Hruska U.S. Courthouse, 111 South 18 th Plaza, Omaha, Nebraska; 2. The Federal Public Defender shall immediately enter an appearance or provide the Court with a draft appointment order (CJA Form 20) bearing the name and other identifying information of the CJA Panel attorney identified in accordance with the Criminal Justice Act Plan for this district; 3. The Marshal is directed to return the Defendant to the district for this hearing. If the Defendant at a later date decides to waive his right to be present at the hearing, he may do so (at least 6 weeks prior to the hearing) by contacting his attorney who shall then inform the court and the U.S. Marshal of the Defendant's decision. In that event, the Defendant may participate telephonically in the hearing by informing his attorney, who in turn shall supply this court with a telephone number at which the Defendant may be reached for the hearing; and 8:05-cr-00083-LSC-TDT Doc # 134 Filed: 08/30/07 Page 2 of 2 - Page ID # 686 4. The Clerk of the Court shall provide a copy of this Memorandum and Order to the U.S. Marshal, counsel of record, the Federal Public Defender, and the Defendant at the address of record for his current place of incarceration. DATED this 30th day of August, 2007. BY THE COURT: s/Laurie Smith Camp United States District Judge 2