USA v. Mendoza et al
Criminal

District of Nebraska, ned-8:2004-cr-00469-33155

MEMORANDUM AND ORDER - The Federal Public Defender for the District of Nebraska is appointed to represent the defendant in this matter. Defendant's pro se submission (Filing No. 115) is denied as moot. No later than October 28, 2014, the pro bation office shall file as a restricted (but not sealed) document and provide the undersigned and counsel ofrecord with a "Retroactive Sentencing Worksheet." No later than December 1, 2014, counsel of record shall confer and file a stipulation or arrange a telephone conference as to defendant Jose Gustavo Rubio. Ordered by Chief Judge Laurie Smith Camp. (Copy mailed to defendant)

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8:04-cr-00469-LSC-SMB Doc # 117 Filed: 08/29/14 Page 1 of 2 - Page ID # 339 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA UNITED STATES OF AMERICA,) CASE NO. 8:04CR469) Plaintiff,)) MEMORANDUM v.) AND ORDER) JOSE GUSTAVO RUBIO,)) Defendant.) The defendant may be entitled to a reduction in sentence pursuant to 18 U.S.C. § 3582(c)(2) and General Order 2014-06 ("IN THE MATTER OF THE CASES WHERE MOTIONS TO AMEND SENTENCES PURSUANT TO AMENDMENT 782 IN APPENDIX C TO THE SENTENCING GUIDELINES MANUAL MAY BE FILED"). The defendant should understand that I have made no determination whether the defendant is covered by the Amendment or whether the defendant, if covered by the Amendment, should be given a reduction. Those questions are yet to be determined. With the foregoing in mind, IT IS ORDERED that: 1. In light of the following, defendant's pro se submission (Filing No. 115) is denied as moot; 2. The Federal Public Defender (or his nominee) is herewith appointed to represent the defendant. The Clerk's office shall provide the Federal Public Defender and the defendant with a copy of this order. Appointed counsel shall promptly enter an appearance; 3. No later than October 28, 2014, the probation office shall file as a restricted (but not sealed) document and provide the undersigned and counsel of record with a "Retroactive Sentencing Worksheet." If the officer requires additional time, a request may be made to the undersigned by e-mail. The Clerk's office shall provide Mike Norton, Supervisory United States Probation Officer, with a copy of this Memorandum and Order; and 8:04-cr-00469-LSC-SMB Doc # 117 Filed: 08/29/14 Page 2 of 2 - Page ID # 340 4. No later than December 1, 2014, counsel of record shall confer and do one of the following: A. File a stipulation signed by both counsel containing the following provisions: (i) an agreement that the defendant is eligible for a sentence reduction pursuant to 18 U.S.C. § 3582(c) and U.S.S.G. § 1B1.10; (ii) an agreement that the defendant may be resentenced without being present and without further notice; and (iii) an agreement regarding the recommended sentence. B. In lieu of the stipulation provided in paragraph A, counsel for the government shall contact my judicial assistant and arrange a telephone conference with the undersigned and counsel for the defendant so that further progression of this case may be scheduled. DATED this 29th day of August, 2014. BY THE COURT: s/Laurie Smith Camp Chief United States District Judge 2