Case details

Court: ned
Docket #: 8:13-cr-00104
Case Name: USA v. Flanary
PACER case #: 62282
Date filed: 2013-03-20
Date terminated: 2014-06-30
Assigned to: Judge Joseph F. Bataillon
Referred to: Magistrate Judge Thomas D. Thalken

Parties

Represented Party Attorney & Contact Info
Jason Flanary
Defendant (1)
TERMINATED: 06/30/2014 also known asiceman6791 TERMINATED: 06/30/2014
Clarence E. Mock , III
JOHNSON, MOCK LAW FIRM - OAKLAND P.O. Box 62 Oakland, NE 68045 (402) 685-5647 Fax: (402) 685-5648 Email: cmock@johnsonandmock.com
ATTORNEY TO BE NOTICED Designation: CJA Appointment

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2012-12-12 1 0 COMPLAINT signed by Judge Magistrate Judge Thomas D. Thalkenas to defendant Jason Flanary. (ADB)[8:12-mj-00388-TDT *SEALED*] Modified on 4/1/2013 to restrict per order of Magistrate Judge Gossett pursuant to hearing held on 4/1/2013 (SLP). (Entered: 12/12/2012)
2012-12-12 2 0 CRIMINAL COVER SHEET as to defendant Jason Flanary. ACCESS TO THE PDF DOCUMENT IS RESTRICTED TO CASE PARTICIPANTS AND THE COURT PURSUANT TO THE E-GOVERNMENT ACT AND FEDERAL RULE OF CRIMINAL PROCEDURE 49.1(a). ALL COUNSEL OF RECORD IN MULTI-DEFENDANT CASES MAY ACCESS THIS DOCUMENT. (ADB) [8:12-mj-00388-TDT *SEALED*] (Entered: 12/12/2012)
2013-03-11 4 0 RULE 5 PLEADINGS - IN Received from USDC for the Territory of Guam, Case No. 1:13mj34 as to defendant Jason Flanary. (Attachments: #(1) Petition for Writ of Removal with NE complaint and warrant, #(2) Rule 5 Minutes from hearing held 3/4/13, #(3) Appointment Order, #(4) Waiver of Identity Hearings, #(5) Order of Removal, #(6) Warrant of Removal) (JSF) Attachment #1 was modified on 3/11/2013 to reflect that ACCESS TO THE PDF DOCUMENT IS RESTRICTED TO CASE PARTICIPANTS AND THE COURT PURSUANT TO THE E-GOVERNMENT ACT AND FEDERAL RULE OF CRIMINAL PROCEDURE 49.1(a). ALL COUNSEL OF RECORD IN MULTI-DEFENDANT CASES MAY ACCESS THIS DOCUMENT (JSF). [8:12-mj-00388-TDT *SEALED*] (Entered: 03/11/2013)
2013-03-20 5 0 INDICTMENT with forfeiture allegation with foreperson's signature redacted pursuant to the E-Government Act as to defendant Jason Flanary. PART 1 OF 2 (ADB) Modified on 6/17/2013 to attachment # 1 Redacted Indictment pursuant to Order 35 . MAIN PDF DOCUMENT IS SEALED PURSUANT TO AN ORDER OF THE COURT. (JAB) (Entered: 03/21/2013)
2013-03-20 6 0 PART 2 OF 2 - FOREPERSON'S SIGNATURE PAGE regarding Indictment 5 as to defendant Jason Flanary. ACCESS TO THE PDF DOCUMENT IS RESTRICTED TO CASE PARTICIPANTS AND THE COURT PURSUANT TO FEDERAL RULE OF CRIMINAL PROCEDURE 49.1(e). ALL COUNSEL OF RECORD IN MULTI-DEFENDANT CASES MAY ACCESS THIS DOCUMENT. (ADB) (Entered: 03/21/2013)
2013-03-20 7 0 CRIMINAL COVER SHEET as to defendant Jason Flanary. ACCESS TO THE PDF DOCUMENT IS RESTRICTED TO CASE PARTICIPANTS AND THE COURT PURSUANT TO THE E-GOVERNMENT ACT AND FEDERAL RULE OF CRIMINAL PROCEDURE 49.1(a). ALL COUNSEL OF RECORD IN MULTI-DEFENDANT CASES MAY ACCESS THIS DOCUMENT. (ADB) (Entered: 03/21/2013)
2013-03-29 9 0 NOTICE (MEMORANDUM) TO UNSEAL CASE by Attorney Michael P. Norris as to defendant Jason Flanary. (ADB) (Entered: 03/29/2013)
2013-03-29 10 0 TEXT ORDER SETTING HEARING as to defendant Jason Flanary. Initial Appearance and Arraignment set for 4/1/2013 at 1:30 PM in Courtroom 6, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Magistrate Judge F.A. Gossett. Ordered by Magistrate Judge Thomas D. Thalken. (SLP) (Entered: 03/29/2013)
2013-04-01 12 0 ORDER APPOINTING COUNSEL - CJA Panel Attorney Clarence E. Mock, III is appointed as counsel as to defendant Jason Flanary. Ordered by Magistrate Judge F.A. Gossett. (SLP) (Entered: 04/01/2013)
2013-04-01 13 0 TEXT MINUTE ENTRY for proceedings held on 4/1/2013 before Magistrate Judge F.A. Gossett as to defendant Jason Flanary. Initial Appearance and Arraignment on Indictment held. Defendant requests counsel. Court appoints a CJA Panel Attorney. Defendant acknowledges receipt of a copy of the Indictment. Not guilty plea entered on all counts. Defendant requests discovery material pursuant to Rule 16. Progression order issued. Detention hearing held. Government's oral motion for detention is granted as to flight and danger. Governments oral motion to restrict access to the affidavit on the criminal complaint to the parties in this case is granted. Order of Detention to be issued. Defendant remanded to the custody of the U.S. Marshal to be detained pending further order of the court. Hearing held in Omaha, NE. Appearance for Plaintiff: Michael P. Norris, USA; Appearance for Defendant: Clarence E. Mock, III, CJA; Courtroom Deputy: Sara Pankoke; Court Reporter: Digital Recorder. No interpreter used during hearing. Time Start: 1:49 PM; Time Stop: 2:00 PM; Time in Court: 11 Minutes. (SLP) (Entered: 04/01/2013)
2013-04-01 14 0 ORDER FOR PROGRESSION OF A CRIMINAL CASE - discovery due 4/8/2013 as to defendant Jason Flanary. Pretrial Motion Deadline set for 4/22/2013. Ordered by Magistrate Judge F.A. Gossett. (SLP) (Entered: 04/01/2013)
2013-04-01 15 0 ORDER of Detention pending trial as to defendant Jason Flanary. Ordered by Magistrate Judge F.A. Gossett. (SLP) (Entered: 04/01/2013)
2013-04-01 16 0 AUDIO FILE. Audio as to Defendant (1) Jason Flanary. Court Date & Time [ 04/01/2013 1:49:58 PM ]. File Size [ 2504 KB ]. Run Time [ 00:10:26 ]. (Initial Appearance). (auto-docket). (Entered: 04/01/2013)
2013-04-02 18 0 NOTICE OF ATTORNEY APPEARANCE by Attorney Clarence E. Mock, III as to defendant(s) Jason Flanary. (Mock, Clarence) (Entered: 04/02/2013)
2013-04-01 19 0 ARREST WARRANT RETURNED EXECUTED in case as to defendant Jason Flanary. ACCESS TO THE PDF DOCUMENT IS RESTRICTED TO CASE PARTICIPANTS AND THE COURT PURSUANT TO THE E-GOVERNMENT ACT AND FEDERAL RULE OF CRIMINAL PROCEDURE 49.1(a). ALL COUNSEL OF RECORD IN MULTI-DEFENDANT CASES MAY ACCESS THIS DOCUMENT. (ADB, ) (Entered: 04/02/2013)
2013-04-09 20 0 NOTICE of Compliance of Local Criminal Rule 16.1(a) by Attorney Michael P. Norris as to defendant(s) Jason Flanary. (Norris, Michael) (Entered: 04/09/2013)
2013-04-09 21 0 ARREST WARRANT RETURNED EXECUTED in case as to defendant Jason Flanary. ACCESS TO THE PDF DOCUMENT IS RESTRICTED TO CASE PARTICIPANTS AND THE COURT PURSUANT TO THE E-GOVERNMENT ACT AND FEDERAL RULE OF CRIMINAL PROCEDURE 49.1(a). ALL COUNSEL OF RECORD IN MULTI-DEFENDANT CASES MAY ACCESS THIS DOCUMENT. (ADB, ) (Entered: 04/10/2013)
2013-04-10 22 0 APPLICATION/ORDER admitting for full-time admission Attorney Sarah Chang as to defendant Jason Flanary. Ordered by Deputy Clerk. (SLP) (Entered: 04/11/2013)
2013-04-14 23 0 NOTICE OF ATTORNEY APPEARANCE by Attorney Sarah Chang appearing for USA by Attorney Sarah Chang as to defendant(s) Jason Flanary. (Chang, Sarah) (Entered: 04/14/2013)
2013-04-19 24 0 MOTION to Extend Pretrial Motion Deadline by Attorney Clarence E. Mock, III as to defendant(s) Jason Flanary. (Mock, Clarence) (Entered: 04/19/2013)
2013-04-22 25 0 ORDER granting 24 Motion to Extend as to Jason Flanary (1). Pretrial Motion Deadline is set for 5/22/2013. The time between 4/22/13 and 5/22/13 shall be deemed excludable time in any computation of time under the requirement of the Speedy Trial Act. Ordered by Magistrate Judge Thomas D. Thalken. (JSF) (Entered: 04/22/2013)
2013-05-07 26 0 WAIVER of speedy trial by Attorney Clarence E. Mock, III as to defendant(s) Jason Flanary. (Mock, Clarence) (Entered: 05/07/2013)
2013-05-13 27 0 MOTION to Extend Pretrial Motion Deadline by Attorney Clarence E. Mock, III as to defendant(s) Jason Flanary. (Mock, Clarence) (Entered: 05/13/2013)
2013-05-14 28 0 ORDER granting 27 Motion to Extend as to Jason Flanary (1). The defendant is given until 9/5/13 in which to file pretrial motions. The time between 5/14/13 and 9/5/13 shall be deemed excludable time in any computation of time under the requirement of the Speedy Trial Act. Ordered by Magistrate Judge Thomas D. Thalken. (JSF) (Entered: 05/14/2013)
2013-05-20 29 0 ORDER SETTING HEARING as to defendant Jason Flanary. A Rule 17.1 Hearing is set for 5/29/2013 at 10:00 AM in Courtroom 7, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Magistrate Judge Thomas D. Thalken. Ordered by Magistrate Judge Thomas D. Thalken. (JSF) Modified on 5/20/2013 to seal as other cases listed in caption are sealed (JSF). Modified on 5/21/2013 to unseal as other cases listed in caption are now unsealed (JSF). (Entered: 05/20/2013)
2013-05-29 30 0 TEXT MINUTE ENTRY for Rule 17.1 Hearing held in Omaha on 05/29/2013 before Magistrate Judge Thomas D. Thalken as to defendant Jason Flanary. The defendant is not present because he was excused from the hearing. Dates are discussed for the progression of the case. Order forthcoming. Appearance for plaintiff: Michael P. Norris; Keith A. Becker and Sarah Chang, telephonically. Appearance for defendant: Clarence E. Mock, III, CJA. No interpreter used during hearing. Courtroom Deputy: Mary Beth McFarland. Court Reporter: Digital Recorder. Time Start: 10:04 AM; Time Stop: 10:45 AM; Time in Court: 41 Minutes. (MBM) (Entered: 05/29/2013)
2013-05-29 31 0 AUDIO FILE (10.6 MB) as to defendant Jason Flanary regarding Rule 17.1 Hearing 30 held on 05/29/2013 at 10:04 a.m. before Magistrate Judge Thomas D. Thalken. (MBM) (Entered: 05/29/2013)
2013-05-29 32 0 ORDER : Pretrial Motion Deadline set for 9/6/2013; Time under the Speedy Trial Act will be excluded from today until September 6, 2013 as to defendant Jason Flanary. Ordered by Magistrate Judge Thomas D. Thalken. (ADB) (Entered: 05/29/2013)
2013-06-14 35 0 ORDER granting 33 SEALED MOTION as to Jason Flanary (1). The United States of America's Ex Parte Emergency Motion For Substitution of Redacted Indictments is granted. Ordered by Magistrate Judge Thomas D. Thalken. (E-mailed to counsel)(JAB) Modified on 6/17/2013 to unseal. (JAB). (Entered: 06/17/2013)
2013-09-09 36 0 ORDER SETTING CASE FOR TRIAL as to defendant Jason Flanary. Jury Trial set for 9/30/2013 at 8:30 AM in Courtroom 3, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Judge Joseph F. Bataillon. Ordered by Magistrate Judge Thomas D. Thalken. (JSF) (Entered: 09/09/2013)
2013-09-10 37 0 MOTION to file under Seal by Attorney Clarence E. Mock, III as to defendant(s) Jason Flanary. (Mock, Clarence) (Entered: 09/10/2013)
2013-09-10 39 0 TEXT ORDER granting 37 Motion to Seal as to Jason Flanary (1). Ordered by Magistrate Judge Thomas D. Thalken. (JSF) (Entered: 09/10/2013)
2013-09-11 41 0 MOTION to Continue Jury Trial by Attorney Clarence E. Mock, III as to defendant(s) Jason Flanary. (Mock, Clarence) (Entered: 09/11/2013)
2013-09-12 42 0 ORDER granting 41 Motion to Continue as to Jason Flanary (1). Jury Trial re-scheduled for 1/27/2014 at 08:30 AM in Courtroom 3, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Judge Joseph F. Bataillon. The time between September 12, 2013, and January 27, 2014, shall be deemed excludable time in any computation of time under the requirement of the Speedy Trial Act. Ordered by Magistrate Judge Thomas D. Thalken. (ADB) (Entered: 09/12/2013)
2013-12-27 43 0 MOTION to Continue Jury Trial by Attorney Clarence E. Mock, III as to defendant(s) Jason Flanary. (Mock, Clarence) (Entered: 12/27/2013)
2013-12-27 44 0 WAIVER of speedy trial by Attorney Clarence E. Mock, III as to defendant(s) Jason Flanary. (Mock, Clarence) (Entered: 12/27/2013)
2013-12-30 45 0 ORDER granting 43 Motion to Continue trial as to Jason Flanary (1). Jury Trial set for 3/24/2014 in Courtroom 3, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Judge Joseph F. Bataillon. The time between 12/30/13 and 3/24/14 shall be deemed excludable time in any computation of time under the requirement of the Speedy Trial Act. Ordered by Magistrate Judge Thomas D. Thalken. (JSF) (Entered: 12/30/2013)
2014-03-05 46 0 TEXT ORDER SETTING CHANGE OF PLEA HEARING as to defendant Jason Flanary. A Change of Plea Hearing is set for 3/28/2014 at 11:00 AM in Courtroom 3, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before District Judge Joseph F. Bataillon. At least two (2) working days in advance of the plea proceeding above, counsel for plaintiff and for defendant shall email to the undersigned judge a copy of the following: a) a copy of the Petition to Enter A Guilty Plea; b) a copy of any plea agreement; and c) a copy of any charging document not yet on file. The time between today's date and the date of the change of plea hearing is deemed excludable in any computation of time under the Speedy Trial Act. See 18 U.S.C. 3161 (h)(1). Ordered by District Judge Joseph F. Bataillon. (KMG) (Entered: 03/05/2014)
2014-03-28 47 0 TEXT MINUTE ENTRY for proceedings held before District Judge Joseph F. Bataillon as to defendant Jason Flanary. Change of Plea Hearing held on 3/28/2014. Hearing held in Omaha. Pleaded guilty to Count I of the Indictment. Plea accepted. Plea Agreement not approved at this time and taken under advisement, pending review of Presentence Investigation Report. Presentence Investigation Report requested. Sentencing on 6/20/2014 at 11:00 a.m. Defendant remanded to the custody of the U.S. Marshal. No interpreter used during hearing. Courtroom Deputy: Kathy Griess; Court Reporter: Brenda Fauber; Appearance for Plaintiff: Michael P. Norris; Appearance for Defendant: Clarence E. Mock, III - CJA. Time Start: 11:05 AM; Time Stop: 11:26 AM; Time in Court: 21 Minutes. (KMG) (Entered: 03/28/2014)
2014-03-28 48 0 ORDER ON SENTENCING SCHEDULE as to defendant Jason Flanary: Sentencing is set for 6/20/2014 at 11:00 AM in Courtroom 3, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before District Judge Joseph F. Bataillon. Ordered by District Judge Joseph F. Bataillon. (KMG) (Entered: 03/28/2014)
2014-03-28 49 0 PETITION to enter plea of guilty as to defendant Jason Flanary. (ADB) (Entered: 03/28/2014)
2014-03-28 50 0 PLEA AGREEMENT as to defendant Jason Flanary. (ADB, ) (Entered: 03/28/2014)
2014-05-14 51 0 TEXT ORDER CONTINUING HEARING as to defendant Jason Flanary. On the court's own motion, the Sentencing Hearing is continued to 6/27/2014 at 01:30 PM in Courtroom 3, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Judge Joseph F. Bataillon. Ordered by Judge Joseph F. Bataillon. (TCL ) (Entered: 05/14/2014)
2014-05-29 52 0 MOTION for Preliminary Forfeiture by Attorney Nancy A. Svoboda as to defendant(s) Jason Flanary. (Svoboda, Nancy) (Entered: 05/29/2014)
2014-05-30 53 0 PRELIMINARY ORDER OF FORFEITURE - IT IS THEREFORE ORDERED, ADJUDGED AND DECREED as follows: The United States' Motion for Issuance of Preliminary Order of Forfeiture is hereby sustained. Based upon the Forfeiture Allegation of the Indictment and the Defendant's plea of guilty, the United States is hereby authorized to seize the Flash drive, memory card, and notebook. The Defendant's interest in said properties is hereby forfeited to the United States for disposition in accordance with the law, subject to the provisions of 18 U.S.C. § 2253. The aforementioned properties are to be held by the United States in its secure custody and control. Upon adjudication of all third-party interests, this Court will enter a Final Order of Forfeiture pursuant to 18 U.S.C. § 2253, in which all interests will be addressed as to Jason Flanary. Ordered by Judge Joseph F. Bataillon. (1 Certified copy to USM)( TCL ) (Entered: 05/30/2014)
2014-06-02 54 0 ADOPTION of Presentence Investigation Report by Attorney Michael P. Norris as to defendant(s) Jason Flanary. (Norris, Michael) (Entered: 06/02/2014)
2014-06-05 55 0 OBJECTION TO PRESENTENCE INVESTIGATION REPORT - as to Jason Flanary by Attorney Clarence E. Mock, III as to defendant(s) Jason Flanary. (Mock, Clarence) (Entered: 06/05/2014)
2014-06-27 56 0 TEXT MINUTE ENTRY for proceedings held before Judge Joseph F. Bataillon as to defendant Jason Flanary. Sentencing held on 6/27/2014. Plea and Plea Agreement Accepted. The court accepts the Presentence Investigation Report. Defendant is sentenced to: the Bureau of Prisons for a term of 240 months; Supervised release for a term of 15 years. Special assessment in the amount of $100.00. Hearing held in Omaha. Courtroom Deputy: Amy Brunswick; Reporter: Sue DeVetter; Appearance for Plaintiff: Michael Norris: Appearance for Defendant: Clarence E. Mock, CJA. Defendant remanded to the custody of the U.S. Marshal. No interpreter used during hearing. Time Start: 1:29 PM; Time Stop: 1:35 PM; Time in Court: 6 Minutes. (ADB) (Entered: 06/27/2014)
2014-06-30 59 0 JUDGMENT as to defendant Jason Flanary (1). Defendant pleaded guilty to count I of the Indictment and is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a term of two hundred forty (240) months; fifteen (15) years of Supervised Release with Special Conditions; $100.00 Special Assessment. The defendant shall forfeit the defendant's interest in the following property to the United States: a Flash drive, memory card, and notebook. Counts II through VII of the Indictment are dismissed on the motion of the United States as to this defendant only. Ordered by Judge Joseph F. Bataillon. (4 Certified copies to USM)(GJG) (Entered: 06/30/2014)
2014-08-11 61 0 Judgment Returned Executed as to defendant Jason Flanary. (GJG) (Entered: 08/11/2014)
2014-10-07 62 0 NOTICE of Declaration of Publication by Attorney Nancy A. Svoboda as to defendant(s) Jason Flanary. (Attachments: # 1 Notice, # 2 Advertisement Certification Report)(Svoboda, Nancy) (Entered: 10/07/2014)
2014-10-07 63 0 MOTION for Final Forfeiture by Attorney Nancy A. Svoboda as to defendant(s) Jason Flanary. (Svoboda, Nancy) (Entered: 10/07/2014)
2014-10-08 64 0 FINAL ORDER OF FORFEITURE sustaining 63 Motion for Final Forfeiture as to Jason Flanary (1). All right, title and interest in and to the Flash drive, memory card, and notebook, held by any person or entity, are hereby forever barred and foreclosed. The aforementioned properties described above are forfeited to the United States of America. The United States is directed to dispose of said properties in accordance with law. Ordered by Judge Joseph F. Bataillon. (1 Certified copy to USM) (JSF) (Entered: 10/08/2014)