U.S. v. Diaz

Full title: UNITED STATES OF AMERICA, Plaintiff, v. JESUS DIAZ, Defendant

Court: United States District Court, D. Nebraska

Date published: Sep 30, 2005

No. 4:03CR3034 (D. Neb. Sep. 30, 2005)

Opinion

No. 4:03CR3034.

September 30, 2005

MEMORANDUM AND ORDER

RICHARD KOPF, Chief Judge, District

This matter comes on to consider the government's request for hearing on Rule 35(b) motion (filing 85). Having considered the matter,

IT IS ORDERED that:

(1) The government's request for hearing on Rule 35(b) motion (filing 85) is granted;

(2) A hearing on the government's motion for reduction of sentence pursuant to Rule 35(b) (filing 81) has been set before the undersigned United States district judge at 4:30 p.m., Monday, October 24, 2005, in Courtroom No. 1, United States Courthouse and Federal Building, 100 Centennial Mall North, Lincoln, Nebraska;

(3) At the request of the defendant through his counsel, and with the agreement of the government, the defendant may be absent from the hearing on the Rule 35 motion;

(4) The Marshal is directed not to return the defendant to the district; and

(5) The defendant is held to have waived his right to be present.