U.S. v. Neville

Full title: UNITED STATES OF AMERICA, Plaintiff, v. PHILLIP ALAN NEVILLE, Defendant

Court: United States District Court, D. Nebraska

Date published: Nov 16, 2005

4:04CR3058 (D. Neb. Nov. 16, 2005)

Opinion

4:04CR3058.

November 16, 2005

MEMORANDUM AND ORDER

RICHARD KOPF, District Judge

This matter comes on to consider the government's request for hearing on Rule 35(b) motion (filing 51). Having considered the matter,

IT IS ORDERED that:

(1) The government's request for hearing (filing 51) is granted;

(2) A hearing on the government's motion for reduction of sentence pursuant to Rule 35(b) (filing 49) has been set before the undersigned United States district judge at 1:15 p.m., on Monday, December 12, 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.