CLOSED,TRIAL-OMAHA

U.S. District Court
District of Nebraska (8 Omaha)
CRIMINAL DOCKET FOR CASE #: 8:09-cr-00173-LSC-FG3-2


Case title: USA v. Colmenares et al

Date Filed: 06/01/2009
Date Terminated: 10/15/2009

Assigned to: Chief Judge Laurie Smith Camp
Referred to: Magistrate Judge F.A. Gossett

Defendant (2)
Colmenares Rodriguez, Inc.
TERMINATED: 10/15/2009
represented byThomas J. Monaghan
DORNAN, LUSTGARTEN LAW FIRM
1403 Farnam Street
Suite 232
Omaha, NE 68102
(402) 884-7044
Email: thomasmonaghan@yahoo.com
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
8:1324(a)(1)(A)(iv) ENCOURAGING AND INDUCING ILLEGAL ALIENS TO RESIDE IN THE US
(2)
Defemdamt pleaded guilty to counts II and III of the Information and is sentenced to probation for a term of 3 Years with special conditions; $400.00 special assessment

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
18:982(a)(6)(A)(ii)(I) FORFEITURE
(3)
Defemdamt pleaded guilty to counts II and III of the Information and is sentenced to probation for a term of 3 Years with special conditions; $400.00 special assessment

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
None


Plaintiff
USA represented byFrederick D. Franklin
U.S. ATTORNEY'S OFFICE - OMAHA
1620 Dodge Street
Suite 1400
Omaha, NE 68102-1506
(402) 661-3700
Fax: (402) 661-3084
Email: fred.franklin@usdoj.gov
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
06/01/2009INFORMATION as to defendants Araseli Colmenares and Colmenares Rodriguez, Inc. (JSF) (Entered: 06/01/2009)
06/01/2009TEXT MINUTE ENTRY for proceedings held on 6/1/2009 before Magistrate Judge F. A. Gossett as to defendant Colmenares Rodriguez, Inc. Initial appearance on Information. Arraignment on Information. Plea Hearing. Defendant's oral consent to proceed before Magistrate Judge. Defendant pleads guilty as to Count II and III of Information. Court receives corporation resolution and minutes of shareholders meeting. Recommended that the plea be accepted at or before sentencing. Recommended that the Rule 11(c)(1)(C) agreement be considered at sentencing. Report and Recommendation will be issued. Presentence Investigation and Report requested. Presentence Investigation Packet handed to Defendant's counsel. Sentencing is scheduled for September 14, 2009 at 9:45 a.m. before Judge Smith Camp. Hearing held in Omaha, NE; Appearance for Plaintiff: Frederick D. Franklin; Appearance for Defendant: Thomas J. Monaghan, Retained; Courtroom Deputy: Marian Lea Frahm; Court Reporter: Digital Recorder; Time Commenced: 9:47 a.m. Time Concluded: 10:38 p.m. Time in Court: 50 minutes Interpreter Used: Yes;Interpreter: Chandler Thompson;Language: Spanish;Remote or Live: Remote. (MLF, ) Modified on 8/6/2009 to correct counts(MLF, ). (Entered: 06/01/2009)
06/01/2009CRIMINAL COVER SHEETS as to defendants Araseli Colmenares and Colmenares Rodriguez, Inc. ACCESS TO THE PDF DOCUMENT IS RESTRICTED PURSUANT TO THE E-GOVERNMENT ACT. ACCESS IS LIMITED TO COUNSEL OF RECORD AND THE COURT. (JSF) (Entered: 06/01/2009)
06/01/2009EXHIBIT LIST from hearing held on 6/1/09 as to defendant Colmenares Rodriguez, Inc. (MLF, ) (Entered: 06/01/2009)
06/01/200910 REPORT AND RECOMMENDATION ON PLEA OF GUILTY to Judge Laurie Smith Camp that, after de novo review, she accept the guilty plea and find the defendant guilty of the crimes to which the defendant tendered a guilty plea; and she not accept the plea agreement at this time, but rather that she consider the Rule 11(c)(1)(C) agreement at sentencing. It is ordered that if any party desires to object to this report and recommendation, they shall do so no later than 10 calendar days following the date of this report and recommendation or they may be deemed to have waived the right to object to adoption of the report and recommendation as to defendant Colmenares Rodriguez, Inc. Ordered by Magistrate Judge F. A. Gossett. (MLF, ) (Entered: 06/01/2009)
06/01/200911 PETITION to enter plea of guilty as to defendant Colmenares Rodriguez, Inc. (JSF) (Entered: 06/01/2009)
06/01/200912 ORDER ON SENTENCING SCHEDULE as to defendant Colmenares Rodriguez, Inc. Sentencing set for 9/14/2009 at 9:45 AM in Courtroom 2, Federal Building, 111 South 18th Plaza, Omaha, NE before Judge Laurie Smith Camp. Ordered by Magistrate Judge F. A. Gossett. (MLF, ) (Entered: 06/01/2009)
06/01/200914 PLEA AGREEMENT as to defendant Colmenares Rodriguez, Inc. (JSF) (Entered: 06/01/2009)
06/01/200916  AUDIO FILE (12.5 MB) as to defendanta Araseli Colmenares and Colmenares Rodriguez, Inc. regarding Initial Appearance, Arraignment and Plea Hearing 2 and 5 held on 6/1/09 at 9:47 a.m. before Magistrate Judge F.A. Gossett. (MLF, ) (Entered: 06/01/2009)
06/02/200917 LETTER BY CLERK that a CD was sent to Rogene Schroder for transcription regarding the Initial Appearance and Plea Hearing held 6/1/09. Transcript ordered by Magistrate Judge F.A. Gossett, III as to defendant(s) Araseli Colmenares, Colmenares Rodriguez, Inc. THE PDF DOCUMENT IS RESTRICTED PURSUANT TO THE E-GOVERNMENT ACT. ACCESS IS LIMITED TO COUNSEL OF RECORD AND THE COURT. (KBJ) (Entered: 06/02/2009)
06/03/200918 AMENDED LETTER BY CLERK that a CD was sent to Diana Wilkey for transcription regarding Initial Appearance on Information and Plea Hearing held 6/1/09. Transcript ordered by Magistrate Judge F.A. Gossett, III as to defendant(s) Araseli Colmenares, Colmenares Rodriguez, Inc. THE PDF DOCUMENT IS RESTRICTED PURSUANT TO THE E-GOVERNMENT ACT. ACCESS IS LIMITED TO COUNSEL OF RECORD AND THE COURT. (KBJ) (Entered: 06/03/2009)
06/07/200919 TRANSCRIPT (UNREDACTED) of initial appearance and plea proceedings before Magistrate Judge F.A. Gossett held on 6-1-09 as to defendant(s) Araseli Colmenares, Colmenares Rodriguez, Inc.. Total Number of Billable Pages: 37. Total Number of Pages: 37. The transcript may be viewed at the courts public terminal or purchased through Transcriber Diana Wilkey at (402) 332-4604 or dkwilkey@cox.net before the expiration of the Release of Transcript Restriction deadline. The parties have 5 business days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Click here to view the Transcript Redaction Procedure. Redaction Request due 6/29/2009. Redacted Transcript Deadline set for 7/8/2009. Release of Transcript Restriction set for 9/8/2009. (Wilkey, Diana) (Entered: 06/07/2009)
06/16/200921 MEMORANDUM AND ORDER adopting 10 the Magistrate Judge's Report and Recommendation as to Colmenares Rodriguez, Inc. (2); defendant is found guilty; plea is accepted; defer acceptance of the plea agreement until the time of sentencing pursuant to Federal Rule of Criminal Procedure 11(c)(3); and case shall proceed to sentencing. Ordered by Judge Laurie Smith Camp. (JB) (Entered: 06/16/2009)
07/07/200923 ADOPTION of Presentence Investigation Report by Attorney Frederick D. Franklin as to defendant(s) Colmenares Rodriguez, Inc.. (Franklin, Frederick) (Entered: 07/07/2009)
08/04/200925 INDEX in support of MOTION re: Sentencing Items 24 by Attorney Thomas J. Monaghan as to defendant(s) Araseli Colmenares, Colmenares Rodriguez, Inc.. (Monaghan, Thomas) (Entered: 08/04/2009)
08/04/200926 Amended MOTION for Downward Departure and Objection to PSIR by Attorney Thomas J. Monaghan as to defendant(s) Araseli Colmenares, Colmenares Rodriguez, Inc.. (Monaghan, Thomas) (Entered: 08/04/2009)
08/04/200927 BRIEF in support of Amended MOTION for Downward Departure and Objection to PSIR 26 (Amended Brief in Support) by Attorney Thomas J. Monaghan as to defendant(s) Araseli Colmenares, Colmenares Rodriguez, Inc.. (Monaghan, Thomas) (Entered: 08/04/2009)
08/04/200928 INDEX in support of Amended MOTION for Downward Departure and Objection to PSIR 26 (Amended) by Attorney Thomas J. Monaghan as to defendant(s) Araseli Colmenares, Colmenares Rodriguez, Inc.. (Monaghan, Thomas) (Entered: 08/04/2009)
08/05/200929 TEXT NOTICE OF FILING BRIEF ATTACHED TO MOTION regarding Motion for Miscellaneous Relief 24 by Deputy Clerk. Briefs shall be electronically filed as a separate document using the brief event. The brief must identify the document to which it relates. This notice is for your information for future filings as to defendant(s) Araseli Colmenares, Colmenares Rodriguez, Inc..(PCV, ) (Entered: 08/05/2009)
09/08/200931 TENTATIVE FINDINGS regarding the Presentence Investigation Report as to Defendant Colmenares Rodriguez, Inc. Ordered by Judge Laurie Smith Camp. (JB) (Entered: 09/08/2009)
09/09/200932 OBJECTION to Tentative Findings of Fact 31 by Attorney Thomas J. Monaghan as to defendant(s) Araseli Colmenares, Colmenares Rodriguez, Inc.. (Monaghan, Thomas) (Entered: 09/09/2009)
09/14/200934 TEXT ORDER the Government's oral motion to continue is granted; Sentencing rescheduled for 10/13/2009 at 01:45 PM in Courtroom 2, Federal Building, 111 South 18th Plaza, Omaha, NE before Judge Laurie Smith Camp as to defendant Colmenares Rodriguez, Inc. Ordered by Judge Laurie Smith Camp. (ETC) (Entered: 09/14/2009)
10/13/200938 TEXT MINUTE ENTRY for proceedings held before Judge Laurie Smith Camp as to defendant Colmenares Rodriguez, Inc. Sentencing held on 10/13/2009. Plea Agreement Accepted as to defendant Colmenares Rodriguez, Inc. Defendant is sentenced to: Probation for a term of 3 years. Special assessment in the amount of $400.00. Hearing held in Omaha. Courtroom Deputy: Ed Champion. Reporter: Brenda Fauber. Appearance for Plaintiff: Fred Franklin; For Defendant: Tom Monaghan, Retained. Time Start: 2:10 p.m. Time Stop: 2:16 p.m. Spanish Interpreter yes used - Live. (ETC) (Entered: 10/14/2009)
10/13/200939 EXHIBIT RECEIPT as to defendant Colmenares Rodriguez, Inc. (JSF) (Entered: 10/14/2009)
10/15/200942 JUDGMENT as to Colmenares Rodriguez, Inc. (2), Counts 2, 3 - Defendant pleaded guilty to counts II and III of the Information and is sentenced to probation for a term of 3 Years with special conditions; $400.00 special assessment; Final order of forfeiture as to Count III forthcoming as to defendant Colmenares Rodriguez, Inc. Ordered by Judge Laurie Smith Camp. (1 Certified copy to USM)(ADB, ) (Entered: 10/15/2009)