Order Setting Change of Plea Hearing — United States v. Kelly (Dkt. 176, D. Neb.)

Summary

An Order Setting Change of Plea Hearing in United States of America v. Richard L. Kelly, No. 8:22CR125, in the U.S. District Court for the District of Nebraska, dated the 8th day of November, 2023 and signed by United States Magistrate Judge Michael D. Nelson. The order removes the case from the trial docket at the defendant's request and schedules a hearing on his anticipated guilty plea before Judge Nelson on Tuesday, December 19, 2023 in Omaha. Counsel must provide the plea petition, any plea agreement and any charging document not yet on file at least seven (7) working days in advance. The order also addresses excludable time under the Speedy Trial Act and interpreter requirements.

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8:22-cr-00125-BCB-MDN Doc # 176 Filed: 11/08/23 Page 1 of 1 - Page ID # 442



                                IN THE UNITED STATES DISTRICT COURT
                                    FOR THE DISTRICT OF NEBRASKA

UNITED STATES OF AMERICA,

                         Plaintiff,                                           8:22CR125

        vs.
                                                         ORDER SETTING CHANGE OF PLEA HEARING
RICHARD L. KELLY,

                         Defendant.

        The Court has been advised that the defendant requests permission to enter a plea of guilty. The
Court is further advised that the defendant will consent to Magistrate Judge Michael D. Nelson conducting
the hearing on the plea of guilty.
        IT IS ORDERED that:
        1.       This case, insofar as it concerns this defendant, is removed from the trial docket based
upon the request of the defendant.
        2.       A hearing on the defendant’s anticipated plea of guilty is scheduled before Magistrate
Judge Michael D. Nelson on Tuesday, December 19, 2023 at the hour of 10:00 a.m. in Courtroom No.
6, Second Floor, Roman L. Hruska U.S. Courthouse, 111 South 18th Plaza, Omaha, Nebraska.
        3.       At least seven (7) working days in advance of the plea proceeding above, counsel for
plaintiff and for defendant shall provide to the undersigned magistrate 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. Failure to meet this deadline will cause the plea proceeding to be
cancelled.
        4.       On or before the date for the plea proceeding, counsel for plaintiff and for defendant shall
provide to the assigned probation officer their respective versions of the offense for purposes of preparing
the presentence investigation report.
        5.       For this defendant, the time between today’s date and the hearing on the anticipated
plea of guilty is excluded for purposes of computing the limits under the Speedy Trial Act. See 18 U.S.C.
§ 3161(h)(1)(G) & (h)(7)(A).
        6.       If the defendant is not proficient in the English language, then the defense counsel must
arrange for the person who translated the petition and plea agreement to be present for entry of the plea
OR shall present a completed “DECLARATION OF INTERPRETER (TRANSLATOR)” form available from
the courtroom deputy clerk.
        7.       Counsel shall have their calendars available at the change of plea hearing in order
to schedule the sentencing hearing.

        Dated this 8th day of November, 2023.

                                                           BY THE COURT:

                                                           s/ Michael D. Nelson
                                                           United States Magistrate Judge

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