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03-253 - USA v. Burge


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03-253 - USA v. Burge
April 18, 2016
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ORDER, GRANTING 43 MOTION to Vacate under 28 U.S.C. 2255 filed by Joshua John Burge; GRANTING 49 MOTION for immediate release from custody on bail, and directing defendant to report to the U. S. Probation Office within 72 hours of release. The parties are ORDERED to show cause, on or before April 25, 2016, why the Court should not simply enter a new judgment in this case, sentencing defendant to hte 10 years (statutory maximum) which he has already served, followed by a one-year term of supervised release. Should the defendant desire a new sentencing hearing, he should notify the Court of that fact by 4/25/2016. Signed by Senior Judge Callie V. S. Granade on 4/18/2016. (copies to USM & to institution where deft is housed) (mab)
April 20, 2016
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AMENDED JUDGMENT as to Joshua John Burge, Count 1, Imprisonment 120 months as to count 1, said term to run concurrently with sentence imposed in state court cases as set out in judgment. Because the defendant has already served the 120 months, he shall be released from custody immediately, if he has not already been released. SRT 1 year; w/special conditions imposed as set out in judgment. SA 100.00. Signed by Senior Judge Callie V. S. Granade on 4/20/2016. (mab) (Main Document 64 replaced on 4/20/2016) (mab).