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05-267 - USA v. Preyear et al


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05-267 - USA v. Preyear et al
April 3, 2006
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JUDGMENT as to Daryl Nettles, Counts 1, 7, 9 - Dismissed on the motion of the government; Count 8 - Imprisonment: 87 months as to Count 8 w/recommendation to BOP that dft be imprisoned at an institution where a residential, comprehensive, substance abuse treatment program is available; SRT: 4 years w/special condition imposed that dft participate in a program of testing & treatment for drug &/or alcohol abuse as directed by the Probation Office; SA: $100.00. Signed by Judge Callie V. S. Granade on 4/3/06. (copies to AUSA, Dft's Attny, Appeals, BOP, Finance/USDC, Finance/USAO, Prob, P/T & 2 cert. to USM on 4/3/06) (tot, )
July 11, 2008
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ORDER as to Luckie Kwame Stevens GRANTING Dft's 454 Unopposed Motion to Continue-Ends of Justice as set out. Trial is CONTINUED to the August 2008 term w/jury selection set for 7/28/2008. Time excluded from 6/30/08 until 7/28/08. The Clerk is directed to refer this matter to the mag. judge to reschedule a pretrial conference for July 2008. The USM is ORDERED to proceed w/production of the previously writted prisoner witnesses for this case & NOT return them to the place(s) of confinement until the trial is over. Signed by Chief Judge Callie V. S. Granade on 7/11/08. (tot)
April 10, 2009
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JUDGMENT as to Luckie Kwame Stevens, Counts 1, 10 - Dismissed on motion of the Government; Counts 3-4 - Imprisonment: 37 months as to each of Counts 3 & 4, said terms to be served concurrently, w/recommendation to BOP that dft be imprisoned at an institution where a residential, comprehensive, substance abuse treatment program is available; SRT: 3 years on Count 3, & 5 years on Count 4, all such terms to run concurrently, w/special condition that dft participate in a program of testing & treatment for drug &/or alcohol abuse as directed by the Probation Office; SA: $200.00. Signed by Chief Judge Callie V. S. Granade on 4/10/09. (tot)
August 4, 2009
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ORDER entered granting 524 Motion to Reduce Sentence re Crack Cocaine Offense - 18:3582 for James Patrick Preyear. Defendant's previously imposed sentence of imprisonment of 281 months is REDUCED to 225 months. Signed by Judge Kristi K. DuBose on 8/3/09. (mca)
October 16, 2009
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JUDGMENT ON REVOCATION OF SUPERVISED RELEASE TERM, Sentence Imposed 10/15/2009 as to James Lavon Tunstall. Imprisonment 24 months. Signed by Chief Judge Callie V. S. Granade on 10/16/2009. (mab)
March 8, 2010
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ORDER entered as to Clennon Preyear. The court finds it appropriate to allow the petitioner to supplement his brief to respond to issues concerning his claim based on the magistrate judges mistrial order, and to allow the government to file a supplemental response addressing any new arguments raised by petitioner, if it deems such response to be necessary. Accordingly, it is hereby ORDERED that the petitioner shall file a supplemental brief addressing ONLY the petitioners added claim, including the procedural issues raised above, no later than March 29, 2010; and that the government may thereafter file a supplemental response thereto within fourteen days of the filing of petitioners supplemental brief. The court will take this matter under consideration at that time. Signed by Magistrate Judge Katherine P. Nelson on 3/5/2010. copy mailed to petitioner (mca)
April 1, 2010
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ORDER entered as to Clennon Preyear. It is hereby ORDERED that petitioners continued motion for appointment of counsel isDENIED. Signed by Magistrate Judge Katherine P. Nelson on 4/1/2010. copy mailed to petitioner (mca)
June 21, 2010
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ORDER entered granting 568 Motion seeking copies of certain documents as to Clennon Preyear. The Court hereby directs the Clerk to send to petitioner, at public expense, the three documents in which he consented to the jurisdiction of the Magistrate Judge to conduct jury selection, identified as documents 174, 209 and 221. It is ORDERED that, no later than 7/1/2010, petitioner my submit additional argument based on these three documents. Signed by Magistrate Judge Katherine P. Nelson on 6/21/2010. copy of Order and documents mailed to petitioner (mca)
July 14, 2010
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REPORT AND RECOMMENDATIONS as to Clennon Preyear re 513 MOTION to Vacate under 28 U.S.C. 2255 and 543 MOTION for Summary Judgment by Clennon Preyear. For reasons stated, the undersigned RECOMMENDS: 1) that defendant's Motion for Summary Judgment be DENIED; 2) that the petitioners untimely attempt to add a claim concerning the Magistrate Judges jurisdiction to declare a mistrial be deemed a motion to amend, and that said motion be denied as futile, 3) that the court find no hearing to be necessary upon the record and claims presented, and 4) that the Motion to Vacate, Set Aside or Correct Sentence be DENIED, 5) that Judgment be entered in favor of the defendant, and 6) that the judgment shall provide that no certificate of appealability should issue as to any claim, and that any appeal may not be brought in forma pauperis. Objections to R&R due by 7/28/2010. Signed by Magistrate Judge Katherine P. Nelson on 7/13/2010. (mca)
July 28, 2010
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ORDER ADOPTING REPORT AND RECOMMENDATIONS as to Clennon Preyear for 577 Report and Recommendations,,, 513 Motion to Vacate (2255) filed by Clennon Preyear, 543 Motion for Summary Judgment filed by Clennon Preyear, 563 Motion to Dismiss filed by USA, 519 Motion for Miscellaneous Relief filed by Clennon Preyear. Signed by Judge Kristi K. DuBose on 7/27/10. (adk)
September 3, 2010
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ORDER entered as to Clennon Preyear. Defendant's motion (doc. 584) is DENIED. Signed by Judge Kristi K. DuBose on 9/2/2010. copy of order mailed to petitioner (mca)
September 22, 2010
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REPORT AND RECOMMENDATION as to James Patrick Preyear re 569 MOTION to Vacate under 28 U.S.C. 2255 by James Patrick Preyear. It is hereby recommended that petitioner's motion to vacate be dismissed as untimely filed; that a certificate of appealability not be granted; and that any motion which petitioner may file seeking leave to appeal this ruling in forma pauperis be denied. Objections to R&R due by 10/6/2010. Signed by Magistrate Judge Katherine P. Nelson on 9/22/2010. copy mailed to petitioner (mca)
October 13, 2010
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ORDER ADOPTING REPORT AND RECOMMENDATION as to James Patrick Preyear for 569 Motion to Vacate (2255) filed by James Patrick Preyear, 588 Report and Recommendation. It is ORDERED that the petitioner's motion to vacate, set aside or correct sentence is DENIED, and that a Certificate of Appealability is DENIED. The Court further finds that any appeal from the judgment of this court may not be taken in forma pauperis. Signed by Judge Kristi K. DuBose on 10/13/2010. (mca)
January 11, 2012
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ORDER denying 601 Motion to Reduce Sentence re Crack Cocaine Offense - 18:3582 as to Yaki Domain Wallace. Signed by Judge Callie V. S. Granade on 1/11/2012. (copy to deft at address provided in motion) (mab)
September 5, 2012
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JUDGMENT ON REVOCATION OF SUPERVISED RELEASE TERM, Sentence Imposed 08/30/2012 as to Yaki Domain Wallace: Imprisonment 13 months. SRT 20 months. Special condition - substance abuse testing and treatment. Signed by Judge Callie V. S. Granade on 9/5/2012. (mab)
September 18, 2013
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REPORT AND RECOMMENDATION re 630 MOTION to Vacate under 28 U.S.C. 2255 filed by James Patrick Preyear. It is recommended that Petitioner's § 2255 Motion to Vacate, Set Aside, or Correct Sentence be DENIED, that this action be dismissed, and that judgment be entered in favor of Respondent, the United States of America, and against Petitioner, James Patrick Preyear. The undersigned Magistrate Judge further opines that Preyear is not entitled to the issuance of a certificate of appealability, and therefore, should be not permitted to proceed in forma pauperis. Objections to R&R due by 10/8/2013. Signed by Magistrate Judge Sonja F. Bivins on 9/17/2013. copy mailed to petitioner (mca)
October 4, 2013
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ORDER ADOPTING REPORT AND RECOMMENDATION as to James Patrick Preyear. After due and proper consideration of the issues raised, and a de novo determination of those portions of the Report and Recommendation to which objection (Doc. 633) is made, the Report and Recommendation (Doc. 632) of the Magistrate Judge is ADOPTED as the opinion of this Court. Accordingly, it is ORDERED that Petitioners present Motion to Vacate, Set Aside, or Correct Sentence pursuant to 28 U.S.C. § 2255 (Doc. 630) is DISMISSED and that Petitioner is not entitled to either a Certificate of Appealability or to appeal in forma pauperis. Signed by Judge Kristi K. DuBose on 10/4/2013. copy mailed to petitioner (mca)
June 20, 2014
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REPORT AND RECOMMENDATION re 636 MOTION to Vacate under 28 U.S.C. 2255 filed by James Patrick Preyear. It is recommended that Petitioners § 2255 Motion to Vacate, Set Aside, or Correct Sentence be DENIED, that this action be dismissed, and that judgment be entered in favor of Respondent, the United States of America, and against Petitioner, James Patrick Preyear. Objections to R&R due by 7/10/2014. Signed by Magistrate Judge Sonja F. Bivins on 6/20/2014. copy mailed to petitioner on 6/23/2014 (mca)
July 24, 2014
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ORDER ADOPTING REPORT AND RECOMMENDATION as to the 636 Motion to Vacate (2255) filed by James Patrick Preyear. It is ORDERED that Preyears petition for habeas corpus relief (Doc. 636) is DENIED and this action is DISMISSED, and further, that Preyear is not entitled to the issuance of a certificate of appealability or to proceed in forma pauperis on appeal. Signed by Judge Kristi K. DuBose on 7/24/2014. copy mailed to petitioner (mcb)
August 16, 2016
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ORDER dismissing for lack of jurisdiction 658 Motion to Vacate (2255) as to James Patrick Preyear. Signed by Judge Kristi K. DuBose on 8/11/2016. copy mailed to petitioner (mcb)