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16-8131 - McCabe v. USA


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16-8131 - McCabe v. USA
December 20, 2016
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ORDER - IT IS ORDERED denying the Government's "Motion to Stay Further Proceedings on the Motion to Vacate Sentence" (Doc. 4). IT IS FURTHER ORDERED that the Government shall file its Response to the Motion to Vacate (Doc. 1) within fourteen days of the date of this Order. (See document for further details). Signed by Magistrate Judge Eileen S Willett on 12/20/16. (LAD)
February 3, 2017
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ORDER on Appeal of Magistrate Judge Decision to District Court: the Magistrate Judge's Order 12 is affirmed; the appeal 13 is denied. Signed by Senior Judge James A Teilborg on 2/2/17. (REW)
January 30, 2018
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REPORT AND RECOMMENDATION re: 1 Motion to Vacate/Set Aside/Correct Sentence (2255) - IT IS RECOMMENDED that the Court dismiss Movant's challenge to his conviction on Count 3. IT IS FURTHER RECOMMENDED that the Court stay resolution of Movant's challenge to his conviction on Count 4 pending the Ninth Circuits decision in Begay and the Supreme Court's decision in Dimaya. IT IS FURTHER RECOMMENDED that the Court order the Government to file a Supplemental Response to the Motion to Vacate within thirty days from the date that both decisions in Begay and Dimaya have been issued. It is also recommended that the Court allow Movant to file a Supplemental Reply within seven days from the date of service of the Government's Supplemental Response. (See document for further details). Signed by Magistrate Judge Eileen S Willett on 1/30/18. (LAD)
April 23, 2018
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further proceedings and a further report and recommendation. (See document for further details). Signed by Senior Judge James A Teilborg on 4/23/18. (LAD)ORDER - IT IS ORDERED that the Report and Recommendation (Doc. 26) is rejected. IT IS FURTHER ORDERED that this matter is re-referred to Magistrate Judge Eileen S. Willett pursuant to Rules 72.1 and 72.2 of the Local Rules of Civil Procedure for
April 27, 2018
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ORDER: IT IS ORDERED staying this matter pending the Ninth Circuit's decision in United States v. Begay, No. 3:13-cr-08073-NVW-1 (D. Ariz. Jan. 29, 2014), appeal docketed, No. 14-10080 (9th Cir. Feb. 20, 2014). Within fourteen days after the decision in Begay is issued, the Government shall file a Supplemental Response. Movant may file a Supplemental Reply within seven days after service of the Supplemental Response. Signed by Magistrate Judge Eileen S Willett on 4/27/2018. (REK)