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16-8310 - Nakai v. USA


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16-8310 - Nakai v. USA
December 8, 2017
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REPORT AND RECOMMENDATION recommending that 6 the government's Motion to Dismiss the Motion to Vacate, Set Aside, or Correct Sentence by a person in Federal Custody pursuant to 28 U.S.C. § 2255 (Doc. 6) be GRANTED and that 9 Movant's Motion for Leave to Hold Case in Abeyance be DENIED. IT IS FURTHER RECOMMENDED that a Certificate of Appealability be DENIED because Defendant has not made a substantial showing of the denial of a constitutional right. Signed by Magistrate Judge John Z Boyle on 12/7/17. (LSP)
April 16, 2018
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ORDER: Magistrate Judge John Z. Boyle's R&R (Doc. 13) is accepted in part and rejected in part as explained above. The government's motion to dismiss (Doc. 6) is granted in part and denied in part. Ground One's claim that § 924(c) and (j) permit only one count per indictment is dismissed with prejudice. Ground Two is dismissed with prejudice. The motion for a stay (Doc. 9) is remanded for further review. Movant's request for a certificate of appealability is remanded for further review. This case is remanded to Magistrate Judge John Z. Boyle for further proceedings and a report and recommendation. Signed by Judge David G Campbell on 4/16/18. (EJA)