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02-418 - USA v. Lopez-Cuevas et al


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02-418 - USA v. Lopez-Cuevas et al
June 19, 2006
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ORDER signed by Judge Garland E. Burrell Jr. on 6/19/06 ORDERING dfts Lopez-Cuevas' and Antelmo Ontiveros' counsel to file a brief that provides an answer to the question whether the sentence previously imposed for each dft "would have been materially different had the district court known that the Guidelines were advisory...." no later than 7/19/06. (Carlos, K)ORDER signed by Judge Garland E. Burrell Jr. on 6/19/06 ORDERING dfts Lopez-Cuevas' and Antelmo Ontiveros' counsel to file a brief that provides an answer to the question whether the sentence previously imposed for each dft "would have been materially different had the district court known that the Guidelines were advisory...." no later than 7/19/06. (Carlos, K)
July 24, 2006
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STIPULATION AND ORDER Extending Briefing Date as to Antelmo Ontiveras signed by Judge Garland E. Burrell Jr. on 7/24/06. It is ORDERED that dft's Ameline brief shall be filed on or before 7/25/06. (Brown, T)
July 26, 2006
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STIPULATION and ORDER signed by Judge Garland E. Burrell Jr. on 7/25/06 ORDERING The briefing schedule set on 6/19/06 is RESET and is now due on 8/21/06. (Girgis, C)
August 24, 2006
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STIPULATION and ORDER signed by Judge Garland E. Burrell Jr. on 8/23/06 ORDERING the date for which dft Lopez-Cuevas's Ameline brief is due is CONTINUED to 9/25/06. (Carlos, K)
October 4, 2006
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STIPULATION and ORDER signed by Judge Garland E. Burrell Jr. on 10/4/2006 GRANTING 143 Stipulation and Proposed Order; Dft's Ameline brief which was due on 9/25/06 is now due on 10/30/2006. (Matson, R)
November 21, 2006
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ORDER signed by Judge Garland E. Burrell Jr. on 11/21/06 ORDERING that each defendant's Request for resentencing is DENIED. (Mena-Sanchez, L)ORDER signed by Judge Garland E. Burrell Jr. on 11/21/06 ORDERING that each defendant's Request for resentencing is DENIED. (Mena-Sanchez, L)ORDER signed by Judge Garland E. Burrell Jr. on 11/21/06 ORDERING that each defendant's Request for resentencing is DENIED. (Mena-Sanchez, L)
April 7, 2009
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ORDER as to Antelmo Ontiveras signed by Magistrate Judge Gregory G. Hollows on 04/07/09 ordering respondent is directed to file an answer within 30 days of the effective date of this order. Movant's traverse, if any is due on or before 30 days from the date respondent's answer is filed. The clerk of the court shall serve a copy of this order, together with a copy of movant's motion, on the US Attorney or authorized representative. (cc: AUSA) (Plummer, M)
June 25, 2009
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ORDER signed by Magistrate Judge Gregory G. Hollows on 06/25/05granting 169 Motion for an order finding waiver of the attorney client privilege as to Antelmo Ontiveras (3). Movant has waived attorney-client privilege as to all communications with his counsel regarding the ineffective assistance of counsel claims raised in the instant motion. (Plummer, M)
October 30, 2009
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ORDER signed by Magistrate Judge Gregory G. Hollows on 10/30/09 as to Fernando Lopez-Cuevas, Alejandro Hurtado, Antelmo Ontiveras ordering respondent is directed to file an answer within 30 days of the effective date of this order. Movant's traverse, if any, is due on or before 30 days from the date respondent's answer is filed. The clerk of the court shall serve a copy of this order, together with a copy of movant's motion, on the United States Attorney or his authorized representative. (Plummer, M)ORDER signed by Magistrate Judge Gregory G. Hollows on 10/30/09 as to Fernando Lopez-Cuevas, Alejandro Hurtado, Antelmo Ontiveras ordering respondent is directed to file an answer within 30 days of the effective date of this order. Movant's traverse, if any, is due on or before 30 days from the date respondent's answer is filed. The clerk of the court shall serve a copy of this order, together with a copy of movant's motion, on the United States Attorney or his authorized representative. (Plummer, M)ORDER signed by Magistrate Judge Gregory G. Hollows on 10/30/09 as to Fernando Lopez-Cuevas, Alejandro Hurtado, Antelmo Ontiveras ordering respondent is directed to file an answer within 30 days of the effective date of this order. Movant's traverse, if any, is due on or before 30 days from the date respondent's answer is filed. The clerk of the court shall serve a copy of this order, together with a copy of movant's motion, on the United States Attorney or his authorized representative. (Plummer, M)
November 24, 2009
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ORDER as to Fernando Lopez-Cuevas signed by Magistrate Judge Gregory G. Hollows on 11/24/2009 ORDERING that movant shall file response to respondent's 180 Motion for a Waiver of Attorney Client Privilege within 14 days. (Suttles, J)
January 20, 2010
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ORDER signed by Magistrate Judge Gregory G. Hollows on 01/20/10granting 180 Motion for an order finding a waiver of the attorney-client privilege as to Fernando Lopez-Cuevas (1). (Plummer, M)
February 2, 2010
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ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 02/02/10 ORDERING that movant's motion for an evidentiary hearing 185 is denied. Also, RECOMMENDING that movant's 03/16/09 motion to vacate, set aside, or correct his sentence pursuant to 28 USC 2255 163 be denied. The clerk of the court be directed to close the companion civil case CIV S-09-0739 GEB GGH. MOTION to VACATE, Set Aside or Correct Sentence under 28 U.S.C. 2255 163 referred to Judge Garland E. Burrell. Objections due within 21 days. (Plummer, M)
March 26, 2010
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ORDER signed by Judge Garland E. Burrell, Jr on 3/26/10 ORDERING, as to Antelmo Ontiveras, the findings and recommendations filed 2/2/10, are adopted in full; Movant's 3/16/09 motion to vacate, set aside, or correct his sentence 163 is denied; and the Clerk of the Court is directed to close the companion civil case, CIV S-09-0739 GEB GGH. (Becknal, R)
October 6, 2011
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[VACATED PURSUANT TO 209 ORDER] ORDER signed by Magistrate Judge Gregory G. Hollows on 10/6/2011, as to Fernando Lopez-Cuevas (1), DENYING movant's 206 motion to file a traverse and the traverse is STRICKEN; the Court Reporter shall prepare a transcript of the 2/11/04, in camera hearing and serve a copy of the transcript on movant and respondent, the prepared transcript shall be fwd to the clerk for filing UNDER SEAL. (cc: Kimberly Bennett) (Yin, K) Modified on 10/6/2011 (Yin, K).
October 6, 2011
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AMENDED ORDER signed by Magistrate Judge Gregory G. Hollows on 10/6/2011, as to Fernando Lopez-Cuevas (1), VACATING the 208 order; DENYING movant's 206 motion to file a traverse and the traverse is STRICKEN; the Court Reporter shall prepare a transcript of the 2/11/04, in camera hearing; the prepared transcript shall be fwd to the clerk for filing UNDER SEAL. (cc: Kimberly Bennett) (Yin, K)
October 20, 2011
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FINDINGS and RECOMMENDATIONS as to Fernando Lopez-Cuevas signed by Magistrate Judge Gregory G. Hollows on 10/20/2011 RECOMMENDING that movant's 176 motion to vacate, set aside or correct sentence under 28 U.S.C. 2255 be denied; and the clerk be directed to close the companion civil case No. CIV S-09-2876 GEB GGH. Referred to Judge Garland E. Burrell, objections due w/in 21 days. (Yin, K)
October 31, 2011
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ORDER as to Fernando Lopez-Cuevas (1) signed by Judge Garland E. Burrell, Jr. on 10/31/11: Upon reconsideration, the order of the magistrate judge filed October 6, 2011, is affirmed. (Kaminski, H)
November 22, 2011
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ORDER ADOPTING 211 FINDINGS and RECOMMENDATIONS signed by Judge Garland E. Burrell, Jr. on 11/22/11 as to Fernando Lopez-Cuevas; the 176 Motion to Vacate is DENIED; a certificate of appealability shall not issue in this case. (Manzer, C)
May 8, 2012
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ORDER signed by Judge Garland E. Burrell, Jr. on 5/8/2012 DENYING 219 defendants's Fernando Lopez-Cuevas request to appeal in formas pauperis. (Reader, L)
May 6, 2013
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 05/03/13 RECOMMENDING that movant's second motion filed pursuant to 28 USC 2255 225 is denied without prejudice for lack of jurisdiction. Motion 225 referred to District Judge Garland E. Burrell. Objections due within 14 days. (Plummer, M)
July 8, 2013
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ORDER ADOPTING FINDINGS and RECOMMENDATIONS signed by Judge Garland E. Burrell, Jr. on 7/5/2013 Findings and Recommendations 227 are ADOPTED in FULL; Movant's 225 Second Motion, pursuant to 28:2255 is DENIED without prejudice for lack of jurisdiction; the Clerk of the Court is directed to close the companion civil case, No. 2:13-CV-1214 GEB KJN; and the court DECLINES to issue the certificate of appealability referenced in 28:2253 as to Fernando Lopez-Cuevas. (Reader, L)
April 28, 2014
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FINDINGS and RECOMMENDATIONS, as to Fernando Lopez-Cuevas, signed by Magistrate Judge Kendall J. Newman on 4/28/2014 RECOMMENDING that movant's 235 motion be denied. Referred to Judge Garland E. Burrell, Jr.; Objections due within 14 days. (Yin, K)
June 16, 2014
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ORDER ADOPTING 236 FINDINGS and RECOMMENDATIONS as to Fernando Lopez-Cuevas signed by Judge Garland E. Burrell, Jr on 6/13/14. Movant's 235 Motion is DENIED. (Manzer, C)ORDER ADOPTING 236 FINDINGS and RECOMMENDATIONS as to Fernando Lopez-Cuevas signed by Judge Garland E. Burrell, Jr on 6/13/14. Movant's 235 Motion is DENIED. (Manzer, C)ORDER ADOPTING 236 FINDINGS and RECOMMENDATIONS as to Fernando Lopez-Cuevas signed by Judge Garland E. Burrell, Jr on 6/13/14. Movant's 235 Motion is DENIED. (Manzer, C)
September 18, 2015
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STIPULATION AND ORDER REDUCING SENTENCE pursuant to 18 U.S.C. ยง 3582(c)(2) signed by Judge Garland E. Burrell, Jr. on 9/18/2015 REDUCING the term of imprisonment imposed against Antelmo Ontiveras in May 2004 to a term of 151 months; ORDERING that all other terms and provisions of the original judgment remain in effect; DIRECTING the clerk to prepare an amended judgment reflecting the reduction in sentence and to serve said amended judgment on the U.S. Bureau of Prisons and the U.S. Probation Office forthwith; ORDERING Antelmo Ontiveras to report to the U.S. Probation Office within seventy-two hours after his release. (Michel, G.)
October 16, 2015
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AMENDED JUDGMENT REDUCING SENTENCE - USSC Amendment signed by Judge Garland E. Burrell, Jr on 10/16/15 (Furstenau, S)
January 13, 2016
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STIPULATION and ORDER REDUCING SENTENCE pursuant to 18 U.S.C. 3582(c)(2) - USSC Amendment signed by District Judge Garland E. Burrell, Jr. on 1/12/2016 as to Fernando Lopez-Cuevas. The term of imprisonment imposed in May 2004 is reduced to a term of 235 months. (Zignago, K.)
April 18, 2016
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AMENDED JUDGMENT REDUCING SENTENCE - USSC Amendment signed by District Judge Garland E. Burrell, Jr on 4/18/16 (Furstenau, S)