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93-233 - USA v. Carrafa et al


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93-233 - USA v. Carrafa et al
August 6, 2007
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ORDER signed by Judge Gregory G. Hollows on 08/06/07 re 221 MOTION to VACATE, Set Aside or Correct Sentence under 28 U.S.C. 2255 ( Civil Action CIV S-07-1390 GEB.) as to Gerald Joseph Gallant. Respondent is directed to file an answer within 30 days. Movant's traverse due within 30 days thereafter. (cc: US Atty) (Manzer, C)
June 30, 2008
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[VACATED PURSUANT TO 241 ORDER] ORDER signed by Magistrate Judge Gregory G. Hollows on 6/30/08 ORDERING that movants purported motion pursuant to 28 U.S.C. § 2255, filed on June 6, 2008 [# 227], and his putative amended § 2255 motion, filed on June 25, 2008 [# 228], be stricken. (Kastilahn, A) Modified on 2/5/2009 (Yin, K).
October 21, 2008
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ORDER signed by Magistrate Judge Gregory G. Hollows on 10/21/08 as to Gerald Joseph Gallant; this Court is directed to serve a copy of this order on the Ninth Circuit Court of Appeals in Case Number 08-17184. (Manzer, C)
February 5, 2009
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ORDER as to Gerald Joseph Gallant signed by Magistrate Judge Gregory G. Hollows on 2/5/09 ORDERING the 230 order striking the movant's 228 amended section 2255 motion is hereby VACATED and this matter will proceed before Magistrate Judge Gregory G. Hollows; and movant's 221 motion has been modified, as of 1/30/09, and reflects that it was brought pursuant to 18 U.S.C. 3582. (Yin, K)
May 5, 2009
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ORDER as to Gerald Joseph Gallant signed by Magistrate Judge Gregory G. Hollows on 5/5/09 ORDERING that this matter proceeds on movant's 228 amended motion to vacate pursuant to 28 U.S.C. § 2255, which has superseded the 227 § 2255 motion. Resp is directed to file an answer to the amended motion within 30 days. The Clerk shall serve a copy of this order, together with a copy of the amended motion on the US Attorney. (Engbretson, K.)
June 24, 2009
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ORDER as to Gerald Joseph Gallant signed by Magistrate Judge Gregory G. Hollows on 6/23/09 ORDERING that, having failed to notify the court as to his current address, movant has forfeited his opportunity to file a reply/oppostion to respondent's 249 response to movant's amended 2255 motion, and this matter is now DEEMED submitted. (Yin, K)
July 21, 2009
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FINDINGS and RECOMMENDATIONS, as to Gerald Joseph Gallant, signed by Magistrate Judge Gregory G. Hollows on 7/21/09 RECOMMENDING that movant's 228 Amended Motion to Vacate, Set Aside or Correct Sentence under 28 U.S.C. 2255 be dismissed; and the clerk be directed to close the companion civil case No. CIV S-07-1390. Referred to Judge Garland E. Burrell, Jr., Objections to F&R due w/in 20 days. (Yin, K)
September 16, 2009
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ORDER ADOPTING FINDINGS and RECOMMENDATIONS IN FULL 252 as to Gerald Joseph Gallant signed by Judge Garland E. Burrell, Jr on 9/16/09: Movant's June 25, 2008, amended motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. § 2255 is dismissed 228.The Clerk of the Court is directed to close the companion civil case, No. CIV S-07-1390. (Kaminski, H)
May 10, 2016
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APPOINTMENT ORDER signed by Magistrate Judge Gregory G. Hollows on 5/9/2016 ORDERING the Federal Defender respectfully requests that the Office of the Federal Defender be RELIEVED from assuming appointment in the case and that Atorney Sandra Gillies be APPOINTED for defendant Gerald Joseph Gallant. (Reader, L)
November 17, 2016
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ORDER signed by Magistrate Judge Kendall J. Newman on 11/17/16 as to Gerald Joseph Gallant ordering that this proceeding 258 is stayed. Within twenty-one days from the date the Ninth Circuit renders a decision in No. 16-71793, counsel for movant shall notify this court. (Plummer, M)
February 15, 2017
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ORDER signed by Magistrate Judge Kendall J. Newman on 2/15/17 as to Gerald Joseph Gallant ORDERING that respondent is directed to file an answer within 30 days of the effective date of this order. Movants traverse, if any, is due on or before thirty days from the date respondents answer is filed. The Clerk of the Court shall serve a copy of this order, together with a copy of movants motion, on the United States Attorney or his authorized representative. (Dillon, M)
June 13, 2017
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STIPULATION and ORDER as to Gerald Joseph Gallant signed by District Judge Garland E. Burrell, Jr. on 6/13/2017 ORDERING that the 258 Motion to Vacate, Set Aside or Correct Sentence under 28 U.S.C. § 2255 is GRANTED. The 365 month sentence imposed 2/14/1997, is VACATED. The court finds Mr. Gallant's criminal history score to be 9, with a corresponding criminal history category IV, and his total offense level to be 35, with a corresponding guideline range of 235-293 months. The court commits Mr. Gallant to the Bureau of Prisons to be imprisoned for a term of 293 months. All other terms and conditions of the sentence imposed on 2/14/1997, remain in effect. (Zignago, K.)
June 13, 2017
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JUDGMENT and COMMITMENT signed by District Judge Garland E. Burrell, Jr on 6/13/17 as to Gerald Joseph Gallant. (Furstenau, S)