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95-504 - USA v. Buenrostro et al


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95-504 - USA v. Buenrostro et al
December 19, 2007
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ORDER as to Jose Luis Buen Rostro signed by Judge William B. Shubb on 12/18/07 re 323 ORDERING that The United States Attorney shall file a response to the Motion on or before January 25, 2008. Defendant shall file his reply, if any, on or before February 8, 2008. The matter will then be taken under submission. (Duong, D)
March 13, 2008
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ORDER signed by Judge William B. Shubb on 03/12/08 GRANTING 330 USA's Motion for 30 day Extension of Time to respond to dft's motion. (Benson, A)
March 27, 2008
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ORDER ON MOTION TO CONTINUE as to Jose Luis Buen Rostro signed by Judge William B. Shubb on 3/27/08 ORDERING the hearing on Government's Motion to Dismiss Rule 60(b) 334 is CONTINUED to 4/28/2008 at 08:30 AM in Courtroom 5 (WBS) before Judge William B. Shubb. (Krueger, M)
April 30, 2008
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ORDER signed by Judge William B. Shubb on 4/29/08 GRANTING 334 Motion to DISMISS as to Jose Luis Buen Rostro (1). (Dillon, M) Modified on 4/30/2008 (Dillon, M).
May 12, 2008
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ORDER signed by Judge William B. Shubb on 5/9/2008 ORDERING 342 that a certificate of appealability is hereby issued; GRANTING defendant's motion to proceed with his appeal in forma pauperis; DENYING without prejudice Defendant's motion for appointment of counsel on appeal, to its being renewed in the Court of Appeals as to Jose Luis Buen Rostro. (Reader, L)
January 10, 2012
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ORDER signed by Judge William B. Shubb on 1/9/2012 ACCORDINGLY Defendant's #355 Motion to recall the mandate, or for relief under 28:1651 is DENIED, as to Jose Luis Buen Rostro (1). (Reader, L)
January 12, 2012
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ORDER signed by Judge William B. Shubb on 01/11/12 ORDERING that Buenrostro's 357 Motion for Appointment of Counsel is DENIED; there is nothing presently pending before this court in this matter. (Benson, A.)
January 17, 2013
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ORDER as to Jose Luis Buen Rostro signed by Senior Judge William B. Shubb on 1/16/2013 ORDERING that the United States shall file an opposition to petitioner's 359 motion to vacate pursuant to 28 USC 2255 no later than 2/15/2013. Petitioner may then file a reply no later than 3/1/2013. The court will then take the motion under submission and will inform the parties if oral argument or further proceedings are necessary. (Zignago, K.)
May 23, 2013
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ORDER signed by Senior Judge William B. Shubb on 5/23/2013 ORDERING that defendant's 359 Motion for Relief from Judgment in prior 28 U.S.C. § 2255 Proceeding is DENIED. (Zignago, K.)
June 18, 2013
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ORDER signed by Senior Judge William B. Shubb on 6/17/13 GRANTING 377 Motion to Proceed IFP as to Jose Luis Buen Rostro (1). (cc: 9th Circuit) (Manzer, C)
August 13, 2013
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ORDER signed by Senior Judge William B. Shubb on 8/12/2013 DENYING a Certificate of Appealability as to Jose Luis Buen Rostro re 383 USCA Order. (cc: Appeals Court - Ninth Circuit) (Michel, G)
June 21, 2016
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ORDER signed by Senior Judge William B. Shubb on 6/21/2016 as to Jose Luis Buenrostro re 390 MOTION to VACATE, Set Aside or Correct Sentence under 28 U.S.C. 2255: United States shall file an opposition to petitioner's motion no later than 7/22/2016. Petitioner may then file a reply no later than 8/5/2016. The court will then take the motion under submission and will inform the parties if oral argument or further proceedings are necessary. (Kirksey Smith, K)
July 12, 2016
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ORDER signed by Senior Judge William B. Shubb on 7/11/2016 as to Jose Luis Buenrostro re 387 MOTION to REDUCE SENTENCE PURSUANT TO 18 USC 3582(c)(2): Government's opposition due by 8/15/2016. Defendant's reply due by 8/30/2016. (Kirksey Smith, K)
July 14, 2016
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ORDER signed by Senior Judge William B. Shubb on 7/13/2016 REFERRING 390 Motion to Vacate, Set Aside or Correct Sentence under 28 U.S.C. § 2255, 395 Motion to Dismiss as to Jose Luis Buenrostro to Magistrate Judge Allison Claire for all furhter proceedings; ORDERING that the previously set briefing schedule re 391 Order remain in effect. (Michel, G.)
August 3, 2016
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EXECUTIVE GRANT of CLEMENCY signed by President Barack Obama on 8/3/2016. The total sentence of imprisonment imposed upon Jose Luis Buenrostro #57530-097 is COMMUTED to 360 months imprisonment. The term of supervised released imposed by the court stays in tact. (cc Probation, BOP) (Donati, J)
August 11, 2016
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ORDER signed by Magistrate Judge Allison Claire on 8/10/16 as to Jose Luis Buenrostro ORDERING that movant's motion to withdraw (ECF No. 402) is GRANTED. The motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. § 2255 (ECF No. 390) and motion for stay (ECF No. 401) are withdrawn and this action is dismissed without prejudice. Fed. R. Civ. P.41(a); see also Rule 12, Rules Governing Habeas Corpus Cases Under Section 2255. Respondent's motion to dismiss (ECF No. 395) is DENIED as moot. (Dillon, M)
August 25, 2016
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ORDER signed by Senior Judge William B. Shubb on 8/25/2016 as to Jose Luis Buenrostro: The government shall file its response to 405 Defendant's Expedited Motion for Release Pending Review of Decision on or before August 31, 2016, and defendant shall file his reply on or before September 7, 2016. The 406 Government's Motion for an Extension of Time to Respond to Defendant's Motion to Reduce Sentence (Docket No. 406) is GRANTED. The government's opposition shall be filed on or before August 31, 2016. The defendant's reply shall be filed on or before September 7, 2016. On or before August 31, 2016, the government shall file a brief setting forth its position on what effect the President's grant of executive clemency on August 3, 2016 should have, if any, on the pending motions. (Kirksey Smith, K)
August 29, 2016
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ORDER signed by Senior Judge William B. Shubb on 8/26/16 as to Jose Luis Buenrostro, ORDERING that CJA Panel Attorney John Paul Balazs is appointed, efective 8/25/2016, to represent defendant Jose Luis Buenrostro. (Kastilahn, A)
September 9, 2016
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STIPULATION and ORDER as to Jose Luis Buenrostro signed by Senior Judge William B. Shubb on 9/8/2016 ORDERING an EXTENSION of the due date for defendant's reply brief to the government's opposition to defendant's motion to reduce his sentence under 18 U.S.C. §3582(c)(2) to 9/30/2016. (Jackson, T)
September 29, 2016
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STIPULATION and ORDER as to Jose Luis Buenrostro signed by Senior Judge William B. Shubb on 9/28/2016 ORDERING that defendant's reply brief re 387 motion to reduce his sentence under 18 USC 3582(c)(2) - USSC Amendment is due 10/14/2016. (Zignago, K.)
November 23, 2016
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ORDER as to defendant Jose Luis Buenrostro signed by Senior Judge William B. Shubb on 11/23/2016 DENYING 387 Motion to Reduce Sentence - USSC Amendment for (1) Count 1; DENYING 389 Motion to Expedite Disposition/Determination pursuant to unresolved 18:3582; and DENYING 405 Motion for Bail Review. (Kirksey Smith, K)
February 7, 2017
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ORDER; FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 2/6/17 ORDERING that movant's request for a ruling on his motion for leave to file a motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. § 2255 (ECF No. 424) is GRANTED to the extent that findings and recommendations have now been made to the District Judge regarding disposition of the motion for leave to file a § 2255 motion. It is RECOMMENDED that Movant's motion for release pending review of his proposed motion to vacate, set aside, or correct his sentence (ECF No. 425) be denied; Movants motion for leave to file a motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. § 2255 (ECF No. 416) be denied. Referred to Judge William B. Shubb. Objections due within 21 days. (Dillon, M)
March 1, 2017
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ORDER ADOPTING FINDINGS and RECOMMENDATIONS signed by Senior Judge William B. Shubb on 2/28/2017 as to Jose Luis Buenrostro ADOPTING in FULL 430 Findings and Recommendations DENYING 425 Motion for Bail Review, DENYING 416 Motion for Miscellaneous Relief. For the reasons fully explained in the findings and recommendations of the magistrate judge, the court DECLINES to issue the certificate of appealability. (Washington, S) Modified on 3/1/2017 (Washington, S).