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97-054 - USA v. Lam


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97-054 - USA v. Lam
May 3, 2005
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ORDER: 391 USA's motion to dismiss defendant's motion to vacate guilty plea is GRANTED; 388, 390 defendant's motion for summary judgment is DENIED; and 379 defendant's motion to vacate guilty plea is DISMISSED; signed by Judge William B. Shubb on 05/02/05. (Kirkpatrick, S)
May 20, 2005
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ORDER signed by Judge William B. Shubb on 5/18/05 ORDERING that Defendant's Motion 396 of this Court's order of 5/2/05 is DENIED under both rule 11(e) and Rule 60(b). (Mena-Sanchez, L)
August 2, 2005
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ORDER signed by Judge William B. Shubb ORDERING Certificate of Appealability as to Tanh Huu Lam is DENIED. Clerk shall forward copy of this order and case file to USCA for filing in case 05-10388. (Waggoner, D)
September 21, 2005
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ORDER signed by Judge William B. Shubb on 09/19/05 ORDERING dft Lam's petition ofr relief from judgment under Rule 60(b) will be taken under submission. (Carlos, K)
November 30, 2005
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ORDER denying 403 Motion for relief under Rule 60(b) as to Tanh Huu Lam (1) signed by Judge William B. Shubb on 11/29/05. (Duong, D)
February 16, 2006
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ORDER signed by Judge William B. Shubb on 02/16/06 ORDERING that the government shall promptly pay restitution of approximately $9,733 to victims Ngoc Tran, Tri Tran, and Duc Tran. It is directed that this sum be divided evently between these three individuals. (Mena-Sanchez, L)
March 10, 2006
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ORDER signed by Judge William B. Shubb on 03/09/06 ORDERING that Defendant Tanh Huu Lam Motion to Stay this court's order of 02/16/06 pending his appeal424 is DENIED. (Mena-Sanchez, L)
March 24, 2006
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ORDER signed by Judge William B. Shubb on 03/23/06 ORDERING that the Motion for Reconsideration as to Tanh Huu Lam 426 is DENIED. (Mena-Sanchez, L)
May 20, 2009
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ORDER setting briefing schedule signed by Judge William B. Shubb on 5/20/2009 re 431 Defendant Tanh Huu Lam's MOTION to Invalidate Guilty Plea: Government's opposition due by 6/22/2009; Defendant's reply due by 7/6/2009. The court will then take the matter under submission pursuant to Eastern District Local Rule 78-230(h).(Kirksey Smith, K)
June 24, 2009
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ORDER signed by Judge William B. Shubb on 06/23/09 ORDERING that the gov't shall have until 06/29/09 to file its opposition to dft's 431 Motion to invalidate guilty plea. (Benson, A.)
July 9, 2009
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ORDER as to Tanh Huu Lam, signed by Judge William B. Shubb on 7/8/09 ORDERING that dft shall reply to the govt's opposition NO LATER THAN 7/21/09. If dft has not yet received the govt's opposition, he shall promptly notify the court NO LATER THAN 7/17/09, at which time the court may order further modifications to its briefing schedule. (Kastilahn, A).
August 20, 2009
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ORDER signed by Judge William B. Shubb on 8/19/2009 DENYING 431 motion to invalidate his guilty plea filed by Tanh Huu Lam (1). (Reader, L)
February 2, 2010
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ORDER as to Tanh Huu Lam signed by Judge William B. Shubb on 2/1/2010 ORDERING that a certificate of appealability is DENIED. (Engbretson, K.)
May 10, 2010
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ORDER signed by Judge William B. Shubb on 5/7/2010 ORDERING 452 that Tanh Huu Lam's petition for reconsideration of this court's Order 370 of 5/6/2003, dismissing his petition to vacate, set aside or correct his conviction and sentence pursuant to 28:2255 be, and the same hereby is, DENIED. (Reader, L)
August 4, 2010
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ORDER signed by Judge William B. Shubb on 8/3/10 ORDERING that Defendant's MOTION for Clarification, filed 8/2/10 455 are DENIED. Lam also again asks for a Certificate of Applealability, This REQUEST is again DENIED.(Mena-Sanchez, L)
March 4, 2015
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ORDER signed by Senior Judge William B. Shubb on 3/4/2015 DENYING defendant Tanh Huu Lam's 463 Motion for Recusal of Judge. (Marciel, M)
March 13, 2015
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 3/12/15 as to Tanh Huu Lam RECOMMENDING that 461 MOTION relief from judgment be denied and that a certificate of appealability should not be issued. Referred to Judge William B. Shubb. Objections due within 14 days. (Dillon, M)
April 28, 2015
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ORDER signed by Senior Judge William B. Shubb on 4/28/15 ORDERING that the FINDINGS and RECOMMENDATIONS filed 3/13/15 465 are ADOPTED in full; Movant's MOTION for Relief from Judgment 461 is DENIED; and The Court DECLINES to issue a Certificate of Appealability. (Mena-Sanchez, L)
April 19, 2017
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ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 4/19/2017 ORDERING that movant's 477, 480 motions to proceed ifp are DENIED; and movant's 482 motion for appointment of counsel is DENIED. IT IS RECOMMENDED that movant's 479 motion for relief from judgment, construed as a successive motion pursuant to 28 U.S.C. ยง 2255 be denied. Referred to Judge William B. Shubb; Objections to F&R are due within 14 days. (Yin, K)
May 18, 2017
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ORDER signed by Senior Judge William B. Shubb on 5/17/17 as to Tanh Huu Lam: 485 Request to amend the title of the pending motion is denied. 484 Findings and Recommendations are adopted in full. 479 Motion for relief from judgment is denied. The court declines to issue the certificate of appealability. (Kaminski, H)