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99-433 - USA v. Luong et al


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99-433 - USA v. Luong et al
October 18, 2002
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MEMORANDUM AND ORDER RE DEFENDANT BAO LU'S MOTION TO DISMISS BASED ON POST INDICTMENT DELAY by Chief Judge William B Shubb ORDERING that Motion to dismiss indictment for denial of speedy trial by defendant Hoang Nguyen [229-1] DENIED (cc: all counsel) (lm)MEMORANDUM AND ORDER RE DEFENDANT BAO LU'S MOTION TO DISMISS BASED ON POST INDICTMENT DELAY by Chief Judge William B Shubb ORDERING that Motion to dismiss indictment for denial of speedy trial by defendant Hoang Nguyen [229-1] DENIED (cc: all counsel) (lm)MEMORANDUM AND ORDER RE DEFENDANT BAO LU'S MOTION TO DISMISS BASED ON POST INDICTMENT DELAY by Chief Judge William B Shubb ORDERING that Motion to dismiss indictment for denial of speedy trial by defendant Hoang Nguyen [229-1] DENIED (cc: all counsel) (lm)MEMORANDUM AND ORDER RE DEFENDANT BAO LU'S MOTION TO DISMISS BASED ON POST INDICTMENT DELAY by Chief Judge William B Shubb ORDERING that Motion to dismiss indictment for denial of speedy trial by defendant Hoang Nguyen [229-1] DENIED (cc: all counsel) (lm)MEMORANDUM AND ORDER RE DEFENDANT BAO LU'S MOTION TO DISMISS BASED ON POST INDICTMENT DELAY by Chief Judge William B Shubb ORDERING that Motion to dismiss indictment for denial of speedy trial by defendant Hoang Nguyen [229-1] DENIED (cc: all counsel) (lm)MEMORANDUM AND ORDER RE DEFENDANT BAO LU'S MOTION TO DISMISS BASED ON POST INDICTMENT DELAY by Chief Judge William B Shubb ORDERING that Motion to dismiss indictment for denial of speedy trial by defendant Hoang Nguyen [229-1] DENIED (cc: all counsel) (lm)MEMORANDUM AND ORDER RE DEFENDANT BAO LU'S MOTION TO DISMISS BASED ON POST INDICTMENT DELAY by Chief Judge William B Shubb ORDERING that Motion to dismiss indictment for denial of speedy trial by defendant Hoang Nguyen [229-1] DENIED (cc: all counsel) (lm)
November 7, 2002
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MEMORANDUM AND ORDER by Chief Judge William B. Shubb motion to Sever Defendants and Counts of the Indictment for misjoinder and Prejudicial Joinder by defendant Hoang Ai Le is [259-1] DENIED (cc: all counsel) (mdp)MEMORANDUM AND ORDER by Chief Judge William B. Shubb motion to Sever Defendants and Counts of the Indictment for misjoinder and Prejudicial Joinder by defendant Hoang Ai Le is [259-1] DENIED (cc: all counsel) (mdp)MEMORANDUM AND ORDER by Chief Judge William B. Shubb motion to Sever Defendants and Counts of the Indictment for misjoinder and Prejudicial Joinder by defendant Hoang Ai Le is [259-1] DENIED (cc: all counsel) (mdp)MEMORANDUM AND ORDER by Chief Judge William B. Shubb motion to Sever Defendants and Counts of the Indictment for misjoinder and Prejudicial Joinder by defendant Hoang Ai Le is [259-1] DENIED (cc: all counsel) (mdp)MEMORANDUM AND ORDER by Chief Judge William B. Shubb motion to Sever Defendants and Counts of the Indictment for misjoinder and Prejudicial Joinder by defendant Hoang Ai Le is [259-1] DENIED (cc: all counsel) (mdp)MEMORANDUM AND ORDER by Chief Judge William B. Shubb motion to Sever Defendants and Counts of the Indictment for misjoinder and Prejudicial Joinder by defendant Hoang Ai Le is [259-1] DENIED (cc: all counsel) (mdp)MEMORANDUM AND ORDER by Chief Judge William B. Shubb motion to Sever Defendants and Counts of the Indictment for misjoinder and Prejudicial Joinder by defendant Hoang Ai Le is [259-1] DENIED (cc: all counsel) (mdp)
November 7, 2002
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MEMORANDUM AND ORDER by Chief Judge William B. Shubb motion to sever defendants and for separate trial by defendant John That Luong is [270-1] DENIED (cc: all counsel) (mdp)MEMORANDUM AND ORDER by Chief Judge William B. Shubb motion to sever defendants and for separate trial by defendant John That Luong is [270-1] DENIED (cc: all counsel) (mdp)MEMORANDUM AND ORDER by Chief Judge William B. Shubb motion to sever defendants and for separate trial by defendant John That Luong is [270-1] DENIED (cc: all counsel) (mdp)MEMORANDUM AND ORDER by Chief Judge William B. Shubb motion to sever defendants and for separate trial by defendant John That Luong is [270-1] DENIED (cc: all counsel) (mdp)MEMORANDUM AND ORDER by Chief Judge William B. Shubb motion to sever defendants and for separate trial by defendant John That Luong is [270-1] DENIED (cc: all counsel) (mdp)MEMORANDUM AND ORDER by Chief Judge William B. Shubb motion to sever defendants and for separate trial by defendant John That Luong is [270-1] DENIED (cc: all counsel) (mdp)MEMORANDUM AND ORDER by Chief Judge William B. Shubb motion to sever defendants and for separate trial by defendant John That Luong is [270-1] DENIED (cc: all counsel) (mdp)
November 7, 2002
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MEMORANDUM AND ORDER by Chief Judge William B. Shubb motion for severance by defendant Son Van Nguyen is [276-1] DENIED (cc: all counsel) (mdp)MEMORANDUM AND ORDER by Chief Judge William B. Shubb motion for severance by defendant Son Van Nguyen is [276-1] DENIED (cc: all counsel) (mdp)MEMORANDUM AND ORDER by Chief Judge William B. Shubb motion for severance by defendant Son Van Nguyen is [276-1] DENIED (cc: all counsel) (mdp)MEMORANDUM AND ORDER by Chief Judge William B. Shubb motion for severance by defendant Son Van Nguyen is [276-1] DENIED (cc: all counsel) (mdp)MEMORANDUM AND ORDER by Chief Judge William B. Shubb motion for severance by defendant Son Van Nguyen is [276-1] DENIED (cc: all counsel) (mdp)MEMORANDUM AND ORDER by Chief Judge William B. Shubb motion for severance by defendant Son Van Nguyen is [276-1] DENIED (cc: all counsel) (mdp)MEMORANDUM AND ORDER by Chief Judge William B. Shubb motion for severance by defendant Son Van Nguyen is [276-1] DENIED (cc: all counsel) (mdp)
February 13, 2003
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MEMORANDUM AND ORDER by Chief Judge William B. Shubb: motion to dismiss indictment [330-1] or stay proceedings on the grounds that the racial composition of the jury wheel from which his trial jury is to be selected violates the Jury Selection and Service Act of 1968 and the Equal protection Clause be, and the same hereby is, DENIED (cc: all counsel) (daw) Modified on 02/13/2003MEMORANDUM AND ORDER by Chief Judge William B. Shubb: motion to dismiss indictment [330-1] or stay proceedings on the grounds that the racial composition of the jury wheel from which his trial jury is to be selected violates the Jury Selection and Service Act of 1968 and the Equal protection Clause be, and the same hereby is, DENIED (cc: all counsel) (daw) Modified on 02/13/2003MEMORANDUM AND ORDER by Chief Judge William B. Shubb: motion to dismiss indictment [330-1] or stay proceedings on the grounds that the racial composition of the jury wheel from which his trial jury is to be selected violates the Jury Selection and Service Act of 1968 and the Equal protection Clause be, and the same hereby is, DENIED (cc: all counsel) (daw) Modified on 02/13/2003MEMORANDUM AND ORDER by Chief Judge William B. Shubb: motion to dismiss indictment [330-1] or stay proceedings on the grounds that the racial composition of the jury wheel from which his trial jury is to be selected violates the Jury Selection and Service Act of 1968 and the Equal protection Clause be, and the same hereby is, DENIED (cc: all counsel) (daw) Modified on 02/13/2003MEMORANDUM AND ORDER by Chief Judge William B. Shubb: motion to dismiss indictment [330-1] or stay proceedings on the grounds that the racial composition of the jury wheel from which his trial jury is to be selected violates the Jury Selection and Service Act of 1968 and the Equal protection Clause be, and the same hereby is, DENIED (cc: all counsel) (daw) Modified on 02/13/2003MEMORANDUM AND ORDER by Chief Judge William B. Shubb: motion to dismiss indictment [330-1] or stay proceedings on the grounds that the racial composition of the jury wheel from which his trial jury is to be selected violates the Jury Selection and Service Act of 1968 and the Equal protection Clause be, and the same hereby is, DENIED (cc: all counsel) (daw) Modified on 02/13/2003MEMORANDUM AND ORDER by Chief Judge William B. Shubb: motion to dismiss indictment [330-1] or stay proceedings on the grounds that the racial composition of the jury wheel from which his trial jury is to be selected violates the Jury Selection and Service Act of 1968 and the Equal protection Clause be, and the same hereby is, DENIED (cc: all counsel) (daw) Modified on 02/13/2003
February 13, 2003
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MEMORANDUM AND ORDER by Chief Judge William B. Shubb: motion to dismiss indictment for denial of speedy trial by defendant Hoang Nguyen aka Bao Lu [380-1] DENIED (cc: all counsel) (daw)MEMORANDUM AND ORDER by Chief Judge William B. Shubb: motion to dismiss indictment for denial of speedy trial by defendant Hoang Nguyen aka Bao Lu [380-1] DENIED (cc: all counsel) (daw)MEMORANDUM AND ORDER by Chief Judge William B. Shubb: motion to dismiss indictment for denial of speedy trial by defendant Hoang Nguyen aka Bao Lu [380-1] DENIED (cc: all counsel) (daw)MEMORANDUM AND ORDER by Chief Judge William B. Shubb: motion to dismiss indictment for denial of speedy trial by defendant Hoang Nguyen aka Bao Lu [380-1] DENIED (cc: all counsel) (daw)MEMORANDUM AND ORDER by Chief Judge William B. Shubb: motion to dismiss indictment for denial of speedy trial by defendant Hoang Nguyen aka Bao Lu [380-1] DENIED (cc: all counsel) (daw)MEMORANDUM AND ORDER by Chief Judge William B. Shubb: motion to dismiss indictment for denial of speedy trial by defendant Hoang Nguyen aka Bao Lu [380-1] DENIED (cc: all counsel) (daw)MEMORANDUM AND ORDER by Chief Judge William B. Shubb: motion to dismiss indictment for denial of speedy trial by defendant Hoang Nguyen aka Bao Lu [380-1] DENIED (cc: all counsel) (daw)
February 14, 2003
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MEMORANDUM AND ORDER by Chief Judge William B. Shubb: dft Hoang Ai Le's motion to dismiss indictment based on double jeopardy be, and the same hereby is, DENIED; dft Le's motion to dismiss indictment based on violation of due process be, and the same hereby is, DENIED (cc: all counsel) (daw)MEMORANDUM AND ORDER by Chief Judge William B. Shubb: dft Hoang Ai Le's motion to dismiss indictment based on double jeopardy be, and the same hereby is, DENIED; dft Le's motion to dismiss indictment based on violation of due process be, and the same hereby is, DENIED (cc: all counsel) (daw)MEMORANDUM AND ORDER by Chief Judge William B. Shubb: dft Hoang Ai Le's motion to dismiss indictment based on double jeopardy be, and the same hereby is, DENIED; dft Le's motion to dismiss indictment based on violation of due process be, and the same hereby is, DENIED (cc: all counsel) (daw)MEMORANDUM AND ORDER by Chief Judge William B. Shubb: dft Hoang Ai Le's motion to dismiss indictment based on double jeopardy be, and the same hereby is, DENIED; dft Le's motion to dismiss indictment based on violation of due process be, and the same hereby is, DENIED (cc: all counsel) (daw)MEMORANDUM AND ORDER by Chief Judge William B. Shubb: dft Hoang Ai Le's motion to dismiss indictment based on double jeopardy be, and the same hereby is, DENIED; dft Le's motion to dismiss indictment based on violation of due process be, and the same hereby is, DENIED (cc: all counsel) (daw)MEMORANDUM AND ORDER by Chief Judge William B. Shubb: dft Hoang Ai Le's motion to dismiss indictment based on double jeopardy be, and the same hereby is, DENIED; dft Le's motion to dismiss indictment based on violation of due process be, and the same hereby is, DENIED (cc: all counsel) (daw)MEMORANDUM AND ORDER by Chief Judge William B. Shubb: dft Hoang Ai Le's motion to dismiss indictment based on double jeopardy be, and the same hereby is, DENIED; dft Le's motion to dismiss indictment based on violation of due process be, and the same hereby is, DENIED (cc: all counsel) (daw)
February 14, 2003
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MEMORANDUM AND ORDER by Chief Judge William B. Shubb: motion to suppress evidence from electronic surveilance by defendant Hoang Ai Le [328-1] DENIED (cc: all counsel) (daw)MEMORANDUM AND ORDER by Chief Judge William B. Shubb: motion to suppress evidence from electronic surveilance by defendant Hoang Ai Le [328-1] DENIED (cc: all counsel) (daw)MEMORANDUM AND ORDER by Chief Judge William B. Shubb: motion to suppress evidence from electronic surveilance by defendant Hoang Ai Le [328-1] DENIED (cc: all counsel) (daw)MEMORANDUM AND ORDER by Chief Judge William B. Shubb: motion to suppress evidence from electronic surveilance by defendant Hoang Ai Le [328-1] DENIED (cc: all counsel) (daw)MEMORANDUM AND ORDER by Chief Judge William B. Shubb: motion to suppress evidence from electronic surveilance by defendant Hoang Ai Le [328-1] DENIED (cc: all counsel) (daw)MEMORANDUM AND ORDER by Chief Judge William B. Shubb: motion to suppress evidence from electronic surveilance by defendant Hoang Ai Le [328-1] DENIED (cc: all counsel) (daw)MEMORANDUM AND ORDER by Chief Judge William B. Shubb: motion to suppress evidence from electronic surveilance by defendant Hoang Ai Le [328-1] DENIED (cc: all counsel) (daw)
February 24, 2003
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ORDER by Chief Judge William B. Shubb ORDERING that dft Hoang Ai Le's motion to suppress evidence from electronic surveilance [328-1] is DENIED as to all other dfts who have joined in it for the reasons stated in the court's 2/14/03 order [405-1] (cc: all counsel) (crf)ORDER by Chief Judge William B. Shubb ORDERING that dft Hoang Ai Le's motion to suppress evidence from electronic surveilance [328-1] is DENIED as to all other dfts who have joined in it for the reasons stated in the court's 2/14/03 order [405-1] (cc: all counsel) (crf)ORDER by Chief Judge William B. Shubb ORDERING that dft Hoang Ai Le's motion to suppress evidence from electronic surveilance [328-1] is DENIED as to all other dfts who have joined in it for the reasons stated in the court's 2/14/03 order [405-1] (cc: all counsel) (crf)ORDER by Chief Judge William B. Shubb ORDERING that dft Hoang Ai Le's motion to suppress evidence from electronic surveilance [328-1] is DENIED as to all other dfts who have joined in it for the reasons stated in the court's 2/14/03 order [405-1] (cc: all counsel) (crf)ORDER by Chief Judge William B. Shubb ORDERING that dft Hoang Ai Le's motion to suppress evidence from electronic surveilance [328-1] is DENIED as to all other dfts who have joined in it for the reasons stated in the court's 2/14/03 order [405-1] (cc: all counsel) (crf)ORDER by Chief Judge William B. Shubb ORDERING that dft Hoang Ai Le's motion to suppress evidence from electronic surveilance [328-1] is DENIED as to all other dfts who have joined in it for the reasons stated in the court's 2/14/03 order [405-1] (cc: all counsel) (crf)ORDER by Chief Judge William B. Shubb ORDERING that dft Hoang Ai Le's motion to suppress evidence from electronic surveilance [328-1] is DENIED as to all other dfts who have joined in it for the reasons stated in the court's 2/14/03 order [405-1] (cc: all counsel) (crf)
July 26, 2005
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ORDER signed by Judge William B. Shubb on 7/25/05 ORDERING that 678 Motion for Medical Exam as to Minh - Huynh is GRANTED. The US Marshals Service, or whoever has custody of defendant Minh Huynh, to arrange for him to recieve a dental examination forthwith, and that, he be provided with any further dental treatment that my be necessary. (2) (Mena-Sanchez, L)
October 24, 2005
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ORDER signed by Judge William B. Shubb on 10/21/05 as to John That Luong ORDERING Motions Deadline extended to 12/5/2005. (Carlos, K)
November 23, 2005
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ORDER to Show Cause signed by Judge William B. Shubb on 11/23/05 ORDERING: Victor Haltom to refund to the US all attorney fees which he has received for the representation of Minh Huynh in this matter or show cause why he should not be adjudged in contempt for failure to do so. (Brown, T)
December 1, 2005
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ORDER signed by Judge William B. Shubb on 11/30/05 as to Minh Huynh ORDERING Victor S. Haltom to file a response to the court's order to show cause 698 on or before 12/23/05. (Carlos, K)
December 23, 2005
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ORDER signed by Judge William B. Shubb on 12/22/05 ORDERING that Victor S. Haltom shall file a response to this court's order to show cause on or before 1/25/06. (Mena-Sanchez, L)
January 24, 2006
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ORDER signed by Judge William B. Shubb on 01/23/06 ORDERING that defendant Minh - Huynh be allowed calls weekly to his attorney, Christopher Haydn-Myer, and his court appointed investigator, Loc Ngo. (Mena-Sanchez, L)
January 26, 2006
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ORDER signed by Judge William B. Shubb on 01/25/06 ORDERING that the court reporter shall provide to John R. Duree, Jr. a transcript of the hearing in this case on 11/23/05, including the sealed portion of that hearing. Victor S. Haltom shall file a response to this court's OSC on or before 02/27/06. (Mena-Sanchez, L)
February 8, 2006
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ORDER as to John That Luong, Thongsouk Theng Lattanaphon, Son Van Nguyen, Hoang Ai Le signed by Judge William B. Shubb on 2/7/06 re 736 ORDERING that the following briefing schedule is adopted: Responses due by 3/9/2006. Replies due by 3/23/2006. Hearing set for 3/30/2006 at 02:00 PM in Courtroom 5 (WBS) before Judge William B. Shubb ***Excludable started as to John That Luong, Thongsouk Theng Lattanaphon, Son Van Nguyen, Hoang Ai Le: XT4 Start: 2/9/06 Stop: 3/30/06 . (Duong, D)ORDER as to John That Luong, Thongsouk Theng Lattanaphon, Son Van Nguyen, Hoang Ai Le signed by Judge William B. Shubb on 2/7/06 re 736 ORDERING that the following briefing schedule is adopted: Responses due by 3/9/2006. Replies due by 3/23/2006. Hearing set for 3/30/2006 at 02:00 PM in Courtroom 5 (WBS) before Judge William B. Shubb ***Excludable started as to John That Luong, Thongsouk Theng Lattanaphon, Son Van Nguyen, Hoang Ai Le: XT4 Start: 2/9/06 Stop: 3/30/06 . (Duong, D)ORDER as to John That Luong, Thongsouk Theng Lattanaphon, Son Van Nguyen, Hoang Ai Le signed by Judge William B. Shubb on 2/7/06 re 736 ORDERING that the following briefing schedule is adopted: Responses due by 3/9/2006. Replies due by 3/23/2006. Hearing set for 3/30/2006 at 02:00 PM in Courtroom 5 (WBS) before Judge William B. Shubb ***Excludable started as to John That Luong, Thongsouk Theng Lattanaphon, Son Van Nguyen, Hoang Ai Le: XT4 Start: 2/9/06 Stop: 3/30/06 . (Duong, D)ORDER as to John That Luong, Thongsouk Theng Lattanaphon, Son Van Nguyen, Hoang Ai Le signed by Judge William B. Shubb on 2/7/06 re 736 ORDERING that the following briefing schedule is adopted: Responses due by 3/9/2006. Replies due by 3/23/2006. Hearing set for 3/30/2006 at 02:00 PM in Courtroom 5 (WBS) before Judge William B. Shubb ***Excludable started as to John That Luong, Thongsouk Theng Lattanaphon, Son Van Nguyen, Hoang Ai Le: XT4 Start: 2/9/06 Stop: 3/30/06 . (Duong, D)
March 14, 2006
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STIPULATION AND ORDER signed by Judge William B. Shubb on 3/10/06 ORDERING that the Revised Law and Motion Schedule as to John That Luong, Thongsouk Theng Lattanaphon, Son Van Nguyen, Hoang Ai Le 749 is ADOPTED. Government's Response to Defendants' Motions to be filed on 3/23/2006. Defendants' Reply, if any, to be filed by 4/6/2006. Hearing on the Motions is SET for 4/19/2006 at 10:00 AM in Courtroom 5 (WBS) before Judge William B. Shubb. (Mena-Sanchez, L)STIPULATION AND ORDER signed by Judge William B. Shubb on 3/10/06 ORDERING that the Revised Law and Motion Schedule as to John That Luong, Thongsouk Theng Lattanaphon, Son Van Nguyen, Hoang Ai Le 749 is ADOPTED. Government's Response to Defendants' Motions to be filed on 3/23/2006. Defendants' Reply, if any, to be filed by 4/6/2006. Hearing on the Motions is SET for 4/19/2006 at 10:00 AM in Courtroom 5 (WBS) before Judge William B. Shubb. (Mena-Sanchez, L)STIPULATION AND ORDER signed by Judge William B. Shubb on 3/10/06 ORDERING that the Revised Law and Motion Schedule as to John That Luong, Thongsouk Theng Lattanaphon, Son Van Nguyen, Hoang Ai Le 749 is ADOPTED. Government's Response to Defendants' Motions to be filed on 3/23/2006. Defendants' Reply, if any, to be filed by 4/6/2006. Hearing on the Motions is SET for 4/19/2006 at 10:00 AM in Courtroom 5 (WBS) before Judge William B. Shubb. (Mena-Sanchez, L)STIPULATION AND ORDER signed by Judge William B. Shubb on 3/10/06 ORDERING that the Revised Law and Motion Schedule as to John That Luong, Thongsouk Theng Lattanaphon, Son Van Nguyen, Hoang Ai Le 749 is ADOPTED. Government's Response to Defendants' Motions to be filed on 3/23/2006. Defendants' Reply, if any, to be filed by 4/6/2006. Hearing on the Motions is SET for 4/19/2006 at 10:00 AM in Courtroom 5 (WBS) before Judge William B. Shubb. (Mena-Sanchez, L)
April 13, 2006
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STIPULATION AND ORDER 760 as to John That Luong, Thongsouk Theng Lattanaphon, Son Van Nguyen and Hoang Ai Le signed by Judge William B. Shubb on 04/12/06: Govt's response to dfts' motion due 05/24/06; Dfts' reply if any due 06/07/06; Hearing on the motions 06/21/06 at 10:00 AM; Time is excluded for the pendency of these motions pursuant to 18:3161(h)(1)(F).(Warren, P)STIPULATION AND ORDER 760 as to John That Luong, Thongsouk Theng Lattanaphon, Son Van Nguyen and Hoang Ai Le signed by Judge William B. Shubb on 04/12/06: Govt's response to dfts' motion due 05/24/06; Dfts' reply if any due 06/07/06; Hearing on the motions 06/21/06 at 10:00 AM; Time is excluded for the pendency of these motions pursuant to 18:3161(h)(1)(F).(Warren, P)STIPULATION AND ORDER 760 as to John That Luong, Thongsouk Theng Lattanaphon, Son Van Nguyen and Hoang Ai Le signed by Judge William B. Shubb on 04/12/06: Govt's response to dfts' motion due 05/24/06; Dfts' reply if any due 06/07/06; Hearing on the motions 06/21/06 at 10:00 AM; Time is excluded for the pendency of these motions pursuant to 18:3161(h)(1)(F).(Warren, P)STIPULATION AND ORDER 760 as to John That Luong, Thongsouk Theng Lattanaphon, Son Van Nguyen and Hoang Ai Le signed by Judge William B. Shubb on 04/12/06: Govt's response to dfts' motion due 05/24/06; Dfts' reply if any due 06/07/06; Hearing on the motions 06/21/06 at 10:00 AM; Time is excluded for the pendency of these motions pursuant to 18:3161(h)(1)(F).(Warren, P)
June 21, 2006
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STIPULATION AND ORDER signed by Judge William B. Shubb on 6/20/06 ORDERING that the Revised law and motion schedule is ADOPTED. This order does not affect defendant John That Luong's renewed motion for severance and separate trial on counts one through three or defendant John That Luong's Motion to dismiss one through three or defendant John That Luong's Motion to dismiss counts one through nine of the indictment for failure to allege the elements of the offenses charged, which motions will be heard on 6/20/06 as scheduled. The Court finds excludable time to 12/13/06. (Mena-Sanchez, L)STIPULATION AND ORDER signed by Judge William B. Shubb on 6/20/06 ORDERING that the Revised law and motion schedule is ADOPTED. This order does not affect defendant John That Luong's renewed motion for severance and separate trial on counts one through three or defendant John That Luong's Motion to dismiss one through three or defendant John That Luong's Motion to dismiss counts one through nine of the indictment for failure to allege the elements of the offenses charged, which motions will be heard on 6/20/06 as scheduled. The Court finds excludable time to 12/13/06. (Mena-Sanchez, L)STIPULATION AND ORDER signed by Judge William B. Shubb on 6/20/06 ORDERING that the Revised law and motion schedule is ADOPTED. This order does not affect defendant John That Luong's renewed motion for severance and separate trial on counts one through three or defendant John That Luong's Motion to dismiss one through three or defendant John That Luong's Motion to dismiss counts one through nine of the indictment for failure to allege the elements of the offenses charged, which motions will be heard on 6/20/06 as scheduled. The Court finds excludable time to 12/13/06. (Mena-Sanchez, L)
August 10, 2006
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ORDER signed by Judge William B. Shubb on 8/9/06 ORDERING John That Luong's motion to sever Counts One through Three 713 is DENIED. (Carlos, K)
August 11, 2006
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JUDGMENT and COMMITMENT as to Thy Chann signed by Judge William B. Shubb on 8/11/06. (Girgis, C)
August 18, 2006
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(WITHDRAWN pursuant to 828 Order) signed by Judge William B. Shubb on 8/18/06 ORDERING dft John That Luong's 717 MOTION to dismiss Counts One through Nine of the Indictment is DENIED.(Carlos, K) Modified on 3/14/2007 (Brown, T).
October 18, 2006
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STIPULATION and ORDER signed by Judge William B. Shubb on 10/16/06 as to Defendant John That Luong. ORDERING that the Government's opposition shall be filed no later than 11/24/2006. Defendants' Reply, if any, shall be filed no later than 12/6/06. And Hearing on MOTION for RECONSIDERATION of his Motion to Dismiss the Indictment 793is SET for 12/20/2006 at 10:00 AM in Courtroom 5 (WBS) before Judge William B. Shubb. (Mena-Sanchez, L)
November 28, 2006
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ORDER signed by Judge William B. Shubb on 11/27/06 ORDERING that Defendant Hoang Ai Le's MOTION for order re athletic shoes 805 is DENIED. (Mena-Sanchez, L)
December 7, 2006
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STIPULATION and ORDER signed by Judge William B. Shubb on 12/6/06 ORDERING that the revised law and motion schedule is ADOPTED and that time is excluded for the reasons set forth above. (Brown, T)
December 29, 2006
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ORDER as to John That Luong signed by Judge William B. Shubb on 12/28/06 ORDERING that insofar as it is consistent with the security needs of the Sacramnto Co. Jail in which dft is confined, and insofar as it isnot inconsistent with the practices and policies of the USM in whose custodydft is presently committed, dft John Luong shall be given an eye examinationand a prescription for eye glasses. (cc: USM Priority) (Brown, T)
January 11, 2007
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STIPULATION and ORDER signed by Judge William B. Shubb on 01/10/07 ORDERING Sentencing RE-SET for 4/2/2007 at 08:30 AM in Courtroom 5 (WBS) before Judge William B. Shubb. (Carlos, K)STIPULATION and ORDER signed by Judge William B. Shubb on 01/10/07 ORDERING Sentencing RE-SET for 4/2/2007 at 08:30 AM in Courtroom 5 (WBS) before Judge William B. Shubb. (Carlos, K)STIPULATION and ORDER signed by Judge William B. Shubb on 01/10/07 ORDERING Sentencing RE-SET for 4/2/2007 at 08:30 AM in Courtroom 5 (WBS) before Judge William B. Shubb. (Carlos, K)
January 22, 2007
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ORDER as to John That Luong signed by Judge William B. Shubb on 01/22/07. (Mena-Sanchez, L)
February 6, 2007
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STIPULATION AND ORDER as to John That Luong signed by Judge William B. Shubb on 2/5/07 ORDERING dfts' reply, if any, to be filed by 2/20/07 and hearing on the motion is set for 3/12/07 at 9:30 AM. (Carlos, K)
March 14, 2007
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ORDER as to John That Luong signed by Judge William B. Shubb on 3/12/07 ORDERING that: the 8/18/06 792 Order is WITHDRAWN; dft's Motion to Dismiss all counts of the indictment is DENIED; and dft's Motion to Unseal grand jury transcripts is DENIED. (Brown, T)
April 2, 2007
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ORDER upon STIPULATION signed by Judge William B. Shubb on 4/2/2007 continuing Sentencing date as to Defendants Hoang Nguyen, Ty Chan and Son Van Nguyen from 4/2/2007 to 11/19/2007 at 08:30 AM in Courtroom 5 (WBS) before Judge William B. Shubb. (Kirksey Smith, K)ORDER upon STIPULATION signed by Judge William B. Shubb on 4/2/2007 continuing Sentencing date as to Defendants Hoang Nguyen, Ty Chan and Son Van Nguyen from 4/2/2007 to 11/19/2007 at 08:30 AM in Courtroom 5 (WBS) before Judge William B. Shubb. (Kirksey Smith, K)ORDER upon STIPULATION signed by Judge William B. Shubb on 4/2/2007 continuing Sentencing date as to Defendants Hoang Nguyen, Ty Chan and Son Van Nguyen from 4/2/2007 to 11/19/2007 at 08:30 AM in Courtroom 5 (WBS) before Judge William B. Shubb. (Kirksey Smith, K)
April 5, 2007
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ORDER signed by Judge William B. Shubb on 4/4/07 ORDERING that the Trial date of 4/17/07 is VACATED, and further proceedings with respect to Defendant Thongsouk Theng Lattanaphon is this matter are STAYED pending resolution of his appeal. (Mena-Sanchez, L)
April 10, 2007
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STIPULATION and ORDER signed by Judge William B. Shubb on 4/9/07 ORDERING that dft Thongsouk Theng Lattanaphon be joined with co-dfts John That Luong, Minh Huynh, Hoang Ai Le, and Son Van Nguyen as to Counts Six, Seven, Eight, and Nine for trial on 10/2/07. The Court further orders that the trial of those counts, presently set for 4/17/07 be CONTINUED to 10/2/07. Excludable started as to Thongsouk Theng Lattanaphon: T4 Start: 4/9/07 Stop: 10/2/07 (Engbretson, K.)
June 20, 2007
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ORDER signed by Judge William B. Shubb on 06/19/07: Dft Son Van Nguyen has filing the following motions: 861 MOTION to Proceed IFP; 864 MOTION for RECUSAL; 863 Request for Release of Sealed Documents; 862 MOTION for Appointment of Counsel; and 860 MOTION to VACATE, Set Aside or Correct Sentence under 28 U.S.C. 2255 ( Civil Action 2:07-CV-01162 WBS.); the United States Attorney shall file a response to each of these motions on or before 07/20/07; dft shall file his replies, if any, on or before 08/04/07; the matters will then be taken under submission. (Kirkpatrick, S)
July 10, 2007
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ORDER AND WRIT OF HABEAS CORPUS as to Son Van Nguyen re 869 signed by Judge William B. Shubb on 7/10/07. (Mena-Sanchez, L)
August 7, 2007
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ORDER as to Son Van Nguyen, signed by Judge William B. Shubb on 8/6/07 ORDERING that petitioner's 862 motion for appointment of counsel in connection w/ petition for relief under 28 U.S.C. 2255 is DENIED. (Yin, K)
September 26, 2007
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ORDER signed by Judge William B. Shubb on 9/24/07 as to Minh Huynh ORDERING dft's request to proceed propria persona GRANTED and is granted indigent status. (Carlos, K)
October 10, 2007
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ORDER signed by Judge William B. Shubb on 10/10/07. The United States Attorney shall file a response to the MOTION 947 on or before 1/25/08. Defendant shall file his reply, if any, on or before 2/15/08. The matter will then be taken under submission. (Mena-Sanchez, L) Modified on 10/10/2007 (Mena-Sanchez, L).
October 10, 2007
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ORDER and WRIT OF HABEAS CORPUS AD TESTIFICANDUM as to John That Luong, Minh Huynh, Thongsouk Theng Lattanaphon, Hoang Ai Le signed by Judge William B. Shubb on 10/10/07 ORDERING a writ issue commanding the Warden of Folsom State Prison to produce FORTHWITH Lam Choi (aka Lam Choy) T-05954, dob 5/1/79, to testify in USDC at 9:00 AM on 11/15/07 in courtroom #5. Clerk to serve a copy of this order and writ on the Out-to-Court Desk; WRIT ISSUED. (cc: USM). (Yin, K)ORDER and WRIT OF HABEAS CORPUS AD TESTIFICANDUM as to John That Luong, Minh Huynh, Thongsouk Theng Lattanaphon, Hoang Ai Le signed by Judge William B. Shubb on 10/10/07 ORDERING a writ issue commanding the Warden of Folsom State Prison to produce FORTHWITH Lam Choi (aka Lam Choy) T-05954, dob 5/1/79, to testify in USDC at 9:00 AM on 11/15/07 in courtroom #5. Clerk to serve a copy of this order and writ on the Out-to-Court Desk; WRIT ISSUED. (cc: USM). (Yin, K)ORDER and WRIT OF HABEAS CORPUS AD TESTIFICANDUM as to John That Luong, Minh Huynh, Thongsouk Theng Lattanaphon, Hoang Ai Le signed by Judge William B. Shubb on 10/10/07 ORDERING a writ issue commanding the Warden of Folsom State Prison to produce FORTHWITH Lam Choi (aka Lam Choy) T-05954, dob 5/1/79, to testify in USDC at 9:00 AM on 11/15/07 in courtroom #5. Clerk to serve a copy of this order and writ on the Out-to-Court Desk; WRIT ISSUED. (cc: USM). (Yin, K)ORDER and WRIT OF HABEAS CORPUS AD TESTIFICANDUM as to John That Luong, Minh Huynh, Thongsouk Theng Lattanaphon, Hoang Ai Le signed by Judge William B. Shubb on 10/10/07 ORDERING a writ issue commanding the Warden of Folsom State Prison to produce FORTHWITH Lam Choi (aka Lam Choy) T-05954, dob 5/1/79, to testify in USDC at 9:00 AM on 11/15/07 in courtroom #5. Clerk to serve a copy of this order and writ on the Out-to-Court Desk; WRIT ISSUED. (cc: USM). (Yin, K)
October 23, 2007
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ORDER and WRIT OF HABEAS CORPUS AD TESTIFICANDUM as to John That Luong signed by Judge William B. Shubb on 10/23/07 ORDERING a writ issue commanding the Warden, Sheriff, or Jailor of USP Beumont to produce Thy Chann #92313-011 to testify in USDC at 09:00 AM on 11/2/2007 in courtroom #5. Clerk to serve a copy of this order and writ on the Out-to-Court Desk; WRIT ISSUED. (cc: USM-Priority, Criminal Agencies, BOP). (Yin, K)
November 6, 2007
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ORDER and WRIT OF HABEAS CORPUS AD TESTIFICANDUM as to Hoang Ai Le signed by Judge William B. Shubb on 11/5/07 ORDERING a writ issue commanding the Sheriff or Jailer of the Sacramento County Main Jail to produce Mady Chan, Cross-Reference # 2405573, dob 10/19/1965 to testify in USDC at 8:30 AM on 11/8/07 in courtroom #5. WRIT ISSUED. (cc: USM-Priority, BOP, Criminal Court Agencies) (Yin, K)
November 15, 2007
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STIPULATION and ORDER signed by Judge William B. Shubb on 11/13/07 ORDERING that the Sentencing date is continued to 12/17/07 at 08:30 AM in Courtroom 5 (WBS) before Judge William B. Shubb. (Benson, A)
November 20, 2007
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ORDER signed by Judge William B. Shubb on 11/20/2007 re 1030 Government's Proposed Jury Instruction re felony murder. (Kirksey Smith, K)ORDER signed by Judge William B. Shubb on 11/20/2007 re 1030 Government's Proposed Jury Instruction re felony murder. (Kirksey Smith, K)ORDER signed by Judge William B. Shubb on 11/20/2007 re 1030 Government's Proposed Jury Instruction re felony murder. (Kirksey Smith, K)ORDER signed by Judge William B. Shubb on 11/20/2007 re 1030 Government's Proposed Jury Instruction re felony murder. (Kirksey Smith, K)
December 5, 2007
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AMENDED JUDGMENT and COMMITMENT as to Son Van Nguyen signed by Judge William B. Shubb on 12/5/2007. (Kirksey Smith, K)
December 13, 2007
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STIPULATION and ORDER signed by Judge William B. Shubb on 12/12/07 ORDERING that the MOTION 1054 is DENIED, without prejudice. Counsel shall appear with the defendant at sentencing hearing on 12/17/07. (Mena-Sanchez, L)
December 28, 2007
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AMENDED JUDGMENT and COMMITMENT as to Thy Chann signed by Judge William B. Shubb on 12/28/2007. (Kirksey Smith, K)
January 23, 2008
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STIPULATION and ORDER signed by Judge William B. Shubb on 1/23/2008 re 1123 Stipulation and Proposed Order ORDERING Dfts' post trial motions may be filed no later than 1/29/2008; The governments response maybe be filed no later than 2/12/2008; Dfts replies may be filed by 2/19/2008; and Motion Hearing set for 2/25/2008 at 09:30 AM in Courtroom 5 (WBS) before Judge William B. Shubb. (Matson, R)
January 28, 2008
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ORDER and WRIT ISSUED signed by Judge William B. Shubb on 1/25/2008 ORDERING issuance of writ of habeas corpus ad prosequendum. The USM to produce Hoang Nguyen forthwith and any further proceedings to be had in this cause, and at the conclusion of proceedings returned to the custodian. (cc:USM Priority) (Matson, R)
February 22, 2008
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AMENDED STIPULATION and ORDER 1152 signed by Judge William B. Shubb on 2/21/08 ORDERING that the hearing on post hearing motion is set for 3/31/08 at 9:30 AM. Gov's opposition shall be filed no later than 3/17/08 and Dft's reply, if any, shall be filed no later than 3/24/08. (Engbretson, K.)AMENDED STIPULATION and ORDER 1152 signed by Judge William B. Shubb on 2/21/08 ORDERING that the hearing on post hearing motion is set for 3/31/08 at 9:30 AM. Gov's opposition shall be filed no later than 3/17/08 and Dft's reply, if any, shall be filed no later than 3/24/08. (Engbretson, K.)AMENDED STIPULATION and ORDER 1152 signed by Judge William B. Shubb on 2/21/08 ORDERING that the hearing on post hearing motion is set for 3/31/08 at 9:30 AM. Gov's opposition shall be filed no later than 3/17/08 and Dft's reply, if any, shall be filed no later than 3/24/08. (Engbretson, K.)AMENDED STIPULATION and ORDER 1152 signed by Judge William B. Shubb on 2/21/08 ORDERING that the hearing on post hearing motion is set for 3/31/08 at 9:30 AM. Gov's opposition shall be filed no later than 3/17/08 and Dft's reply, if any, shall be filed no later than 3/24/08. (Engbretson, K.)AMENDED STIPULATION and ORDER 1152 signed by Judge William B. Shubb on 2/21/08 ORDERING that the hearing on post hearing motion is set for 3/31/08 at 9:30 AM. Gov's opposition shall be filed no later than 3/17/08 and Dft's reply, if any, shall be filed no later than 3/24/08. (Engbretson, K.)AMENDED STIPULATION and ORDER 1152 signed by Judge William B. Shubb on 2/21/08 ORDERING that the hearing on post hearing motion is set for 3/31/08 at 9:30 AM. Gov's opposition shall be filed no later than 3/17/08 and Dft's reply, if any, shall be filed no later than 3/24/08. (Engbretson, K.)AMENDED STIPULATION and ORDER 1152 signed by Judge William B. Shubb on 2/21/08 ORDERING that the hearing on post hearing motion is set for 3/31/08 at 9:30 AM. Gov's opposition shall be filed no later than 3/17/08 and Dft's reply, if any, shall be filed no later than 3/24/08. (Engbretson, K.)
March 7, 2008
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ORDER as to Son Van Nguyen signed by Magistrate Judge Dale A. Drozd on 3/6/08 re 1127 ORDERING that respondent is directed to file an answer within thirty days of the date of this order. Movant's traverse, if any, is due on or before thirty daysfrom the date respondent's answer is filed. The Clerk shall serve a copy of this order, together with a copy of movant's amended motion, filed on January 18, 2008, on the United States Attorney or his authorized representative. (Duong, D)
March 10, 2008
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ORDER of RECUSAL in case as to Son Van Nguyen signed by Magistrate Judge Dale A. Drozd on 3/10/08 ORDERING that the Clerk of the Court is directed to randomly refer this case to another magistrate judge for any further proceedings which may be appropriate or required. Case reassigned to Magistrate Judge Gregory G. Hollows for all further proceedings. (Anderson, J) Modified on 4/3/2009 (Donati, J).ORDER of RECUSAL in case as to Son Van Nguyen signed by Magistrate Judge Dale A. Drozd on 3/10/08 ORDERING that the Clerk of the Court is directed to randomly refer this case to another magistrate judge for any further proceedings which may be appropriate or required. Case reassigned to Magistrate Judge Gregory G. Hollows for all further proceedings. (Anderson, J) Modified on 4/3/2009 (Donati, J).ORDER of RECUSAL in case as to Son Van Nguyen signed by Magistrate Judge Dale A. Drozd on 3/10/08 ORDERING that the Clerk of the Court is directed to randomly refer this case to another magistrate judge for any further proceedings which may be appropriate or required. Case reassigned to Magistrate Judge Gregory G. Hollows for all further proceedings. (Anderson, J) Modified on 4/3/2009 (Donati, J).ORDER of RECUSAL in case as to Son Van Nguyen signed by Magistrate Judge Dale A. Drozd on 3/10/08 ORDERING that the Clerk of the Court is directed to randomly refer this case to another magistrate judge for any further proceedings which may be appropriate or required. Case reassigned to Magistrate Judge Gregory G. Hollows for all further proceedings. (Anderson, J) Modified on 4/3/2009 (Donati, J).ORDER of RECUSAL in case as to Son Van Nguyen signed by Magistrate Judge Dale A. Drozd on 3/10/08 ORDERING that the Clerk of the Court is directed to randomly refer this case to another magistrate judge for any further proceedings which may be appropriate or required. Case reassigned to Magistrate Judge Gregory G. Hollows for all further proceedings. (Anderson, J) Modified on 4/3/2009 (Donati, J).ORDER of RECUSAL in case as to Son Van Nguyen signed by Magistrate Judge Dale A. Drozd on 3/10/08 ORDERING that the Clerk of the Court is directed to randomly refer this case to another magistrate judge for any further proceedings which may be appropriate or required. Case reassigned to Magistrate Judge Gregory G. Hollows for all further proceedings. (Anderson, J) Modified on 4/3/2009 (Donati, J).ORDER of RECUSAL in case as to Son Van Nguyen signed by Magistrate Judge Dale A. Drozd on 3/10/08 ORDERING that the Clerk of the Court is directed to randomly refer this case to another magistrate judge for any further proceedings which may be appropriate or required. Case reassigned to Magistrate Judge Gregory G. Hollows for all further proceedings. (Anderson, J) Modified on 4/3/2009 (Donati, J).
March 20, 2008
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ORDER signed by Magistrate Judge Gregory G. Hollows on 3/20/2008 as to Son Van Nguyen ORDERING notwithstanding his recusal, Judge Drozds March 7, 2008, order directing further briefing remains in effect; Movants March 13, 2008, request for appointment of counsel is denied without prejudice to a renewal of the request at a later stage of the proceedings. (Matson, R)
May 2, 2008
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ORDER signed by Judge William B. Shubb on 5/2/2008 re 1171 MOTION for RECUSAL filed by Minh Huynh ORDERING that defendant's motion to disqualify the undersigned as the trial judge in this matter is REFERRED to Chief Judge Garland E. Burrell, Jr. for assignment to another judge for decision. No further action will be taken by the undersigned in this case or related cases until this motion has been finally resolved. Clerk shall file this order in related cases 2:96-cr-350, 2:99-cr-74, 2:98-cr-233, 2:99-cr-148, 2:99-cr-149, 2:07-cv-1162 and 2:07-cv-2063. (Waggoner, D)
May 5, 2008
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ORDER signed by Judge Garland E. Burrell, Jr on 5/5/2008 ORDERING that since Judge William B. Shubb has recused himself from deciding 1171 MOTION for RECUSAL filed by Minh Huynh, the Clerk shall randomly reassign this motion to another district judge. Clerk has randomly drawn Judge John A. Mendez. (Waggoner, D)ORDER signed by Judge Garland E. Burrell, Jr on 5/5/2008 ORDERING that since Judge William B. Shubb has recused himself from deciding 1171 MOTION for RECUSAL filed by Minh Huynh, the Clerk shall randomly reassign this motion to another district judge. Clerk has randomly drawn Judge John A. Mendez. (Waggoner, D)ORDER signed by Judge Garland E. Burrell, Jr on 5/5/2008 ORDERING that since Judge William B. Shubb has recused himself from deciding 1171 MOTION for RECUSAL filed by Minh Huynh, the Clerk shall randomly reassign this motion to another district judge. Clerk has randomly drawn Judge John A. Mendez. (Waggoner, D)ORDER signed by Judge Garland E. Burrell, Jr on 5/5/2008 ORDERING that since Judge William B. Shubb has recused himself from deciding 1171 MOTION for RECUSAL filed by Minh Huynh, the Clerk shall randomly reassign this motion to another district judge. Clerk has randomly drawn Judge John A. Mendez. (Waggoner, D)ORDER signed by Judge Garland E. Burrell, Jr on 5/5/2008 ORDERING that since Judge William B. Shubb has recused himself from deciding 1171 MOTION for RECUSAL filed by Minh Huynh, the Clerk shall randomly reassign this motion to another district judge. Clerk has randomly drawn Judge John A. Mendez. (Waggoner, D)ORDER signed by Judge Garland E. Burrell, Jr on 5/5/2008 ORDERING that since Judge William B. Shubb has recused himself from deciding 1171 MOTION for RECUSAL filed by Minh Huynh, the Clerk shall randomly reassign this motion to another district judge. Clerk has randomly drawn Judge John A. Mendez. (Waggoner, D)ORDER signed by Judge Garland E. Burrell, Jr on 5/5/2008 ORDERING that since Judge William B. Shubb has recused himself from deciding 1171 MOTION for RECUSAL filed by Minh Huynh, the Clerk shall randomly reassign this motion to another district judge. Clerk has randomly drawn Judge John A. Mendez. (Waggoner, D)
May 21, 2008
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ORDER signed by Judge John A. Mendez on 5/21/2008 DENYING 1171 defendant's Motion for Recusal by Minh Huynh. It is further ORDERED that 1176 John That Luong's and 1186 Hoang Nguyen aka Bao Lu's motions for joinder are DENIED. This matter is hereby TRANSFERRED and ASSIGNED BACK to Judge William B. Shubb for all further proceedings. (Reader, L)ORDER signed by Judge John A. Mendez on 5/21/2008 DENYING 1171 defendant's Motion for Recusal by Minh Huynh. It is further ORDERED that 1176 John That Luong's and 1186 Hoang Nguyen aka Bao Lu's motions for joinder are DENIED. This matter is hereby TRANSFERRED and ASSIGNED BACK to Judge William B. Shubb for all further proceedings. (Reader, L)ORDER signed by Judge John A. Mendez on 5/21/2008 DENYING 1171 defendant's Motion for Recusal by Minh Huynh. It is further ORDERED that 1176 John That Luong's and 1186 Hoang Nguyen aka Bao Lu's motions for joinder are DENIED. This matter is hereby TRANSFERRED and ASSIGNED BACK to Judge William B. Shubb for all further proceedings. (Reader, L)
May 28, 2008
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ORDER as to Son Van Nguyen signed by Magistrate Judge Gregory G. Hollows on 5/28/08: Movant's "motion for summary judgment," filed on April 21, 2008, is hereby vacated from the court's calendar 1180.(Kaminski, H).
May 30, 2008
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ORDER signed by Judge William B. Shubb on 05/29/08 ORDERING that 1198 MOTION to DISQUALIFY filed by Hoang Nguyen (aka Bao Lu) is REFERRED to Judge John A. Mendez for determination. This referral includes the request to defer the final sentencing of Bao Lu and the request that the court provide Bao Lu's present attorney with further information concerning the facts and circumstances of the December 1997 incident. The undersigned judge will await Judge Mendez's determination before proceeding further connection with any defendant in this matter (cc: JAM). (Benson, A).
June 27, 2008
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ORDER as to Bao Lu signed by Judge John A. Mendez on 6/27/08 ORDERING Dft's 1198 motions for recusal, for further information and to defer sentencing are all DENIED. This matter is hereby transferred and assigned back to Judge Shubb for all further proceedings. (Engbretson, K.)
June 30, 2008
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ORDER signed by Judge William B. Shubb on 6/27/08 ORDERING dft Lattanaphom's request for an order directing the Clerk to release the court's file to the Federal Defender's Office for copying is DENIED. (Carlos, K)
August 5, 2008
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ORDER signed by Judge William B. Shubb on 8/5/2008 re 1205 Defendant Lattanaphom's Emergency MOTION for Stay of Execution of State of California Writ of Habeas Corpus Ad Prosequendum. Motion set for hearing on 8/11/2008 at 08:30 AM in Courtroom 5 (WBS) before Judge William B. Shubb. Government's response due by 8/8/2008. (Kirksey Smith, K)
August 11, 2008
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STIPULATION and ORDER signed by Judge William B. Shubb on 08/08/08 ORDERING that 1122, 1129, 1130, 1131, 1132 pending post trial motions are RESET for hearing on 09/19/08 at 10:00 AM in Courtroom 5 (WBS) before Judge William B. Shubb. (Benson, A)STIPULATION and ORDER signed by Judge William B. Shubb on 08/08/08 ORDERING that 1122, 1129, 1130, 1131, 1132 pending post trial motions are RESET for hearing on 09/19/08 at 10:00 AM in Courtroom 5 (WBS) before Judge William B. Shubb. (Benson, A)STIPULATION and ORDER signed by Judge William B. Shubb on 08/08/08 ORDERING that 1122, 1129, 1130, 1131, 1132 pending post trial motions are RESET for hearing on 09/19/08 at 10:00 AM in Courtroom 5 (WBS) before Judge William B. Shubb. (Benson, A)STIPULATION and ORDER signed by Judge William B. Shubb on 08/08/08 ORDERING that 1122, 1129, 1130, 1131, 1132 pending post trial motions are RESET for hearing on 09/19/08 at 10:00 AM in Courtroom 5 (WBS) before Judge William B. Shubb. (Benson, A)STIPULATION and ORDER signed by Judge William B. Shubb on 08/08/08 ORDERING that 1122, 1129, 1130, 1131, 1132 pending post trial motions are RESET for hearing on 09/19/08 at 10:00 AM in Courtroom 5 (WBS) before Judge William B. Shubb. (Benson, A)STIPULATION and ORDER signed by Judge William B. Shubb on 08/08/08 ORDERING that 1122, 1129, 1130, 1131, 1132 pending post trial motions are RESET for hearing on 09/19/08 at 10:00 AM in Courtroom 5 (WBS) before Judge William B. Shubb. (Benson, A)STIPULATION and ORDER signed by Judge William B. Shubb on 08/08/08 ORDERING that 1122, 1129, 1130, 1131, 1132 pending post trial motions are RESET for hearing on 09/19/08 at 10:00 AM in Courtroom 5 (WBS) before Judge William B. Shubb. (Benson, A)
October 2, 2008
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FINDINGS and RECOMMENDATIONS eigned by Magistrate Judge Gregory G. Hollows on 10/2/08 RECOMMENDING that Movant's 6/18/08 860 and 1/18/08 1127 MOTION to VACATE, Set Aside or Correct Sentence under 28 U.S.C. 2255 be dismissed. The Clerk be directed to close the companion Civil Action 2:07-CV-01162. These Findings and Recommendations are submitted to U.S. District Judge William B. Shubb. W/in twenty days after being served with these Findings and Recommendations, any party may file written objections with the Court and serve a copy on all parties. (Mena-Sanchez, L)
November 14, 2008
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ORDER ADOPTING FINDINGS and RECOMMENDATIONS 1218, in full, signed by Judge William B. Shubb on 11/13/08. Defendant Son Van Nguyen's 860 1127 Motions to Vacate - 2255 are DISMISSED without prejudice. Clerk directed to close companion civil case 2:07-CV-1162 WBS GGH. (Marciel, M)
March 20, 2009
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STIPULATION and ORDER signed by Judge William B. Shubb on 3/19/29 CONTINUING HEARING ON POST TRIAL MOTIONS for 5/18/2009 at 09:00 AM. (Mena-Sanchez, L)STIPULATION and ORDER signed by Judge William B. Shubb on 3/19/29 CONTINUING HEARING ON POST TRIAL MOTIONS for 5/18/2009 at 09:00 AM. (Mena-Sanchez, L)STIPULATION and ORDER signed by Judge William B. Shubb on 3/19/29 CONTINUING HEARING ON POST TRIAL MOTIONS for 5/18/2009 at 09:00 AM. (Mena-Sanchez, L)STIPULATION and ORDER signed by Judge William B. Shubb on 3/19/29 CONTINUING HEARING ON POST TRIAL MOTIONS for 5/18/2009 at 09:00 AM. (Mena-Sanchez, L)
March 20, 2009
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ORDER as to Minh Huynh signed by Judge William B. Shubb on 3/19/09 ORDERING that defendant, Minh Huynh, be allowed reasonable access to the Sacramento County jail law library, but not necessarily for 2 hours per week for the next six weeks. Counsel may assist him in completing his petition for Writ of Certiorari. (Mena-Sanchez, L)
March 26, 2009
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STIPULATION and ORDER 1250 for continuance signed by Judge William B. Shubb on 3/25/2009. Defendants' 1122 1129 1130 1131 1132 1171 1213 1224 1225 1226 1227 1228 1240 Post-Trial Motions Hearing is RE-SET for 5/4/2009 at 09:00 AM in Courtroom 5 (WBS). (Marciel, M)STIPULATION and ORDER 1250 for continuance signed by Judge William B. Shubb on 3/25/2009. Defendants' 1122 1129 1130 1131 1132 1171 1213 1224 1225 1226 1227 1228 1240 Post-Trial Motions Hearing is RE-SET for 5/4/2009 at 09:00 AM in Courtroom 5 (WBS). (Marciel, M)STIPULATION and ORDER 1250 for continuance signed by Judge William B. Shubb on 3/25/2009. Defendants' 1122 1129 1130 1131 1132 1171 1213 1224 1225 1226 1227 1228 1240 Post-Trial Motions Hearing is RE-SET for 5/4/2009 at 09:00 AM in Courtroom 5 (WBS). (Marciel, M)STIPULATION and ORDER 1250 for continuance signed by Judge William B. Shubb on 3/25/2009. Defendants' 1122 1129 1130 1131 1132 1171 1213 1224 1225 1226 1227 1228 1240 Post-Trial Motions Hearing is RE-SET for 5/4/2009 at 09:00 AM in Courtroom 5 (WBS). (Marciel, M)
May 15, 2009
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ORDER signed by Judge William B. Shubb on 5/14/09 ORDERING that Hoang Ai Le's Rule 29 and Rule 33 Motions 1122 are DENIED. John That Luong's Rule 29 Motion 1129 is, DENIED; John That Luong's Rule 33 Motion 1130 is, DENIED; Thongsouk Lattanaphon's Rule 29 and Rule 33 Motions 1131 are, DENIED; Minh Huynh's Rule 29 and Rule 33 Motions 1132 are, DENIED; John That Luong's Motion to Vacate Conviction for Lack of Territorial Jurisdiction 1213 is, DENIED; John That Luong's Motion to Vacate His Conviction on Counts 4-9 for Violation of the Double Jeopardy Clause 1224 is, DENIED; John That Luong's Motion to Vacate His Conviction on All § 924(c) Counts 1226 is, DENIED; John That Luong's Motion to Vacate His Conviction on All § 924(c) and (j) Counts 1227 is, DENIED; John That Luong's Motion to Prevent Cumulative Punishment on all § 924(c) and § 1951(a) Counts 1228 is DENIED. Hoang Ai Le's Motion to Vacate Conviction on Counts 8 and 9 for Violation of the Double Jeopardy Clause 1240 is, DENIED. The United States Attorney shall take the necessary steps to have this matter placed on the court's calendar for judgment and sentencing after all parties have had an opportunity to file any objections to the findings in their respective presentence reports. (Mena-Sanchez, L)ORDER signed by Judge William B. Shubb on 5/14/09 ORDERING that Hoang Ai Le's Rule 29 and Rule 33 Motions 1122 are DENIED. John That Luong's Rule 29 Motion 1129 is, DENIED; John That Luong's Rule 33 Motion 1130 is, DENIED; Thongsouk Lattanaphon's Rule 29 and Rule 33 Motions 1131 are, DENIED; Minh Huynh's Rule 29 and Rule 33 Motions 1132 are, DENIED; John That Luong's Motion to Vacate Conviction for Lack of Territorial Jurisdiction 1213 is, DENIED; John That Luong's Motion to Vacate His Conviction on Counts 4-9 for Violation of the Double Jeopardy Clause 1224 is, DENIED; John That Luong's Motion to Vacate His Conviction on All § 924(c) Counts 1226 is, DENIED; John That Luong's Motion to Vacate His Conviction on All § 924(c) and (j) Counts 1227 is, DENIED; John That Luong's Motion to Prevent Cumulative Punishment on all § 924(c) and § 1951(a) Counts 1228 is DENIED. Hoang Ai Le's Motion to Vacate Conviction on Counts 8 and 9 for Violation of the Double Jeopardy Clause 1240 is, DENIED. The United States Attorney shall take the necessary steps to have this matter placed on the court's calendar for judgment and sentencing after all parties have had an opportunity to file any objections to the findings in their respective presentence reports. (Mena-Sanchez, L)ORDER signed by Judge William B. Shubb on 5/14/09 ORDERING that Hoang Ai Le's Rule 29 and Rule 33 Motions 1122 are DENIED. John That Luong's Rule 29 Motion 1129 is, DENIED; John That Luong's Rule 33 Motion 1130 is, DENIED; Thongsouk Lattanaphon's Rule 29 and Rule 33 Motions 1131 are, DENIED; Minh Huynh's Rule 29 and Rule 33 Motions 1132 are, DENIED; John That Luong's Motion to Vacate Conviction for Lack of Territorial Jurisdiction 1213 is, DENIED; John That Luong's Motion to Vacate His Conviction on Counts 4-9 for Violation of the Double Jeopardy Clause 1224 is, DENIED; John That Luong's Motion to Vacate His Conviction on All § 924(c) Counts 1226 is, DENIED; John That Luong's Motion to Vacate His Conviction on All § 924(c) and (j) Counts 1227 is, DENIED; John That Luong's Motion to Prevent Cumulative Punishment on all § 924(c) and § 1951(a) Counts 1228 is DENIED. Hoang Ai Le's Motion to Vacate Conviction on Counts 8 and 9 for Violation of the Double Jeopardy Clause 1240 is, DENIED. The United States Attorney shall take the necessary steps to have this matter placed on the court's calendar for judgment and sentencing after all parties have had an opportunity to file any objections to the findings in their respective presentence reports. (Mena-Sanchez, L)ORDER signed by Judge William B. Shubb on 5/14/09 ORDERING that Hoang Ai Le's Rule 29 and Rule 33 Motions 1122 are DENIED. John That Luong's Rule 29 Motion 1129 is, DENIED; John That Luong's Rule 33 Motion 1130 is, DENIED; Thongsouk Lattanaphon's Rule 29 and Rule 33 Motions 1131 are, DENIED; Minh Huynh's Rule 29 and Rule 33 Motions 1132 are, DENIED; John That Luong's Motion to Vacate Conviction for Lack of Territorial Jurisdiction 1213 is, DENIED; John That Luong's Motion to Vacate His Conviction on Counts 4-9 for Violation of the Double Jeopardy Clause 1224 is, DENIED; John That Luong's Motion to Vacate His Conviction on All § 924(c) Counts 1226 is, DENIED; John That Luong's Motion to Vacate His Conviction on All § 924(c) and (j) Counts 1227 is, DENIED; John That Luong's Motion to Prevent Cumulative Punishment on all § 924(c) and § 1951(a) Counts 1228 is DENIED. Hoang Ai Le's Motion to Vacate Conviction on Counts 8 and 9 for Violation of the Double Jeopardy Clause 1240 is, DENIED. The United States Attorney shall take the necessary steps to have this matter placed on the court's calendar for judgment and sentencing after all parties have had an opportunity to file any objections to the findings in their respective presentence reports. (Mena-Sanchez, L)ORDER signed by Judge William B. Shubb on 5/14/09 ORDERING that Hoang Ai Le's Rule 29 and Rule 33 Motions 1122 are DENIED. John That Luong's Rule 29 Motion 1129 is, DENIED; John That Luong's Rule 33 Motion 1130 is, DENIED; Thongsouk Lattanaphon's Rule 29 and Rule 33 Motions 1131 are, DENIED; Minh Huynh's Rule 29 and Rule 33 Motions 1132 are, DENIED; John That Luong's Motion to Vacate Conviction for Lack of Territorial Jurisdiction 1213 is, DENIED; John That Luong's Motion to Vacate His Conviction on Counts 4-9 for Violation of the Double Jeopardy Clause 1224 is, DENIED; John That Luong's Motion to Vacate His Conviction on All § 924(c) Counts 1226 is, DENIED; John That Luong's Motion to Vacate His Conviction on All § 924(c) and (j) Counts 1227 is, DENIED; John That Luong's Motion to Prevent Cumulative Punishment on all § 924(c) and § 1951(a) Counts 1228 is DENIED. Hoang Ai Le's Motion to Vacate Conviction on Counts 8 and 9 for Violation of the Double Jeopardy Clause 1240 is, DENIED. The United States Attorney shall take the necessary steps to have this matter placed on the court's calendar for judgment and sentencing after all parties have had an opportunity to file any objections to the findings in their respective presentence reports. (Mena-Sanchez, L)ORDER signed by Judge William B. Shubb on 5/14/09 ORDERING that Hoang Ai Le's Rule 29 and Rule 33 Motions 1122 are DENIED. John That Luong's Rule 29 Motion 1129 is, DENIED; John That Luong's Rule 33 Motion 1130 is, DENIED; Thongsouk Lattanaphon's Rule 29 and Rule 33 Motions 1131 are, DENIED; Minh Huynh's Rule 29 and Rule 33 Motions 1132 are, DENIED; John That Luong's Motion to Vacate Conviction for Lack of Territorial Jurisdiction 1213 is, DENIED; John That Luong's Motion to Vacate His Conviction on Counts 4-9 for Violation of the Double Jeopardy Clause 1224 is, DENIED; John That Luong's Motion to Vacate His Conviction on All § 924(c) Counts 1226 is, DENIED; John That Luong's Motion to Vacate His Conviction on All § 924(c) and (j) Counts 1227 is, DENIED; John That Luong's Motion to Prevent Cumulative Punishment on all § 924(c) and § 1951(a) Counts 1228 is DENIED. Hoang Ai Le's Motion to Vacate Conviction on Counts 8 and 9 for Violation of the Double Jeopardy Clause 1240 is, DENIED. The United States Attorney shall take the necessary steps to have this matter placed on the court's calendar for judgment and sentencing after all parties have had an opportunity to file any objections to the findings in their respective presentence reports. (Mena-Sanchez, L)ORDER signed by Judge William B. Shubb on 5/14/09 ORDERING that Hoang Ai Le's Rule 29 and Rule 33 Motions 1122 are DENIED. John That Luong's Rule 29 Motion 1129 is, DENIED; John That Luong's Rule 33 Motion 1130 is, DENIED; Thongsouk Lattanaphon's Rule 29 and Rule 33 Motions 1131 are, DENIED; Minh Huynh's Rule 29 and Rule 33 Motions 1132 are, DENIED; John That Luong's Motion to Vacate Conviction for Lack of Territorial Jurisdiction 1213 is, DENIED; John That Luong's Motion to Vacate His Conviction on Counts 4-9 for Violation of the Double Jeopardy Clause 1224 is, DENIED; John That Luong's Motion to Vacate His Conviction on All § 924(c) Counts 1226 is, DENIED; John That Luong's Motion to Vacate His Conviction on All § 924(c) and (j) Counts 1227 is, DENIED; John That Luong's Motion to Prevent Cumulative Punishment on all § 924(c) and § 1951(a) Counts 1228 is DENIED. Hoang Ai Le's Motion to Vacate Conviction on Counts 8 and 9 for Violation of the Double Jeopardy Clause 1240 is, DENIED. The United States Attorney shall take the necessary steps to have this matter placed on the court's calendar for judgment and sentencing after all parties have had an opportunity to file any objections to the findings in their respective presentence reports. (Mena-Sanchez, L)
May 29, 2009
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ORDER signed by Judge William B. Shubb on 5/28/2009 WITHDRAWING without prejudice #947 Motion to Vacate 28:2255, to filing a motion pursuant to Section 28:2255 after sentence is pronounced on the defendant Hoang Nguyen by this Court. 1255 (Reader, L) Civil Case 2:07-cv-02063-WBS closed. Modified on 7/13/2012 (Reader, L).
June 17, 2009
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ORDER signed by Judge William B. Shubb on 6/16/2009: 1289 Defendant's request for an order allowing his family to provide him with an orthopedic shoe be, and the same hereby is, DENIED, without prejudice to the right of defendant to file a noticed motion supported by appropriate declarations, and the right of the government to request an evidentiary hearing on the motion. (Kirksey Smith, K)
June 25, 2009
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AMENDED JUDGMENT and COMMITMENT as to Hoang Nguyen signed by Judge William B. Shubb on 6/25/2009. (Kirksey Smith, K)
September 2, 2009
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ORDER signed by Judge William B. Shubb on 09/02/09 ORDERING that dft Minh Huynh's 1301, 1302 requests are DENIED w/o prejudice to their filing as a separate civil action. (Benson, A.)ORDER signed by Judge William B. Shubb on 09/02/09 ORDERING that dft Minh Huynh's 1301, 1302 requests are DENIED w/o prejudice to their filing as a separate civil action. (Benson, A.)ORDER signed by Judge William B. Shubb on 09/02/09 ORDERING that dft Minh Huynh's 1301, 1302 requests are DENIED w/o prejudice to their filing as a separate civil action. (Benson, A.)ORDER signed by Judge William B. Shubb on 09/02/09 ORDERING that dft Minh Huynh's 1301, 1302 requests are DENIED w/o prejudice to their filing as a separate civil action. (Benson, A.)ORDER signed by Judge William B. Shubb on 09/02/09 ORDERING that dft Minh Huynh's 1301, 1302 requests are DENIED w/o prejudice to their filing as a separate civil action. (Benson, A.)ORDER signed by Judge William B. Shubb on 09/02/09 ORDERING that dft Minh Huynh's 1301, 1302 requests are DENIED w/o prejudice to their filing as a separate civil action. (Benson, A.)ORDER signed by Judge William B. Shubb on 09/02/09 ORDERING that dft Minh Huynh's 1301, 1302 requests are DENIED w/o prejudice to their filing as a separate civil action. (Benson, A.)
September 11, 2009
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ORDER AND WRIT OF HABEAS CORPUS AD PROSEQUENDUM signed by Judge William B. Shubb on 9/10/2009 ORDERING 1309 Warden to produce Hoang Ai Le for Sentencing hearing on 9/21/2009 at 09:00 AM in Courtroom 5 (WBS) before Judge William B. Shubb, and at the termination of the proceedings against the defendant, to return defendant to the custody of the Warden, Sheriff or Jailor. (cc: Warden Alameda County Jail, Out-To-Court Desk) (Attachments: # (1) Writ Issued) (Reader, L)
September 14, 2009
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ORDER signed by Judge William B. Shubb on 9/14/2009 Denying 1315 Government's Motion to Rescind Defendant Hoang Ai Le's Writ of Habeas Corpus Ad Prosequendum. (Kirksey Smith, K)
September 22, 2009
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ORDER signed by Judge William B. Shubb on 9/21/2009 as to Thongsouk Theng Lattanaphon granting 1312 Defendant's MOTION to CONTINUE Sentencing to 1/19/2010 at 09:00 AM in Courtroom 5 (WBS) before Judge William B. Shubb.(Kirksey Smith, K)
September 22, 2009
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ORDER signed by Judge William B. Shubb on 9/21/2009 as to Thongsouk Theng Lattanaphon granting 1313 Defendant's MOTION to SEAL Declarations of Counsel in Support of Motion to Continue Sentencing. (Kirksey Smith, K)
December 3, 2009
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ORDER signed by Judge William B. Shubb on 12/3/2009 as to John That Luong and Hoang Ai Le: Court orders 1348 Defendant John That Luong's MOTION to DISMISS the Indictment and 1353 Defendant John That Luong's MOTION to DISMISS Re Pinkerton Theory and Hobbs Act, joined by defendant Hoang Ai Le, and now set for 12/7/2009 TAKEN UNDER SUBMISSION. The Government shall file its response to both motions on or before 12/21/2009. The government's response may address the timeliness, but shall also address the merits of both motions. Defendants' replies shall be filed by 12/28/2009. (Kirksey Smith, K)ORDER signed by Judge William B. Shubb on 12/3/2009 as to John That Luong and Hoang Ai Le: Court orders 1348 Defendant John That Luong's MOTION to DISMISS the Indictment and 1353 Defendant John That Luong's MOTION to DISMISS Re Pinkerton Theory and Hobbs Act, joined by defendant Hoang Ai Le, and now set for 12/7/2009 TAKEN UNDER SUBMISSION. The Government shall file its response to both motions on or before 12/21/2009. The government's response may address the timeliness, but shall also address the merits of both motions. Defendants' replies shall be filed by 12/28/2009. (Kirksey Smith, K)ORDER signed by Judge William B. Shubb on 12/3/2009 as to John That Luong and Hoang Ai Le: Court orders 1348 Defendant John That Luong's MOTION to DISMISS the Indictment and 1353 Defendant John That Luong's MOTION to DISMISS Re Pinkerton Theory and Hobbs Act, joined by defendant Hoang Ai Le, and now set for 12/7/2009 TAKEN UNDER SUBMISSION. The Government shall file its response to both motions on or before 12/21/2009. The government's response may address the timeliness, but shall also address the merits of both motions. Defendants' replies shall be filed by 12/28/2009. (Kirksey Smith, K)ORDER signed by Judge William B. Shubb on 12/3/2009 as to John That Luong and Hoang Ai Le: Court orders 1348 Defendant John That Luong's MOTION to DISMISS the Indictment and 1353 Defendant John That Luong's MOTION to DISMISS Re Pinkerton Theory and Hobbs Act, joined by defendant Hoang Ai Le, and now set for 12/7/2009 TAKEN UNDER SUBMISSION. The Government shall file its response to both motions on or before 12/21/2009. The government's response may address the timeliness, but shall also address the merits of both motions. Defendants' replies shall be filed by 12/28/2009. (Kirksey Smith, K)ORDER signed by Judge William B. Shubb on 12/3/2009 as to John That Luong and Hoang Ai Le: Court orders 1348 Defendant John That Luong's MOTION to DISMISS the Indictment and 1353 Defendant John That Luong's MOTION to DISMISS Re Pinkerton Theory and Hobbs Act, joined by defendant Hoang Ai Le, and now set for 12/7/2009 TAKEN UNDER SUBMISSION. The Government shall file its response to both motions on or before 12/21/2009. The government's response may address the timeliness, but shall also address the merits of both motions. Defendants' replies shall be filed by 12/28/2009. (Kirksey Smith, K)ORDER signed by Judge William B. Shubb on 12/3/2009 as to John That Luong and Hoang Ai Le: Court orders 1348 Defendant John That Luong's MOTION to DISMISS the Indictment and 1353 Defendant John That Luong's MOTION to DISMISS Re Pinkerton Theory and Hobbs Act, joined by defendant Hoang Ai Le, and now set for 12/7/2009 TAKEN UNDER SUBMISSION. The Government shall file its response to both motions on or before 12/21/2009. The government's response may address the timeliness, but shall also address the merits of both motions. Defendants' replies shall be filed by 12/28/2009. (Kirksey Smith, K)ORDER signed by Judge William B. Shubb on 12/3/2009 as to John That Luong and Hoang Ai Le: Court orders 1348 Defendant John That Luong's MOTION to DISMISS the Indictment and 1353 Defendant John That Luong's MOTION to DISMISS Re Pinkerton Theory and Hobbs Act, joined by defendant Hoang Ai Le, and now set for 12/7/2009 TAKEN UNDER SUBMISSION. The Government shall file its response to both motions on or before 12/21/2009. The government's response may address the timeliness, but shall also address the merits of both motions. Defendants' replies shall be filed by 12/28/2009. (Kirksey Smith, K)
December 21, 2009
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ORDER as to John That Luong signed by Judge William B. Shubb on 12/20/09: The government's opposition are now due on December 31, 2009. The defendant's reply, if any, is ordered to be filed on January 8, 2010. The motions will then be taken under submission, unless the court by separate order requests oral argument. (Kaminski, H)
January 6, 2010
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ORDER signed by Judge William B. Shubb on 1/6/2010 as to John That Luong, Minh Huynh, Thongsouk Theng Lattanaphon, Hoang Ai Le GRANTING 1359 Government's Request for Additional Time to File Opposition to 1348 John That Luong's Motion to Dismiss the Indictment for Failure to Charge Any Federal Offense and 1353 Defendant John That Luong's Motion to Exclude the Application of the Pinkerton Theory of Liability and to Dismiss the Hobb's Act Conspiracy Verdicts (Joinders by Defendants Minh Huynh, Thongsouk Lattanaphom and Hoang Ai Le): Government's Opposition due by 2/5/2010; Defendants' Replies due by 2/19/2010. (Kirksey Smith, K)ORDER signed by Judge William B. Shubb on 1/6/2010 as to John That Luong, Minh Huynh, Thongsouk Theng Lattanaphon, Hoang Ai Le GRANTING 1359 Government's Request for Additional Time to File Opposition to 1348 John That Luong's Motion to Dismiss the Indictment for Failure to Charge Any Federal Offense and 1353 Defendant John That Luong's Motion to Exclude the Application of the Pinkerton Theory of Liability and to Dismiss the Hobb's Act Conspiracy Verdicts (Joinders by Defendants Minh Huynh, Thongsouk Lattanaphom and Hoang Ai Le): Government's Opposition due by 2/5/2010; Defendants' Replies due by 2/19/2010. (Kirksey Smith, K)ORDER signed by Judge William B. Shubb on 1/6/2010 as to John That Luong, Minh Huynh, Thongsouk Theng Lattanaphon, Hoang Ai Le GRANTING 1359 Government's Request for Additional Time to File Opposition to 1348 John That Luong's Motion to Dismiss the Indictment for Failure to Charge Any Federal Offense and 1353 Defendant John That Luong's Motion to Exclude the Application of the Pinkerton Theory of Liability and to Dismiss the Hobb's Act Conspiracy Verdicts (Joinders by Defendants Minh Huynh, Thongsouk Lattanaphom and Hoang Ai Le): Government's Opposition due by 2/5/2010; Defendants' Replies due by 2/19/2010. (Kirksey Smith, K)ORDER signed by Judge William B. Shubb on 1/6/2010 as to John That Luong, Minh Huynh, Thongsouk Theng Lattanaphon, Hoang Ai Le GRANTING 1359 Government's Request for Additional Time to File Opposition to 1348 John That Luong's Motion to Dismiss the Indictment for Failure to Charge Any Federal Offense and 1353 Defendant John That Luong's Motion to Exclude the Application of the Pinkerton Theory of Liability and to Dismiss the Hobb's Act Conspiracy Verdicts (Joinders by Defendants Minh Huynh, Thongsouk Lattanaphom and Hoang Ai Le): Government's Opposition due by 2/5/2010; Defendants' Replies due by 2/19/2010. (Kirksey Smith, K)
January 6, 2010
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ORDER signed by Judge William B. Shubb on 1/6/2010 as to John That Luong, Minh Huynh, Thongsouk Theng Lattanaphon GRANTING 1367 Defendant John That Luong's MOTION to CONTINUE Sentencing: Good cause appearing and upon motion of the defendant John Thuat Luong, joined in by defendants Minh Huynh and Thongsouk Lattanaphom, it is hereby ordered that the Sentencing and 1307, 1320, 1321, 1328, 1331 pending Motions of Defendants Luong, Huynh, and Lattanaphom are continued from 1/19/2010 until 3/1/2010 at 09:00 AM in Courtroom 5 (WBS) before Judge William B. Shubb. At the request of defendant Hoang Ai Le, the sentencing as to defendant Le shall remain set for 1/19/2010 at 09:00 AM in Courtroom 5 (WBS) before Judge William B. Shubb. (Kirksey Smith, K)ORDER signed by Judge William B. Shubb on 1/6/2010 as to John That Luong, Minh Huynh, Thongsouk Theng Lattanaphon GRANTING 1367 Defendant John That Luong's MOTION to CONTINUE Sentencing: Good cause appearing and upon motion of the defendant John Thuat Luong, joined in by defendants Minh Huynh and Thongsouk Lattanaphom, it is hereby ordered that the Sentencing and 1307, 1320, 1321, 1328, 1331 pending Motions of Defendants Luong, Huynh, and Lattanaphom are continued from 1/19/2010 until 3/1/2010 at 09:00 AM in Courtroom 5 (WBS) before Judge William B. Shubb. At the request of defendant Hoang Ai Le, the sentencing as to defendant Le shall remain set for 1/19/2010 at 09:00 AM in Courtroom 5 (WBS) before Judge William B. Shubb. (Kirksey Smith, K)ORDER signed by Judge William B. Shubb on 1/6/2010 as to John That Luong, Minh Huynh, Thongsouk Theng Lattanaphon GRANTING 1367 Defendant John That Luong's MOTION to CONTINUE Sentencing: Good cause appearing and upon motion of the defendant John Thuat Luong, joined in by defendants Minh Huynh and Thongsouk Lattanaphom, it is hereby ordered that the Sentencing and 1307, 1320, 1321, 1328, 1331 pending Motions of Defendants Luong, Huynh, and Lattanaphom are continued from 1/19/2010 until 3/1/2010 at 09:00 AM in Courtroom 5 (WBS) before Judge William B. Shubb. At the request of defendant Hoang Ai Le, the sentencing as to defendant Le shall remain set for 1/19/2010 at 09:00 AM in Courtroom 5 (WBS) before Judge William B. Shubb. (Kirksey Smith, K)
January 6, 2010
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ORDER signed by Judge William B. Shubb on 1/6/2010 as to Hoang Ai Le: Pursuant to the 1373 written request of defendant Hoang Ai Le, filed 1/6/2010, it is hereby ordered that the sentencing and 1321, 1323, 1333motions of defendant Le are continued from 1/19/2010 until 3/1/2010 at 09:00 AM in Courtroom 5 (WBS) before Judge William B. Shubb. (Kirksey Smith, K)
February 8, 2010
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ORDER as to John That Luong signed by Judge William B. Shubb on 2/5/2010 GRANTING 1376 Motion for Extension of Time. The government's opposition is due 2/10/2010 and Dft's reply is to be filed by 2/22/2010. The hearing on the motions is set for 3/1/2010 at 9:00 AM. (Engbretson, K.)
March 2, 2010
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MEMORANDUM AND ORDER RE SENTENCING MOTIONS signed by Judge William B. Shubb on 3/1/10 ORDERING that John That Luong's Sentencing Motions 1307 are DENIED. IT IS FURTHER ORDERED that the Government's MOTION to Strike or Dismiss Defendant John That Luong's Sentencing Motions 1328 is DENIED as MOOT. IT IS FURTHER ORDERED that John That Luong's MOTION to Dismiss Counts 4-9 of the Indictment for Violation of the Double Jeopardy Clause 1321 is DENIED. IT IS FURTHER ORDERED that John That Luong's Motion to Dismiss the Indictment for Failure to Charge any fededral offense 1348 is DENIED. IT IS FURTHER ORDERED that the Government's Motion to Strike or Dismiss Defendant John That Luong's Sentencing Motion to Dismiss Indictment 1378 is DENIED as MOOT. IT IS FURTHER ORDERED that John That Luong's Motion to Exclude the Application of the Pinkerton Theory of liability in his case to Dismiss the Hobbs Act conspiracy verdicts because the Hobbs Act is unconstitutional as applied 1353 is DENIED. (Mena-Sanchez, L)MEMORANDUM AND ORDER RE SENTENCING MOTIONS signed by Judge William B. Shubb on 3/1/10 ORDERING that John That Luong's Sentencing Motions 1307 are DENIED. IT IS FURTHER ORDERED that the Government's MOTION to Strike or Dismiss Defendant John That Luong's Sentencing Motions 1328 is DENIED as MOOT. IT IS FURTHER ORDERED that John That Luong's MOTION to Dismiss Counts 4-9 of the Indictment for Violation of the Double Jeopardy Clause 1321 is DENIED. IT IS FURTHER ORDERED that John That Luong's Motion to Dismiss the Indictment for Failure to Charge any fededral offense 1348 is DENIED. IT IS FURTHER ORDERED that the Government's Motion to Strike or Dismiss Defendant John That Luong's Sentencing Motion to Dismiss Indictment 1378 is DENIED as MOOT. IT IS FURTHER ORDERED that John That Luong's Motion to Exclude the Application of the Pinkerton Theory of liability in his case to Dismiss the Hobbs Act conspiracy verdicts because the Hobbs Act is unconstitutional as applied 1353 is DENIED. (Mena-Sanchez, L)MEMORANDUM AND ORDER RE SENTENCING MOTIONS signed by Judge William B. Shubb on 3/1/10 ORDERING that John That Luong's Sentencing Motions 1307 are DENIED. IT IS FURTHER ORDERED that the Government's MOTION to Strike or Dismiss Defendant John That Luong's Sentencing Motions 1328 is DENIED as MOOT. IT IS FURTHER ORDERED that John That Luong's MOTION to Dismiss Counts 4-9 of the Indictment for Violation of the Double Jeopardy Clause 1321 is DENIED. IT IS FURTHER ORDERED that John That Luong's Motion to Dismiss the Indictment for Failure to Charge any fededral offense 1348 is DENIED. IT IS FURTHER ORDERED that the Government's Motion to Strike or Dismiss Defendant John That Luong's Sentencing Motion to Dismiss Indictment 1378 is DENIED as MOOT. IT IS FURTHER ORDERED that John That Luong's Motion to Exclude the Application of the Pinkerton Theory of liability in his case to Dismiss the Hobbs Act conspiracy verdicts because the Hobbs Act is unconstitutional as applied 1353 is DENIED. (Mena-Sanchez, L)MEMORANDUM AND ORDER RE SENTENCING MOTIONS signed by Judge William B. Shubb on 3/1/10 ORDERING that John That Luong's Sentencing Motions 1307 are DENIED. IT IS FURTHER ORDERED that the Government's MOTION to Strike or Dismiss Defendant John That Luong's Sentencing Motions 1328 is DENIED as MOOT. IT IS FURTHER ORDERED that John That Luong's MOTION to Dismiss Counts 4-9 of the Indictment for Violation of the Double Jeopardy Clause 1321 is DENIED. IT IS FURTHER ORDERED that John That Luong's Motion to Dismiss the Indictment for Failure to Charge any fededral offense 1348 is DENIED. IT IS FURTHER ORDERED that the Government's Motion to Strike or Dismiss Defendant John That Luong's Sentencing Motion to Dismiss Indictment 1378 is DENIED as MOOT. IT IS FURTHER ORDERED that John That Luong's Motion to Exclude the Application of the Pinkerton Theory of liability in his case to Dismiss the Hobbs Act conspiracy verdicts because the Hobbs Act is unconstitutional as applied 1353 is DENIED. (Mena-Sanchez, L)MEMORANDUM AND ORDER RE SENTENCING MOTIONS signed by Judge William B. Shubb on 3/1/10 ORDERING that John That Luong's Sentencing Motions 1307 are DENIED. IT IS FURTHER ORDERED that the Government's MOTION to Strike or Dismiss Defendant John That Luong's Sentencing Motions 1328 is DENIED as MOOT. IT IS FURTHER ORDERED that John That Luong's MOTION to Dismiss Counts 4-9 of the Indictment for Violation of the Double Jeopardy Clause 1321 is DENIED. IT IS FURTHER ORDERED that John That Luong's Motion to Dismiss the Indictment for Failure to Charge any fededral offense 1348 is DENIED. IT IS FURTHER ORDERED that the Government's Motion to Strike or Dismiss Defendant John That Luong's Sentencing Motion to Dismiss Indictment 1378 is DENIED as MOOT. IT IS FURTHER ORDERED that John That Luong's Motion to Exclude the Application of the Pinkerton Theory of liability in his case to Dismiss the Hobbs Act conspiracy verdicts because the Hobbs Act is unconstitutional as applied 1353 is DENIED. (Mena-Sanchez, L)MEMORANDUM AND ORDER RE SENTENCING MOTIONS signed by Judge William B. Shubb on 3/1/10 ORDERING that John That Luong's Sentencing Motions 1307 are DENIED. IT IS FURTHER ORDERED that the Government's MOTION to Strike or Dismiss Defendant John That Luong's Sentencing Motions 1328 is DENIED as MOOT. IT IS FURTHER ORDERED that John That Luong's MOTION to Dismiss Counts 4-9 of the Indictment for Violation of the Double Jeopardy Clause 1321 is DENIED. IT IS FURTHER ORDERED that John That Luong's Motion to Dismiss the Indictment for Failure to Charge any fededral offense 1348 is DENIED. IT IS FURTHER ORDERED that the Government's Motion to Strike or Dismiss Defendant John That Luong's Sentencing Motion to Dismiss Indictment 1378 is DENIED as MOOT. IT IS FURTHER ORDERED that John That Luong's Motion to Exclude the Application of the Pinkerton Theory of liability in his case to Dismiss the Hobbs Act conspiracy verdicts because the Hobbs Act is unconstitutional as applied 1353 is DENIED. (Mena-Sanchez, L)MEMORANDUM AND ORDER RE SENTENCING MOTIONS signed by Judge William B. Shubb on 3/1/10 ORDERING that John That Luong's Sentencing Motions 1307 are DENIED. IT IS FURTHER ORDERED that the Government's MOTION to Strike or Dismiss Defendant John That Luong's Sentencing Motions 1328 is DENIED as MOOT. IT IS FURTHER ORDERED that John That Luong's MOTION to Dismiss Counts 4-9 of the Indictment for Violation of the Double Jeopardy Clause 1321 is DENIED. IT IS FURTHER ORDERED that John That Luong's Motion to Dismiss the Indictment for Failure to Charge any fededral offense 1348 is DENIED. IT IS FURTHER ORDERED that the Government's Motion to Strike or Dismiss Defendant John That Luong's Sentencing Motion to Dismiss Indictment 1378 is DENIED as MOOT. IT IS FURTHER ORDERED that John That Luong's Motion to Exclude the Application of the Pinkerton Theory of liability in his case to Dismiss the Hobbs Act conspiracy verdicts because the Hobbs Act is unconstitutional as applied 1353 is DENIED. (Mena-Sanchez, L)
March 8, 2010
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JUDGMENT and COMMITMENT as to Hoang Ai Le signed by Judge William B. Shubb on 3/8/2010. (Kirksey Smith, K)
March 8, 2010
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JUDGMENT and COMMITMENT as to John That Luong signed by Judge William B. Shubb on 3/8/2010. (Kirksey Smith, K)
March 10, 2010
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JUDGMENT and COMMITMENT as to Thongsouk Theng Lattanaphon signed by Judge William B. Shubb on 3/10/2010. (Kirksey Smith, K)
March 12, 2010
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ORDER signed by Judge William B. Shubb on 3/12/10 DENYING deft's 1417 Motion for Reconsideration as to Thongsouk Theng Lattanaphon (4). (Owen, K)
June 1, 2010
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ORDER signed by Magistrate Judge Gregory G. Hollows on 6/1/10 as to Son Van Nguyen ORDERING that respondent is directed to file an answer within 30 days of the effective date of this order. 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. (cc US Atty) (Dillon, M)
August 26, 2010
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ORDER signed by Magistrate Judge Gregory G. Hollows on 08/25/10 ORDERINGthe 1435 Order, VACATED; the 1502 MOTION and 1503 MOTION be VACATED without prejudice to being re-filed once counsel has been appointed; the Clerk shall forward file to Federal Defender; Federal Defender to advise whether movant qualifies for appointment of counsel. A briefing schedule will be re-set in this matter. (Williams, D)
November 24, 2010
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ORDER signed by Magistrate Judge Gregory G. Hollows on 11/23/10 ORDERING that within 28 days of this order, the parties shall file a joint scheduling statement.(Dillon, M)
January 4, 2011
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ORDER signed by Magistrate Judge Gregory G. Hollows on 1/4/2011, as to Son Van Nguyen, ORDERING that should movant choose to stand on the original § 2255 motion, movant's counsel must so inform the court and must file any supplemental memorandum of points and authorities w/in 28 days; alternatively, should movant elect to proceed on an amended § 2255 motion, the amended motion must be filed w/in 28 days, along w/ any supporting memorandum of points and authorities; respondent to file an answer or dispositive motion w/in 28 days thereafter. (Yin, K)
February 15, 2011
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ORDER signed by Magistrate Judge Gregory G. Hollows on 2/15/11 DENYING request for investigative monies; Movant should first use telephonic/video means to interview persons. If warranted and necessary, the court may then approve a renewed request that the investigator make a (second) trip to the East Coast for the purpose of interviews. (Manzer, C)
February 18, 2011
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JUDGMENT and COMMITMENT as to Minh Huynh signed by Judge William B. Shubb on 2/18/2011. (Kirksey Smith, K)
March 14, 2011
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ORDER as to Son Van Nguyen signed by Magistrate Judge Gregory G. Hollows on 3/14/11 DENYING Movant's Request for further investigative monies without prejudice to a prima facie showing of actual innocence. (Donati, J)
March 24, 2011
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ORDER signed by Judge William B. Shubb on 3/23/2011 ORDERING 1431 In Court Hearing set for 4/11/2011 at 08:30 AM in Courtroom 5 (WBS) before Judge William B. Shubb. Counsel for defendant and the United States shall appear. Defendant's presence shall not be required as to Son Van Nguyen. (Reader, L)
June 9, 2011
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STIPULATION and ORDER signed by Magistrate Judge Gregory G. Hollows on 6/8/2011 and agreed between the parties that movant Son Van Nguyen's supplemental 2255 motion is due 6/27/2011; the government's answer is due 30 days later. (Yin, K)
September 19, 2011
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ORDER signed by Judge William B. Shubb on 9/16/2011 GRANTING 1549 Defendants Motion to Conditionally unseal documents as to Minh Huynh (2). (Reader, L)
September 23, 2011
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ORDER signed by Magistrate Judge Gregory G. Hollows on 9/22/11 ORDERING that the government SHOW CAUSE for its failure to file a timely response to movants 1548 amended § 2255 motion, as well as file its response to the amended motion, within seven days of the date of its order. (Dillon, M)
October 5, 2011
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ORDER signed by Magistrate Judge Gregory G. Hollows on 10/4/11 ORDERING that the court will deem the show cause order discharged and will also grant respondent an extension of time, until 10/14/11, to file a response to the amended § 2255 motion 1548. There will be no further extension of time. (Dillon, M)
November 22, 2011
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ORDER signed by Magistrate Judge Gregory G. Hollows on 11/21/11 ORDERING that 1558 Request for extension of time is GRANTED. Mr. Nguyens traverse is due on or before December 6, 2011. (Dillon, M)ORDER signed by Magistrate Judge Gregory G. Hollows on 11/21/11 ORDERING that 1558 Request for extension of time is GRANTED. Mr. Nguyens traverse is due on or before December 6, 2011. (Dillon, M)ORDER signed by Magistrate Judge Gregory G. Hollows on 11/21/11 ORDERING that 1558 Request for extension of time is GRANTED. Mr. Nguyens traverse is due on or before December 6, 2011. (Dillon, M)ORDER signed by Magistrate Judge Gregory G. Hollows on 11/21/11 ORDERING that 1558 Request for extension of time is GRANTED. Mr. Nguyens traverse is due on or before December 6, 2011. (Dillon, M)ORDER signed by Magistrate Judge Gregory G. Hollows on 11/21/11 ORDERING that 1558 Request for extension of time is GRANTED. Mr. Nguyens traverse is due on or before December 6, 2011. (Dillon, M)ORDER signed by Magistrate Judge Gregory G. Hollows on 11/21/11 ORDERING that 1558 Request for extension of time is GRANTED. Mr. Nguyens traverse is due on or before December 6, 2011. (Dillon, M)ORDER signed by Magistrate Judge Gregory G. Hollows on 11/21/11 ORDERING that 1558 Request for extension of time is GRANTED. Mr. Nguyens traverse is due on or before December 6, 2011. (Dillon, M)
March 22, 2012
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ORDER signed by Judge William B. Shubb on 3/22/2012 ORDERING 1561 the US shall file its opposition to defendant's Hoang Nguyen motion to vacate, set aside, or correct his sentence no later than 5/21/2012; defendant may then file a reply no later than 6/11/2012; the Court will then take the motion under submission. (Reader, L)
July 13, 2012
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ORDER signed by Judge William B. Shubb on 7/13/2012 as to Hoang Nguyen re 1567 Defendant's AMENDED MOTION to VACATE: The United States shall file its opposition no later than 9/12/2012. Defendant shall file a reply no later than 10/15/2012. Unless a second amended motion is filed before then, the court will then take the first amended motion under submission. (Kirksey Smith, K)
September 20, 2012
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ORDER signed by Judge William B. Shubb on 9/20/2012 granting 1573 Government's MOTION for EXTENSION of TIME to respond to defendant Hoang Nguyen's 2255 Petition no later than 11/16/2012. Defendant's reply shall be filed by 12/17/2012. (Kirksey Smith, K)
November 29, 2012
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ORDER as to Hoang Nguyen signed by Senior Judge William B. Shubb on 11/28/12. ORDERING that for the foregoing reasons and good cause having been shown in the Government's Motion for an Extension of Time to Response to the Defendant's § 2255 Petition is GRANTED and the government's response to defendant's § 2255 petition is now due on December 14, 2012.(Becknal, R)
January 8, 2013
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ORDER as to Hoang Nguyen signed by Senior Judge William B. Shubb on 1/8/13: Government's Motion for an Extension of Time to Response to the Defendant's § 2255 Petition is GRANTED and the government's response to defendant's § 2255 petition is now due on January 11, 2013. (Kaminski, H)
February 4, 2013
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ORDER signed by Senior Judge William B. Shubb on 2/1/2013 as to Hoang Nguyen (Bao Lu) granting 1590 Defendant's Request for 45 days to respond to govenrment's opposition to defendant's 2255 motion, no later than 3/11/2013. (Kirksey Smith, K)
March 7, 2013
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ORDER granting 1592 Defendant Lu's Request for Extention of Time to Reply to Government's Opposition to Defendant's 2255 Motion no later than 4/10/2013 signed by Senior Judge William B. Shubb on 3/7/2013. (Kirksey Smith, K)
April 9, 2013
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ORDER as to Hoang Nguyen (Bao Hoang Lu) signed by Senior Judge William B. Shubb on 4/8/13. Defendant's motion for extension of time to file a reply to the opposition is granted; reply due on or before 4/24/13. (Manzer, C)
May 16, 2013
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ORDER as to Hoang Nguyen signed by Senior Judge William B. Shubb on 5/16/2013 ORDERING that defendant's 1567 motion to set aside, vacate, or correct his sentence under 28 U.S.C. § 2255 be, and the same hereby is, DENIED. (Zignago, K.)
July 10, 2013
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ORDER signed by Senior Judge William B. Shubb on 7/10/2013 DENYING defendant Hoang Nguyen's 1599 Motion for Certificate of Appealability. (Marciel, M)
August 20, 2013
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 8/19/13 as to Son Van Nguyen RECOMMENDING that 1548 Amended Motion to Vacate, Set Aside, or Correct Sentence under 28 U.S.C. 2255 be denied.(Dillon, M)
October 17, 2013
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ORDER ADOPTING FINDINGS and RECOMMENDATIONS signed by Senior Judge William B. Shubb on 10/17/13 as to Son Van Nguyen re 1606 Findings and Recommendations. Petitioner Son Van Nguyen' motion under 28 USC Section 2255 is DENIED. A certificate of appealability SHOULD NOT issue in this action. (Meuleman, A)
October 29, 2015
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ORDER signed by Senior Judge William B. Shubb on 10/29/2015 GRANTING attorney Karen L. Landau's 1633 Motion to Withdraw as Counsel for defendant John That Luong. United States Attorney shall take appropriate steps to have defendant brought before Court for resentencing pursuant to Mandate of United States Court of Appeals for the Ninth Circuit. (Marciel, M)
November 13, 2015
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ORDER signed by Senior Judge William B. Shubb on 11/12/15 ORDERING that defendant John That Luong's 1636 motion to waive his appearance and allocution at resentencing is DENIED. The U.S. Attorney shall make the necessary arrangements for defendant to be brought to court for resentencing, in accordance with this Order. (Benson, A)
February 2, 2016
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MEMORANDUM AND ORDER signed by Senior Judge William B. Shubb on 2/1/2016 GRANTING [1646] Defendant's Motion to Dismiss; that defendants' motion to dismiss counts two, three, seven, and nine as to Thongsouk Theng Lattanaphon (4); and Count five as to Minh Huynh (2) of the Indictment be, and the same hereby is GRANTED. (Reader, L) Modified on 2/3/2016 (Reader, L).MEMORANDUM AND ORDER signed by Senior Judge William B. Shubb on 2/1/2016 GRANTING [1646] Defendant's Motion to Dismiss; that defendants' motion to dismiss counts two, three, seven, and nine as to Thongsouk Theng Lattanaphon (4); and Count five as to Minh Huynh (2) of the Indictment be, and the same hereby is GRANTED. (Reader, L) Modified on 2/3/2016 (Reader, L).
February 19, 2016
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ORDER signed by Senior Judge William B. Shubb on 2/19/2016 as to Minh Huynh and Thongsouk Theng Lattanaphon re 1659 Court's Order filed 2/1/2016: The 1659 Court's Order is HEREBY AMENDED as follows: On page two, line seven, after the word violence, add the words, "that is, conspiracy to commit a robbery affecting interstate commerce." On page six, line one, strike the words, "that the indictment fails to charge an offense or." With these modifications, 1663 the Government's Motion for Reconsideration is DENIED and 1667 Defendant Lattanaphom's combined 1667 Motions are DENIED AS MOOT. (Kirksey Smith, K)ORDER signed by Senior Judge William B. Shubb on 2/19/2016 as to Minh Huynh and Thongsouk Theng Lattanaphon re 1659 Court's Order filed 2/1/2016: The 1659 Court's Order is HEREBY AMENDED as follows: On page two, line seven, after the word violence, add the words, "that is, conspiracy to commit a robbery affecting interstate commerce." On page six, line one, strike the words, "that the indictment fails to charge an offense or." With these modifications, 1663 the Government's Motion for Reconsideration is DENIED and 1667 Defendant Lattanaphom's combined 1667 Motions are DENIED AS MOOT. (Kirksey Smith, K)ORDER signed by Senior Judge William B. Shubb on 2/19/2016 as to Minh Huynh and Thongsouk Theng Lattanaphon re 1659 Court's Order filed 2/1/2016: The 1659 Court's Order is HEREBY AMENDED as follows: On page two, line seven, after the word violence, add the words, "that is, conspiracy to commit a robbery affecting interstate commerce." On page six, line one, strike the words, "that the indictment fails to charge an offense or." With these modifications, 1663 the Government's Motion for Reconsideration is DENIED and 1667 Defendant Lattanaphom's combined 1667 Motions are DENIED AS MOOT. (Kirksey Smith, K)ORDER signed by Senior Judge William B. Shubb on 2/19/2016 as to Minh Huynh and Thongsouk Theng Lattanaphon re 1659 Court's Order filed 2/1/2016: The 1659 Court's Order is HEREBY AMENDED as follows: On page two, line seven, after the word violence, add the words, "that is, conspiracy to commit a robbery affecting interstate commerce." On page six, line one, strike the words, "that the indictment fails to charge an offense or." With these modifications, 1663 the Government's Motion for Reconsideration is DENIED and 1667 Defendant Lattanaphom's combined 1667 Motions are DENIED AS MOOT. (Kirksey Smith, K)ORDER signed by Senior Judge William B. Shubb on 2/19/2016 as to Minh Huynh and Thongsouk Theng Lattanaphon re 1659 Court's Order filed 2/1/2016: The 1659 Court's Order is HEREBY AMENDED as follows: On page two, line seven, after the word violence, add the words, "that is, conspiracy to commit a robbery affecting interstate commerce." On page six, line one, strike the words, "that the indictment fails to charge an offense or." With these modifications, 1663 the Government's Motion for Reconsideration is DENIED and 1667 Defendant Lattanaphom's combined 1667 Motions are DENIED AS MOOT. (Kirksey Smith, K)ORDER signed by Senior Judge William B. Shubb on 2/19/2016 as to Minh Huynh and Thongsouk Theng Lattanaphon re 1659 Court's Order filed 2/1/2016: The 1659 Court's Order is HEREBY AMENDED as follows: On page two, line seven, after the word violence, add the words, "that is, conspiracy to commit a robbery affecting interstate commerce." On page six, line one, strike the words, "that the indictment fails to charge an offense or." With these modifications, 1663 the Government's Motion for Reconsideration is DENIED and 1667 Defendant Lattanaphom's combined 1667 Motions are DENIED AS MOOT. (Kirksey Smith, K)ORDER signed by Senior Judge William B. Shubb on 2/19/2016 as to Minh Huynh and Thongsouk Theng Lattanaphon re 1659 Court's Order filed 2/1/2016: The 1659 Court's Order is HEREBY AMENDED as follows: On page two, line seven, after the word violence, add the words, "that is, conspiracy to commit a robbery affecting interstate commerce." On page six, line one, strike the words, "that the indictment fails to charge an offense or." With these modifications, 1663 the Government's Motion for Reconsideration is DENIED and 1667 Defendant Lattanaphom's combined 1667 Motions are DENIED AS MOOT. (Kirksey Smith, K)
March 4, 2016
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ORDER signed by Senior Judge William B. Shubb on 3/3/16 as to Thy Chann ORDERING that pursuant to the provisions of the Criminal Justice Act, 18 U.S. C. §§ 3006A(a)(1) and (c), Attorney Lindsay A. Weston is appointed counsel for Mr. Chann. (Kastilahn, A)
March 4, 2016
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ORDER signed by Senior Judge William B. Shubb on 3/3/16 as to Hoang Nguyen ORDERING that due to a conflict, the Federal Defender is relieved and Attorney, Katherine L. Hart is appointed counsel for Hoang Nguyen. (Kastilahn, A)
March 4, 2016
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ORDER signed by Senior Judge William B. Shubb on 3/3/16 as to Son Van Nguyen ORDERING that due to a conflict, the Federal Defender is relieved and Attorney Krista Hart is appointed counsel for Mr. Nguyen. (Kastilahn, A)
April 18, 2016
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ORDER signed by Senior Judge William B. Shubb on 4/18/2016 DENYING without prejudice 1692 Defendant Hoang Ai Le's Motion to Dismiss Count 9. (Kirksey Smith, K)
April 20, 2016
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MEMORANDUM AND ORDER signed by Senior Judge William B. Shubb on 4/20/16 ORDERING that Defendant John That Luong's MOTION TO DISMISS 1686 is GRANTED. (Mena-Sanchez, L)
May 20, 2016
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ORDER signed by Senior Judge William B. Shubb on 5/19/2016 ORDERING the court accepts defendant John That Luong's waiver of appearance for resentencing proceedings and directs the United States Attorney's Office to make arrangements to have Mr. Luong returned to federal prison. (Reader, L)
May 25, 2016
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ORDER signed by Senior Judge William B. Shubb on 05/25/16 ORDERING that the United States shall file an opposition to petitioner Hoang Ai Le's 1706 2255 Motion by 06/24/16; petitioner may then file a reply by 07/08/16. The court will then take the motion under submission and will inform the parties if oral argument or further proceedings are necessary. Defendant Le's 1705 Motion to adopt or join all co-defendants' motions to dismiss is DENIED for the same reasons stated in 1696 04/18/16 Order. (Benson, A)
June 21, 2016
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ORDER signed by Senior Judge William B. Shubb on 6/21/2016 as to Hoang Ai Le GRANTING 1720 USA's MOTION for EXTENSION of TIME to respond to 1706 Le's MOTION to VACATE, Set Aside or Correct Sentence under 28 U.S.C. 2255 to 7/15/2016. Defendant's reply shall be filed by July 29, 2016. (Kirksey Smith, K) (Main Document 1721 replaced on 6/21/2016) (Kirksey Smith, K).
June 21, 2016
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ORDER signed by Senior Judge William B. Shubb on 6/21/2016 as to Hoang Nguyen re 1719 MOTION to VACATE, Set Aside or Correct Sentence under 28 U.S.C. 2255: The 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)
June 21, 2016
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ORDER signed by Senior Judge William B. Shubb on 6/21/2016 as to Hoang Ai Le re 1717 MOTION to Vacate, Set Aside or Correct Sentence under 28 U.S.C. 2255: The 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)
June 28, 2016
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ORDER signed by Senior Judge William B. Shubb on 6/27/16 as to Son Van Nguyen ORDERING that the United States shall file an opposition to petitioner's motion no later than 7/27/2016. Petitioner may then file a reply no later than 8/10/2016. The court will then take the motion under submission and will inform the parties if oral argument or further proceedings are necessary. (Kastilahn, A)
June 29, 2016
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ORDER signed by Senior Judge William B. Shubb on 6/28/16 ORDERING as to Thy Chan the United States shall file an opposition to petitioner's motion no later than July 22, 2016. Petitioner may then file a reply no later than August 5, 2016. The court will then take the motion under submission and will inform the parties if oral argument or further proceedings are necessary. (Becknal, R)
July 14, 2016
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ORDER signed by Senior Judge William B. Shubb on 7/13/2016 REFERRING 1728 Motion to Vacate, Set Aside or Correct Sentence under 28 U.S.C. § 2255 as to Thy Chann to Magistrate Judge Allison Claire for all further proceedings; ORDERING that the briefing schedule re 1730 Order remain in effect. (Michel, G.)
July 14, 2016
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ORDER signed by Senior Judge William B. Shubb on 7/13/2016 REFERRING 1719 Motion to Vacate, Set Aside or Correct Sentence under 28 U.S.C. § 2255 as to Hoang Nguyen to Magistrate Judge Allison Claire for all further proceedings; ORDERING that the briefing schedule re 1722 Order remain in effect. (Michel, G.)
July 14, 2016
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ORDER signed by Senior Judge William B. Shubb on 7/13/2016 REFERRING 1725 Motion to Vacate, Set Aside or Correct Sentence under 28 U.S.C. § 2255 as to Son Van Nguyen to Magistrate Judge Allison Claire for all further proceedings; ORDERING that the briefing schedule re 1729 Order remain in effect. (Michel, G.)
July 14, 2016
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ORDER signed by Senior Judge William B. Shubb on 7/13/2016 REFERRING 1706, 1717 Motions to Vacate, Set Aside or Correct Sentence under 28 U.S.C. § 2255 as to Hoang Ai Le to Magistrate Judge Allison Claire for all further proceedings; ORDERING that the briefing schedule re 1723 Order remain in effect. (Michel, G.)
July 26, 2016
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ORDER; FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 7/25/16 as to Hoang Ai Le ORDERING that the government's Motion for Clarification, for Stay of Proceedings, and in the alternative, for Extension of Time (ECF No. 1738) is DENIED as moot. IT IS HEREBY RECOMMEDED that defendants pro se motions, ECF Nos. 1706 and 1717, be STRICKEN without prejudice to renewal through counsel following resolution of the pending appeal. (Dillon, M)
September 12, 2016
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ORDER ADOPTING FINDINGS AND RECOMMENDATIONS signed by Senior Judge William B. Shubb on 9/12/2016 FINDINGS AND RECOMMENDATION 1741 are ADOPTED in FULL; Defendant Hoang Ai Le's Motions 1706, 1717 are STRICKEN without prejudice to renewal through counsel following resolution of the pending appeal. (Reader, L)
September 15, 2016
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RELATED CASE ORDER signed by Magistrate Judge Allison Claire on 9/15/2016 ORDERING that cases 2:99-cr-0433 WBS AC, 2:16-cv-1442 WBS AC and 2:15-cv-2572 DB P are RELATED. The action enominated as 2:15-cv-2572 DB P is reassigned to Magistrate Judge Allison Claire1 for all further proceedings, and any dates currently set in the reassigned case only are hereby VACATED. Henceforth, the caption on documents filed in the reassigned case shall be shown as No. 2:15-cv-2572 AC P. (Zignago, K.)
October 6, 2016
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ORDER as to Son Van Nguyen signed by Magistrate Judge Allison Claire on 10/6/16ORDERING that Respondent's request that the court stay this action or alternatively extend the deadline to file an answer to January 31, 2017 (ECF No. 1742), is DENIED. Within 30 days after the filing date of this order, respondent shall file and serve an answer to movant's motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. § 2255 (ECF No. 1725). Within 30 days after the filing date of respondents answer, movant may file atraverse. Movant's motion to strike (ECF No. 1747) is DENIED. (Dillon, M)
November 1, 2016
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ORDER signed by Magistrate Judge Allison Claire on 10/31/16 as to Thy Chann, Hoang Nguyen, Son Van Nguyen ORDERING that the government's motion to file a consolidated response and to extend the time for responding (Luong ECF No. 1756; Di ECF No. 72) is: GRANTED as to the movants in United States v. Luong, et al., 99-cr-0433 WBS AC, and the government may file a consolidated response to the § 2255 motions filed by movants Chann, H. Nguyen, and S. Nguyen no later than November 30, 2016; DENIED as to the movant in United States v. Di, 98-cr-0233. The government's response in United States v. Di, 98-cr-0233, shall be filed in accordance with the order granting movant Di's motion for leave to file an amended § 2255 motion (Di ECF No. 73). (Dillon, M)ORDER signed by Magistrate Judge Allison Claire on 10/31/16 as to Thy Chann, Hoang Nguyen, Son Van Nguyen ORDERING that the government's motion to file a consolidated response and to extend the time for responding (Luong ECF No. 1756; Di ECF No. 72) is: GRANTED as to the movants in United States v. Luong, et al., 99-cr-0433 WBS AC, and the government may file a consolidated response to the § 2255 motions filed by movants Chann, H. Nguyen, and S. Nguyen no later than November 30, 2016; DENIED as to the movant in United States v. Di, 98-cr-0233. The government's response in United States v. Di, 98-cr-0233, shall be filed in accordance with the order granting movant Di's motion for leave to file an amended § 2255 motion (Di ECF No. 73). (Dillon, M)ORDER signed by Magistrate Judge Allison Claire on 10/31/16 as to Thy Chann, Hoang Nguyen, Son Van Nguyen ORDERING that the government's motion to file a consolidated response and to extend the time for responding (Luong ECF No. 1756; Di ECF No. 72) is: GRANTED as to the movants in United States v. Luong, et al., 99-cr-0433 WBS AC, and the government may file a consolidated response to the § 2255 motions filed by movants Chann, H. Nguyen, and S. Nguyen no later than November 30, 2016; DENIED as to the movant in United States v. Di, 98-cr-0233. The government's response in United States v. Di, 98-cr-0233, shall be filed in accordance with the order granting movant Di's motion for leave to file an amended § 2255 motion (Di ECF No. 73). (Dillon, M)
November 30, 2016
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ORDER signed by Magistrate Judge Allison Claire on 11/29/16 as to Hoang Ai Le ORDERING that Respondent shall file an answer to petitioners amended motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. § 2255 (ECF No. 1760) within 30 days of service of this order. 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. (cc US Attorney) (Dillon, M)
December 14, 2016
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STIPULATION and ORDER signed by Magistrate Judge Allison Claire on 12/14/16 as to Hoang Ai Le ORDERING that the Court, having received, read, and considered the stipulation of the parties, and good cause appearing therefrom, adopts the stipulation of the parties in its entirety as its order. It is further ordered that the Governments answering brief to defendants section 2255 petition is now due January 31, 2017. (Dillon, M)
January 31, 2017
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STIPULATION and ORDER as to Hoang Ai Le signed by Magistrate Judge Allison Claire on 1/31/2017 ORDERING that the Government's answering brief to defendant's section 2255 petition is now due 2/7/2017. (Zignago, K.)
February 8, 2017
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ORDER signed by Magistrate Judge Allison Claire on 2/07/17 as to Hoang Ai Le ordering the Court, having received, read, and considered the stipulation of the parties, and good cause appearing therefrom, adopts the stipulation of the parties in its entirety as its order. It is further ordered that the Governments answering brief to defendants section 2255 petition is now due February 15, 2017. The defendants reply, if any, is due 30 days thereafter. (Plummer, M) Modified on 2/8/2017 (Plummer, M).
February 16, 2017
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STIPULATION and ORDER as to Hoang Ai Le signed by Magistrate Judge Allison Claire on 02/15/17 ordering the Court, having received, read, and considered the stipulation of the parties, and good cause appearing therefrom, adopts the stipulation of the parties in its entirety as its order.It is further ordered that the Governments answering brief to defendants section 2255 petition is now due February 17, 2017. The defendants reply, if any, is due 30 days thereafter. (Plummer, M) Modified on 2/17/2017 (Plummer, M).
February 22, 2017
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STIPULATION and ORDER signed by Magistrate Judge Allison Claire on 2/21/17 as to Hoang Ai Le ORDERING that the Court adopts the 1783 stipulation of the parties in its entirety as its order. It is further ordered that the Government's answering brief to defendant's section 2255 petition is now due February 28, 2017. The defendant's reply, if any, is due 30 days thereafter. (Dillon, M)
March 9, 2017
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STIPULATION and ORDER as to Hoang Ai Le signed by Magistrate Judge Allison Claire on 03/08/17 ordering that the Government's amended opposition to defendant's section 2255 petition is deemed filed. The defendant's reply, if any, is due within 30 days. (Plummer, M)