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16-22200 - Leone v. United States of America


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16-22200 - Leone v. United States of America
June 30, 2016
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REPORT AND RECOMMENDATIONS on 28 USC 2255 case re 1 Motion (Complaint) to Vacate/Set Aside/Correct Sentence (2255) filed by Salvatore Leone Recommending that the motion to vacate be GRANTED, that, consistent with the joint stipulation, the sentence be vacated, and the court enter an Amended Judgment and issue an Order correcting the movants sentence to reflect 120 months. It is also recommended that the court include a notation with directions for expedited processing due to the movants eligibility for immediate release. It is further recommended that no certificate of appealability issue herein, and that this case be closed. Objections to R&R due by 7/18/2016 Signed by Magistrate Judge Patrick A. White on 6/30/2016. (tw)
August 24, 2016
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NON-FINAL ORDER DISMISSING WITHOUT PREJUDICE 5 Motion to Correct Sentence Pursuant to 28 U.S.C. sec. 2255, and REJECTING AS MOOT the 11 Report and Recommendation of the Magistrate Judge. Signed by Judge Joan A. Lenard on 8/24/2016. (gie)
February 2, 2017
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OMNIBUS ORDER DENYING 27 Motion to Reconsider; GRANTING 27 Request for a Final Order of Dismissal; ADOPTING AND SUPPLEMENTING the Court's Prior 25 Non-Final Order; DISMISSING Pursuant to 28 U.S.C. sec. 2255(h) or, Alternatively, DENYING Pursuant to 28 U.S.C. sec. 2255(a) 5 Motion to Vacate and 27 Amended Motion to Vacate; DENYING a Certificate of Appealability; and CLOSING CASE. Signed by Judge Joan A. Lenard on 2/2/2017. (gie) NOTICE: If there are sealed documents in this case, they may be unsealed after 1 year or as directed by Court Order, unless they have been designated to be permanently sealed. See Local Rule 5.4 and Administrative Order 2014-69.