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16-512 - Troiano v. USA


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16-512 - Troiano v. USA
August 25, 2017
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ORDER GRANTING, IN PART, AND DENYING, IN PART, PETITIONER'S MOTION UNDER 28 U.S.C. § 2255 TO VACATE, SET ASIDE, OR CORRECT SENTENCE BY A PERSON IN FEDERAL CUSTODY (ECF No. 324) re 1 - Signed by JUDGE HELEN GILLMOR on 8/25/2017. (CR 05-00261 HG; CV 16-00512 HG-KSC) "Petitioner's Section 2255 Motion is GRANTED, IN PART, AND DENIED, IN PART. Petitioner's challenge to his ACCA sentencing enhancement applied to his Felon in Possession of a Firearm charge in Count 4 is GRANTED. Petitioner's challenge to the Career Offender designation as to Counts 1 and 2 of his conviction is DENIED. Petitioner's challenge to the use of his Hobbs Act Robbery as a basis for a Career Offender Designation is DENIED. The Parties shall file memoranda addressing their positions as to the procedure for post-2255 proceedings in this case. The memoranda shall be filed on or before Friday, September 29, 2017. The memoranda shall address the need for a revised Presentence Investigation Report, the need for a resentencing hearing, and the need for Petitioner to be present at a resentencing hearing." (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
February 5, 2018
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. Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry. The Ninth Circuit Court of Appeals served via CM/ECF on February 5, 2018. ORDER GRANTING, IN PART, AND DENYING, IN PART, PETITIONER'S REQUEST FOR A CERTIFICATE OF APPEALABLITY (ECF NO. 346) re 8 Notice of Appeal - Signed by JUDGE HELEN GILLMOR on 2/5/2018. (CR 05-00261 HG-01; CV 16-00512 HG-KSC) "Petitioner James Troiano's Request for a Certificate ofAppealability (ECF No. 346) is GRANTED, IN PART, and DENIED, INPART. As to the ORDER GRANTING, IN PART, AND DENYING, IN PART,PETITIONERS MOTION UNDER 28 U.S.C. § 2255 TO VACATE, SET ASIDE,OR CORRECT SENTENCE BY A PERSON IN FEDERAL CUSTODY (ECF No. 340): (1) Petitioner's Request for a Certificate of Appealability to challenge his Career Offender Designation is DENIED. (2) Petitioner's Request for a Certificate of Appealability to challenge the finding that his conviction for Hobbs Act robbery constitutes a crime of violence is DENIED. As to the ORDER CORRECTING THE SENTENCE OF DEFENDANT JAMES TROIANO AS TO COUNT 4 IN THE SUPERSEDING INDICTMENT (ECF No. 344): (1) Petitioner's Request for a Certificate of Appealability to challenge the procedure by which the District Court corrected his sentence is GRANTED." (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF)