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02-060 - USA v. Swayze


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02-060 - USA v. Swayze
June 8, 2006
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ORDER re 105 MOTION to Vacate under 28 U.S.C. 2255 (Civil Action C 05-9 LRR.) filed by Curtis Swayze, 114 Order, Set/Reset Motion as to Defendant Curtis Swayze. The Government is directed to expand the record pursuant to Rule 7 of the Rules Governing Section 2255 Proceedings by no later than June 15, 2006. Responses due by 6/29/2006. In the event the government is unable to comply with this order, the government is directed to inform the court that an evidentiary hearing is warranted. Signed by Judge Linda R Reade on 6/8/06. (copy to pro se deft) (de)
March 28, 2008
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ORDER denying 105 Motion to Vacate (2255)(Civil Action C05-9-LRR); denying 106 Motion for Hearing; denying 113 Motion to Amend/Correct; and granting 121 Motion for Ruling all as to Curtis Swayze(1). In addition, the court does not believe that appellate review of the defendant's claims is warranted, and therefore, a certificate of appealability is denied. Signed by Chief Judge Linda R Reade on 3/28/08. Copy to Defendant. (ksy) Modified text on 4/1/2008 (ksy).
April 25, 2008
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PRELIMINARY ORDER re 122 MOTION for Reduction of Sentence i/c/w Crack Cocaine Amendment filed by Curtis Swayze. The Clerk of Court is directed to send a copy of this order to the United States, the defendant and the Federal Public Defender. The Clerk of Court is also directed to send the defendant a CJA 23 form, that is, the financial affidavit form. (Parties see text of order for deadlines and further instructions.) (Check Status Deadline due by 4/30/08.) (NEF and Order to defendant w/CJA23 at FCI Pekin, FPD, USA). Signed by Chief Judge Linda R Reade on 4/25/08. (ksy) Modified check status deadline on 4/25/2008 (ksy).
May 1, 2008
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ORDER Regarding Final Decision on Reduction of Sentence i/c/w Crack Cocaine Amendment re 125 Order as to Defendant Curtis Swayze. The Court grants a reduction in the defendant's term of imprisonment. The defendant's previously imposed 97 month term of imprisonment, as reflected in the judgment dated 11/19/03, is reduced to time served. The defendant's new term of time served applies to Count 1 and Count 2 of the indictment. Except as provided above, all provisions of the judgment dated 11/19/03 remain in effect. As previously stated in the 4/25/08 order and without a separate order from the court, the duration and conditions of the defendant's supervised release remain unchanged. The Clerk of Court is directed to send and fax a copy of this order to the Bureau of Prisons, that is, the place where the defendant is currently incarcerated. The Bureau of Prisons is directed to release the defendant, USM No. 08807-029, within 10 days of 5/1/08. The Clerk of Court is also directed to send a copy of this order to Federal Public Defender (Faxed and mailed to FCI Pekin, Pekin, IL; Copy to defendant, Copy to FPD, USA). Signed by Chief Judge Linda R Reade on 5/1/08. (ksy)