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01-1115 - United States of America v. Neal-Cooley et al


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01-1115 - United States of America v. Neal-Cooley et al
June 23, 2005
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MEMORANDUM Order as to Alfredo Longoria, Leonel Duran Signed by Judge Milton I. Shadur on 6/23/05. (emd, )MEMORANDUM Order as to Alfredo Longoria, Leonel Duran Signed by Judge Milton I. Shadur on 6/23/05. (emd, )
July 21, 2005
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MEMORANDUM as to Alfredo Longoria, Leonel Duran Signed by Judge Milton I. Shadur on 7/21/05. (emd, )MEMORANDUM as to Alfredo Longoria, Leonel Duran Signed by Judge Milton I. Shadur on 7/21/05. (emd, )
June 1, 2016
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MEMORANDUM Order as to Dionne Garcia: Garcia's current "Request" -- a motion for leave to file a second or successive Section 2255 motion -- is denied without prejudice. And as further stated in the text, this memorandum order expresses no view as to the merit or lack of merit in Garcia's current effort. Signed by the Honorable Milton I. Shadur on 6/1/2016.Mailed notice (clw, )
February 9, 2017
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MEMORANDUM Order as to Leonel Duran: For the reasons stated in this memorandum order, this Court orders that an Assistant United States Attorney should be assigned to the case and, after reviewing the criminal file and the relevant caselaw, should file a response to Duran's motion on or before March 16, 2017, with paper copies of that response being delivered to Duran's appointed counsel and to this Court's chambers. This Court will promptly determine what further proceedings are to be called for. Signed by the Honorable Milton I. Shadur on 2/9/2017.Mailed notice (clw, )
March 15, 2017
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MEMORANDUM Opinion and Order: as to Leonel Duran Signed by the Honorable Milton I. Shadur on 3/15/2017.Mailed notice (jms, )
March 21, 2017
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MEMORANDUM Order as to Leonel Duran: This Court's two-page March 15, 2017 memorandum opinion and order ("Opinion") set out a brief summary of the United States' response to the attempt by Leonel Duran ("Duran") to obtain relief under Amendment 782 to the Sentencing Guidelines -- a response that the Opinion said "appears compelling" because Duran clearly did not qualify for relief under 18 U.S.C. ยง 3582(c)(2). As this Court said there: That bar is confirmed by the decision in Dillon v. United States, 569 U.S. 817, 821-22 (2010). That said, however, this Court concluded the Opinion by "defer[ring] its final ruling on Duran's motion until his appointed counsel has had an opportunity to consider that response and speak to the issue." That has now taken place, with counsel again having stated that she had "nothing to add." Accordingly, because the analysis in the United States' response plainly (and correctly) calls for the denial of Duran's motion, this Court so orders. Signed by the Honorable Milton I. Shadur on 3/21/2017.Mailed notice (clw, )