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14-009 - USA v. MARTIN


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14-009 - USA v. MARTIN
June 13, 2016
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REPORT AND RECOMMENDATIONS as to GEORGE MARTIN (1) re 12. Signed by Magistrate Judge Denise K. LaRue on 6/13/2016 (dist made)(CBU)
July 5, 2016
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ORDER ADOPTING REPORT AND RECOMMENDATION as to GEORGE MARTIN (1) - Having reviewed Magistrate Judge Denise LaRue's 22 Report and Recommendation that George Martin's supervised release be revoked, pursuant to Title 18 U.S.C. '3401(i), Rule 32.1(a)(1) Federal Rules of Criminal Procedure and Title 18 U.S.C. '3583, the Court APPROVES and ADOPTS Magistrate Judge LaRue's 22 Report and Recommendation. The Court finds that Mr. Martin committed Violation Numbers 1 and 2, as alleged by the U. S. Probation Office in its 12 Petition for Warrant or Summons for Offender under Supervision. The Court now orders that the defendant's supervised release is therefore REVOKED, and George Martin is sentenced to the custody of the Attorney General or his designee for a period of 6 months imprisonment with 18 months of supervised release to follow under the same terms and conditions as originally ordered in the judgment of November 24, 2008 [dkt. 6-3]. The Court further recommends placement at the satellite camp at FCI Terre Haute with participation in a mental health treatment program. The defendant shall surrender to the United States Marshal Service before noon on July 7, 2016. Signed by Judge Jane Magnus-Stinson on 7/5/2016. Copies distributed pursuant to distribution list. (GSO) (Main Document 23 replaced on 7/5/2016) (GSO). (Additional attachment(s) added on 7/5/2016: # (1) Exhibit 1) (GSO). Modified on 7/6/2016 (GSO). Modified on 7/8/2016 (GSO).
July 6, 2016
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AMENDED ORDER ADOPTING REPORT AND RECOMMENDATION as to Defendant GEORGE MARTIN (1) - The Court APPROVES and ADOPTS Magistrate Judge LaRue's 22 Report and Recommendation. The Court finds that Mr. Martin committed Violation Numbers 1 and 2, as alleged by the U. S. Probation Office in its 12 Petition for Warrant or Summons for Offender under Supervision. The Court now orders that the defendant's supervised release is therefore REVOKED. (See Order.) Signed by Judge Jane Magnus-Stinson on 7/6/2016. Copies distributed pursuant to distribution list. (Attachments: # (1) Exhibit 1) (GSO)
March 26, 2018
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Entry Dismissing Motion to Vacate, Set Aside, or Correct Sentence and Denying a Certificate of Appealability - On July 21, 2018, the petitioner George Martin filed a Petition for a Writ Error Coram Nobis in No. 1:14-cr-009-JMS-DML-1. That criminal case was opened when the petitioner's supervised release was transferred to this District from the Central District of Illinois. Because his petition seeks to vacate his guilty plea and conviction, the Court directed that his petition be docketed as a motion to vacate, set aside or correct sentence, pursuant to 28 U.S.C. § 2255. This Court lacks jurisdiction to entertain a second or successive motion for § 2255 relief absent specific authorization from the Circuit Court of Appeals. United States v. Carraway, 478 F.3d 845, 849 (7th Cir. 2007); 28 U.S.C. §§ 2255(h) & 2244(b); Rule 9, Rules Governing Section 2255 Proceedings for the United States District Courts. Mr. Martin has not shown that he sought authorization from the Seventh Circuit Court of Appeals before filing this action. Accordingly, this action must be dismissed for lack of jurisdiction pursuant to Rule 4 of the Rules Governing Section 2255 Proceedings for the United States District Courts. Pursuant to Federal Rule of Appellate Procedure 22(b), Rule 11(a) of the Rules Governing § 2255 Proceedings, and 28 U.S.C. § 2253(c), the Court finds that Mr. Martin has failed to show that reasonable jurists would find it "debatable whether [this court] was correct in its procedural ruling." Slack v. McDaniel, 529 U.S. 473, 484 (2000). The Court therefore denies a certificate of appealability. (See Entry). Copy to defendant via US Mail. Signed by Judge Jane Magnus-Stinson on 3/26/2018.(APD)