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17-115 - TAYLOR v. USA


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17-115 - TAYLOR v. USA
March 9, 2018
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ORDER Granting in Part and Denying in Part Motion for Relief Pursuant to 28 U.S.C. § 2255 - Taylor's Motion for relief pursuant to 28 U.S.C. §2255 is denied in all respects except for this claim that his counsel failed to timely appeal despite Taylor's request to do so. His Motion is granted in that Taylor may appeal the sentence that was imposed by the Court in Case No. 4:15-cr-00029-TWP-VTW-1. Accordingly, the Court VACATES the criminal judgment in this case, and re-enters an identical judgment in Case No. 4:15-cr-00029-TWP-VTW-1, so as to permit Taylor an opportunity to file a timely appeal. Pursuant to Fed. R. of Crim. Proc. 32(j)(2), once the identical judgment is entered, the Clerk is directed to file a Notice of Appeal on Taylor's behalf. If Taylor requests counsel for his appeal, that request should be made to the court of appeals. The Court denies a certificate of appealability. See Order for details. Signed by Judge Tanya Walton Pratt on 3/9/2018 (copy mailed to petitioner).(LBT)