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05-20079 - USA v. Mims


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05-20079 - USA v. Mims
March 14, 2008
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MEMORANDUM AND ORDER -- Mr. Mims 43 Motion to Vacate under 28 U.S.C. 2255 is DENIED as to all challenges, with the EXCEPTION of the Shepard challenge discussed in Part I.a. The court RESERVES its ruling as to that Shepard argument and gives the government until 04/14/08, to submit evidence necessary to show that the Wyandotte County and Platte County burglary convictions are qualifying predicate offenses for the ACCA enhancement. Thereafter, the Court will determine whether an evidentiary hearing is necessary and/or whether the claim warrants relief. Response deadline 4/14/2008. Signed by District Judge John W. Lungstrum on 03/14/08. (mg)
May 5, 2008
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MEMORANDUM AND ORDER denying 43 Motion to Vacate (2255) as to Marlo J. Mims (1). Signed by District Judge John W. Lungstrum on 05/05/08. (mg) Civil Case 2:07-cv-02509-JWL closed.
July 18, 2008
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MEMORANDUM AND ORDER denying 61 Motion for Certificate of Appealability as to Marlo J. Mims (1). Signed by District Judge John W. Lungstrum on 07/18/08. (mg)
February 6, 2017
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MEMORANDUM AND ORDER granting 77 Motion to Vacate (2255) as to Marlo J. Mims (1) and his sentence is reduced to the statutory maximum of 120 months and, because he has already served that time, to time served. All other provisions of the judgment dated November 17, 2005 shall remain in effect. Mr. Mims' motion to stay (doc. 86)is moot. Signed by District Judge John W. Lungstrum on 02/06/2017. (ses) Civil Case 2:16-cv-02332-JWL closed.