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07-20006 - USA v. Hunt et al


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07-20006 - USA v. Hunt et al
January 14, 2011
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MEMORANDUM AND ORDER overruling 88 Motion to Withdraw Plea of Guilty which the Court construes as a motion under 28 U.S.C. § 2255 to vacate, set aside or correct a sentence by a person in federal custody as to James Z. Henry (2). Signed by Chief Judge Kathryn H. Vratil on 1/14/2011. Mailed to pro se party James Z. Henry by regular mail. (mm)
April 27, 2015
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MEMORANDUM AND ORDER as to James Z. Henry re 91 MOTION to Reduce Sentence (Pursuant to Rule 60(b)(6)) filed by James Z. Henry. On or before May 20, 2015, the government shall file a brief on the issue whether defendant's Motion Pursuant To Rule 60(b)(6) (Doc. #91) filed November 10, 2014 is procedurally barred. On or before June 30, 2015, defendant may file a response brief which is limited to that issue. Signed by District Judge Kathryn H. Vratil on 4/27/15. Mailed to pro se party James Z. Henry by regular mail. (kao)
September 14, 2015
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MEMORANDUM AND ORDER overruling 91 Motion to Vacate (2255) as to James Z. Henry (2). A certificate of appealability as to the ruling on defendant's Section 2255 motion is DENIED. IT IS FURTHER ORDERED that defendant's Letter Of Inquiry (Doc. #93) filed May 14, 2015, which was docketed as a motion to expedite ruling, be and hereby is OVERRULED as moot. Signed by District Judge Kathryn H. Vratil on 9/14/15. Mailed to pro se party James Z. Henry by regular mail. (kao)
February 26, 2016
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MEMORANDUM AND ORDER sustaining 97 Motion for Order as to James Z. Henry (2). The Court sustains defendant's motion to the extent that it asserts that under Johnson v. United States, 135 S. Ct. 2551 (2015), the Court did not consider his claim that it erred in enhancing his sentence under the residual clause of the career offender enhancement in the Sentencing Guidelines. The Court appoints the Office of the Federal Public Defender to represent defendant. On or before March 31, 2016, defendant through appointed counsel may file a supplemental brief on his claim that under Johnson v. United States, 135 S. Ct. 2551 (2015), the Court erred in enhancing his sentence under the residual clause of the career offender enhancement in the Sentencing Guidelines. On or before April 21, 2016, the government may file a response. If the Office of the FPD is unable to represent defendant for any reason, it shall notify the Court by March 4, 2016 so that the Court can appoint different counsel. Signed by District Judge Kathryn H. Vratil on 2/26/16. Mailed to pro se party James Z. Henry by regular mail (mm)
April 11, 2017
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MEMORANDUM AND ORDER overruling 128 (pro Se) Motion to Amend/Correct as to James Z. Henry (2). IT IS FURTHER ORDERED that on or before April 21, 2017, defendant through his counsel may file a response to the Government's Motion To Dismiss (Doc. #129) filed March 24, 2017. On or before April 28, 2017, the government may file a reply. Signed by District Judge Kathryn H. Vratil on 4/11/17. Mailed to pro se party James Z. Henry by regular mail. (kao)
December 18, 2017
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MEMORANDUM AND ORDER - IT IS THEREFORE ORDERED that defendant's Motion Pursuant To Rule 60(b)(6) (Doc. #91) filed November 10, 2014, which the Court construes as an initial motion under 28 U.S.C. § 2255, is OVERRULED. IT IS FURTHER ORDERED that a certificate of appealability as to the ruling on defendant's Section 2255 motion is DENIED. IT IS FURTHER ORDERED that the Government's Motion To Dismiss (Doc. #129) filed March 24, 2017 is OVERRULED as moot. IT IS FURTHER ORDERED that defendant's Motion For Relief Pursuant To Fed. R. Civ. P. 60(b)(6) (Doc. #135) filed April 28, 2017 is construed as a supplemental memorandum in support of defendant's Motion Pursuant To Rule 60(b)(6) (Doc. #91) filed November 10, 2014. Signed by District Judge Kathryn H. Vratil on 12/18/2017. (hl)