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08-20160 - USA v. Mata-Soto et al


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08-20160 - USA v. Mata-Soto et al
January 7, 2010
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MEMORANDUM AND ORDER Sustaining 224 Motion to Withdraw as Attorney for Francisco Perea (8). On or before January 19, 2010, Rosa Elena Sahagun shall pay $6,000 as sanctions to the Clerk of the Court. The Clerk shall designate such funds for reimbursement of counsel under 18 U.S.C. § 3006A. If Ms. Sahagun fails to pay the sanctions by January 19, 2010, she shall be subject to sanctions for contempt of court including, without limitation, a fine or imprisonment. In the event Ms. Sahagun fails to pay the sanctions by January 19, 2010, theCourt will hold a hearing to address further sanctions under 18 U.S.C. § 401(3) on Monday, January 25, 2010 at 7:30 a.m. in Courtroom 476, United States Courthouse, 500 State Avenue, Kansas City, Kansas 66101. The Clerk is directed to send a copy of this order to the State Bar of California, Chief Trial Counsel, 1149 South Hill Street, 10th Floor, Los Angeles, CA 90015-2299 (Sent by certified mail: 7000 1670 0005 1573 8282). Signed by Chief Judge Kathryn H. Vratil on 1/7/2010.(ck) Modified on 1/7/2010 (ck).
November 18, 2010
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MEMORANDUM AND ORDER overruling 308 Motion to Vacate (2255) as to Juan Mata-Soto (1). Copy of order sent by certified mail to Robin S. Martin: 7002 2030 0001 2208 0050. Copy of order sent by certified mail to State Bar of California, Trial Counsel: 7002 2030 0001 2208 0029 by Chief Judge Kathryn H. Vratil on 11/18/2010. (ck) Civil Case 2:10-cv-02478-KHV closed.
November 18, 2010
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MEMORANDUM AND ORDER overruling 307 Motion to Vacate (2255) as to Francisco Perea (8). Copy of M&O sent by certified mail to Robin S. Martin: 7009 1410 0002 0380 9721. State Bar of California: 7002 2030 0001 2208 0043. Signed by Chief Judge Kathryn H. Vratil on 11/18/2010. (ck) Civil Case 2:10-cv-02366-KHV closed.
January 4, 2011
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MEMORANDUM AND ORDER overruling 310 Motion to Vacate (2255) as to Martin Arrendondo-Valenzuela (2). A certificate of appealability as to the ruling on defendants Section 2255 motion is denied. Signed by Chief Judge Kathryn H. Vratil on 1/4/2011. (Attachments: # (1) Judgment in Civil Action 10-2497-KHV)Mailed to pro se party Martin Arrendondo-Valenzuela by certified mail ; Certified Tracking Number: 7009 1410 0002 0380 9769 (ck) Civil Case 2:10-cv-02497-KHV closed.
February 7, 2011
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MEMORANDUM AND ORDER as to Juan Mata-Soto: On or before February 22, 2011, the government shall file a brief which is limited to the issue of potential procedural bars to defendants Motion Under 28 U.S.C. § 2255 To Vacate, Set Aside, Or Correct Sentence By A Person In Federal Custody (Doc. #348) filed January 18, 2011. On or before March 25, 2011, defendant may file a response brief which is limited to the issue of potential procedural bars to his motion (Response deadline 2/22/2011, Reply deadline 3/25/2011) Signed by Chief Judge Kathryn H. Vratil on 2/7/2011. Mailed to pro se party Juan Mata-Soto by certified mail: 7009 1410 0002 0380 9301. (ck)
February 24, 2011
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MEMORANDUM AND ORDER overruling 330 Motion to Vacate (2255) as to Francisco Perea (8). Signed by Chief Judge Kathryn H. Vratil on 2/24/2011. (Attachments: # (1) Judgment in a Civil Case)Mailed to pro se party Francisco Perea by certified mail ; Certified Tracking Number: 7009 1410 0002 0380 9820 and to Robin Martin: 7009 1410 0002 0380 9844. (ck) Civil Case 2:11-cv-02095-KHV closed.
March 25, 2011
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MEMORANDUM AND ORDER overruling 347 Motion for Leave to file amended 2255 motion as to Francisco Perea (8). Signed by Chief Judge Kathryn H. Vratil on 3/25/2011.Mailed to pro se party Francisco Perea by regular mail. (mm)
April 25, 2011
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MEMORANDUM AND ORDER sustaining in part 353 Motion for Extension of Time to File Response/Reply as to Martin Arrendondo-Valenzuela (2). Defendant may file an appeal of the Courts Memorandum And Order (Doc. #327) filed January 4, 2011 within 14 days of the entry of this order. The Court overrules as moot defendants request for leave to file a Rule 60(b) motion because leave is not required. Signed by Chief Judge Kathryn H. Vratil on 4/25/2011.Mailed to pro se party Martin Arrendondo-Valenzuela by regular mail. (mm)
June 20, 2011
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MEMORANDUM AND ORDER Overruling 356 Motion for Clarification as to Martin Arrendondo-Valenzuela (2). Signed by Chief Judge Kathryn H. Vratil on 6/20/2011. (ck)
July 18, 2011
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MEMORANDUM AND ORDER overruling 325 Motion to Vacate (2255) as to Juan Mata-Soto (1). Signed by Chief Judge Kathryn H. Vratil on 7/18/2011. (Attachments: # (1) Civil Judgment) Copy of this order and civil judgment mailed via certified mail: 7002 2030 0000 9348 4215. (ck) Civil Case 2:10-cv-02684-KHV closed.
March 8, 2012
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MEMORANDUM AND ORDER as to Francisco Perea re 349 MOTION to Vacate under 28 U.S.C. 2255 filed by Francisco Perea. Motion Under 28 U.S.C. § 2255 To Vacate, Set Aside, Or Correct Sentence By A Person In Federal Custody (Doc. #349) filed April 14, 2011 will be held on April 10, 2012 at 2:00 p.m. The hearing will be limited to defendants claims that counsel was ineffective because (1) she did not file an appeal after defendant asked her to do so and (2) she did not consult defendant about a possible appeal. The Court directs the Clerk to appoint counsel to represent defendant at the evidentiary hearing. Counsel for the government is directed to secure Ms. Rokuseks appearance at the hearing. (Motion Hearing set for 4/10/2012 at 02:00 PM in Courtroom 476 (KHV) before Chief Judge Kathryn H. Vratil.) Signed by Chief Judge Kathryn H. Vratil on 3/8/2012. (ck) Modified on 3/12/2012 WO (lak).
September 4, 2012
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MEMORANDUM AND ORDER overruling 349 Motion to Vacate (2255) as to Francisco Perea (8). FURTHER ORDERED that a certificate of appealability be DENIED. Signed by Chief Judge Kathryn H. Vratil on 9/4/2012.Mailed to pro se party Francisco Perea by regular mail (mm) Civil Case 2:11-cv-02218-KHV closed.
November 21, 2012
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MEMORANDUM AND ORDER overruling defendant Tanya Jones' 396 Motion For Downward Departure To Include Sentence Modification, and 397 Motion And Affidavit In Support Of Request To Proceed In Forma Pauperis. Signed by Chief Judge Kathryn H. Vratil on 11/21/2012. Mailed to pro se defendant Tanya Jones by regular mail. (mg)
August 15, 2013
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MEMORANDUM AND ORDER overruling 411 Motion for Transcripts as to Juan Mata-Soto (1). Signed by Chief Judge Kathryn H. Vratil on 8/15/2013. Mailed to pro se party Juan Mata-Soto by regular mail. (mh)
August 16, 2013
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MEMORANDUM AND ORDER. IT IS THEREFORE ORDERED that Defendants Motion For Return Of Property (Doc. #407) filed 4/25/2013 be and hereby is SUSTAINED in part. The Court sustains the motion as to defendants cell phones and Safekeeping Receipt from Isle of Capri Casino. Defendant may obtain these items from Special Agent Michael Holder through an attorney or designated family member. On or before 8/31/2013, the government shall send contact information for Special Agent Holder to defendant. IT IS FURTHER ORDERED that Defendants Motion For Certain Transcripts (Doc. #412)filed 7/19/2013 be and hereby is OVERRULED. Signed by Chief Judge Kathryn H. Vratil on 8/16/2013. Mailed to pro se party Francisco Perea by certified mail; Certified Tracking Number: 7012 3460 0000 8262 3725. (mh)
December 12, 2013
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MEMORANDUM AND ORDER overruling 417 Petition for Writ of Error Audita Querela To Invalidate Judgment [sic] For Breach of Plea as to Juan Mata-Soto. (1) Signed by Chief Judge Kathryn H. Vratil on 12/12/2013. Mailed to pro se party Juan Mata-Soto by regular mail. (mh)
December 21, 2016
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MEMORANDUM AND ORDER: IT IS THEREFORE ORDERED that defendant's Motion Pursuant To 28 U.S.C. § 1651 "All Writs Act" Motion For Relief (Doc. #441) filed March 7, 2016 is DISMISSED. IT IS FURTHER ORDERED that defendant's Motion Pursuant To 28 U.S.C. § 2255(e) Johnson v. United States (2015), Claim Motion To Preserve Issues, Welch v. U.S. Retroactivity (Doc. #462) filed July 5, 2016 is DISMISSED. IT IS FURTHER ORDERED that defendant's Motion Requesting Appointment Of Counsel (Doc. #463) filed July 5, 2016 is OVERRULED. IT IS FURTHER ORDERED that the government's Motion To Dismiss Defendant's Second Or Successive Motion To Vacate Sentence Under 28 U.S.C. § 2255 (Doc. #468) filed July 11, 2016 is SUSTAINED. IT IS FURTHER ORDERED that defendant's Motion To Recuse (Doc. #467) filed July 11, 2016 is OVERRULED. IT IS FURTHER ORDERED that defendant's Reply To The Government's Opposition "Corrected Version" (Doc. #469) filed July 18, 2016, which the Court construes as a motion for leave to file an amended reply, is SUSTAINED. Signed by District Judge Kathryn H. Vratil on 12/21/2016. Mailed to pro se party Martin Arrendondo-Valenzuela by regular mail. (hl) Civil Case 2:16-cv-02480-KHV closed.
January 24, 2018
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MEMORANDUM AND ORDER dismissing for lack of jurisdiction 486 Motion to Vacate (2255) as to Juan Mata-Soto (1). Signed by District Judge Kathryn H. Vratil on 01/24/2018.Mailed to pro se party Juan Mata-Soto by regular mail. (tvn)
March 8, 2018
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ORDER DENYING CERTIFICATE OF APPEALABILITY as to Juan Mata-Soto. Signed by District Judge Kathryn H. Vratil on 03/08/2018. Mailed to pro se party Juan Mata-Soto by regular mail. (tvn)
April 17, 2018
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ORDER overruling 495 Motion to Reduce Sentence as to Francisco Perea (8). Signed by District Judge Kathryn H. Vratil on 04/17/2018. Mailed to pro se party Francisco Perea by regular mail. (tvn)
April 19, 2018
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MEMORANDUM AND ORDER dismissing 494 Motion to Vacate (2255) as to Juan Mata-Soto (1) for lack of jurisdiction. IT IS FURTHER ORDERED that a certificate of appealability as to the ruling ondefendant's Section 2255 motion is DENIED. Signed by District Judge Kathryn H. Vratil on 04/19/2018. Mailed to pro se party Juan Mata-Soto by regular mail. (tvn)