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12-20119 - USA v. Brumback et al


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12-20119 - USA v. Brumback et al
May 17, 2017
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MEMORANDUM AND ORDER: IT IS THEREFORE ORDERED that defendant Rogelio Amada Lamas's Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody (Doc. 214) is denied in part and taken under advisement in part. Defendant is entitled to an evidentiary hearing on Ground III. IT IS FURTHER ORDERED that defendant's motion for an extension of time to file a reply (Doc. 219) is denied as moot. IT IS FURTHER ORDERED that defendant's motion for appointment of counsel (Doc. 220) is granted. The court will appoint an attorney for defendant on the limited issue of whether trial counsel rendered ineffective assistance of counsel in failing to advise defendant about pleading guilty before a set deadline, Ground III. Once an attorney is appointed, the court will set the motion for hearing. Signed by District Judge Carlos Murguia on 5/17/2017.Mailed to pro se party Rogelio Amada Lamas by regular mail. (hl)
February 7, 2018
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MEMORANDUM AND ORDER granting 214 Motion to Vacate (2255) as to Ground III as to Rogelio Amada Lamas (2). IT IS FURTHER ORDERED that defendant's original sentence is vacated, and defendant will be resentenced in accordance with this order. The court will set a sentencing hearing in a separate notice. Signed by District Judge Carlos Murguia on 02/07/2018. Mailed to pro se party Rogelio Amada Lamas by regular mail. (tvn) Civil Case 2:16-cv-02139-CM closed.
February 14, 2018
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MEMORANDUM AND ORDER granting 252 Motion for Clarification of Scope of Resentencing as to Rogelio Amada Lamas (2). IT IS FURTHER ORDERED that defendant is sentenced to a term of 183 months--179 months on the conspiracy, plus 4 consecutive months under 18 U.S.C. § 3147--without a resentencing hearing. Signed by District Judge Carlos Murguia on 02/14/2018. (tvn)
March 22, 2018
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MEMORANDUM AND ORDER as to Rogelio Amada Lamas - The court declines to issue a certificate of appealabilty as to 256 Notice of Appeal. See Order for details. Signed by District Judge Carlos Murguia on 3/22/18. (kao)