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12-058 - USA v. Smallwood et al


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12-058 - USA v. Smallwood et al
April 21, 2016
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ORDER as to Harold Eaton: 1. The Recommended Disposition [R. 339] as to Defendant Harold Eaton is ADOPTED as and for the Opinion of the Court; 2. Defendant Eaton is found to have violated the terms of his Supervised Release as set forth in the Report filed by the U.S. Probation Officer and the Recommended Disposition of the Magistrate Judge; 3. Eaton's Supervised Release is REVOKED; 4. Eaton is SENTENCED to the Custody of the Bureau of Prisons for a term of four (4) months with a term of thirty-six (36) months of supervised release to follow under the conditions previously imposed at Docket Entry 261; and 6. Judgment shall be entered promptly. Signed by Judge Gregory F. VanTatenhove on 4/21/2016. (RBB)cc: COR,USM,USP
July 21, 2016
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RECOMMENDED DISPOSITION as to Melvin Mounts re 345 MOTION to Vacate under 28 U.S.C. 2255: On June 1, 2016, Defendant, through counsel, filed a motion to vacate sentence. D.E. 343. District Judge Van Tatenhove construed Defendants motion as a 28 U.S.C. § 2255 motion, and referred the matter to the undersigned. D.E. 344. Undersigned RECOMMENDS that Defendant's motions (D.E. 345) be DENIED as time-barred. In the alternative, it is also unambiguous that the motion should be denied on the merits. The undersigned further RECOMMENDS that no Certificate of Appealability issue. Within fourteen days after being served with a copy of this decision, any party may serve and file specific written objections to any or all findings or recommendations for determination, de novo, by the District Court. Failure to make a timely objection consistent with the statute and rule may, and normally will, result in waiver of further appeal to or review by the District Court Objections to R&R due by 8/8/2016 Signed by Magistrate Judge Hanly A. Ingram on 7/21/2016. (RBB)cc: COR,USM,USP
June 22, 2017
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ORDER as to Melvin Mounts (2): 1. Defendant/Movant Mounts' objections to the Recommended Disposition [R. 349] are OVERRULED; 2. The Magistrate Judge's Recommended Disposition [R. 347] is ADOPTED as and for the opinion of this Court; 3. The Defendant's § 2255 Petition [R. 345] is DISMISSED WITH PREJUDICE; 4. A Certificate of Appealability is DENIED as to all issues raised by the Defendant; and 5. JUDGMENT in favor of the Respondent will be entered contemporaneously herewith. Denying 345 Motion to Vacate (2255) as to Melvin Mounts (2); adopting Report and Recommendations re 347 Report and Recommendations. Signed by Judge Gregory F. Van Tatenhove on 6/22/2017. (RBB)cc: COR,USM,USP, Civil Case 6:16-cv-00152-GFVT-HAI closed. Modified on 6/22/2017 (RBB).
September 12, 2017
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RECOMMENDED DISPOSITION as to Anthony Damron: The Court RECOMMENDS: 1. That Defendant be found guilty of both violations; 2. Revocation with a term of thirty days of imprisonment, to be served intermittently on weekends, commencing at a time to be arranged by the USPO, and beginning on Friday evenings and continuing until Sunday evenings; and 3. A four-year term of supervised release under the same conditions previously imposed, with increased, random drug testing at the discretion of the USPO. Defendant's right of allocution under Rule 32.1 is preserved, as reflected in the record. The Court directs the parties to 28 U.S.C. § 636(b)(1) for appeal rights concerning this recommendation, issued under subsection (B) of the statute. Signed by Magistrate Judge Hanly A. Ingram on 09/12/2017. (KJA)cc: COR,USM,USP
September 22, 2017
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ORDERas to Anthony Damron for 359 Report and Recommendations: 1. The Recommended Disposition [R. 359] as to Defendant Anthony Damron is ADOPTED as and for the Opinion of the Court; 2. Defendant Damron is found to have violated the terms of his Supervised Release; 3. Damrons Supervised Release is REVOKED; 4. Mr. Damron is SENTENCED to the Custody of the Bureau of Prisons for a term of thirty days of imprisonment; 5. A four-year term of supervised release. Signed by Judge Gregory F. VanTatenhove on 9/22/17. (SYD)cc: COR,USP
March 2, 2018
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ORDER as to Anthony Damron - ORDERED as follows: 1. The Recommended Disposition [R. 379] as to Defendant Anthony Damron is ADOPTED as and for the Opinion of the Court; 2. Defendant Damron is found to have violated the terms of his Supervised Release as set forth in the Report filed by the U.S. Probation Officer and the Recommended Disposition of the Magistrate Judge; 3. Defendant Damron's Supervised Release is REVOKED; 4. Mr. Damron is SENTENCED to the Custody of the Bureau of Prisons for a fourteen-month term of imprisonment; and 5. Following his release from incarceration, Mr. Damron is placed on supervised release for a period of four years. Signed by Judge Gregory F. Van Tatenhove on 3/2/2018. (RBB)cc: COR,USM,USP
March 2, 2018
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ORDER as to Richard Burns: 1. The Recommended Disposition [R. 381] as to Defendant Richard Burns is ADOPTED as and for the Opinion of the Court; 2. Defendant Burns is found to have violated the terms of his Supervised Release as set forth in the Report filed by the U.S. Probation Officer and the Recommended Disposition of the Magistrate Judge; 3. Defendant Burns's Supervised Release is REVOKED; 4. Mr. Burns is SENTENCED to the Custody of the Bureau of Prisons for a three month term of imprisonment; 5. Following his release from incarceration, Mr. Burns is placed on supervised release for a term of three years; and 6. Upon release from incarceration and placement on supervised release, Mr. Burns must successfully complete a 90-day inpatient substance abuse program as an additional condition of his supervised release. Signed by Judge Gregory F. VanTatenhove on 03/02/2018. (KJA)cc: COR,USM,USP