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05-016 - USA v. Anderson et al


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05-016 - USA v. Anderson et al
April 16, 2007
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RECOMMENDED DISPOSITION as to Kenneth W. Anderson: Court RECOMMENDS that: 1) District Court deny, with prejudice, the motion to vacate, set aside, or correct sentence, see DE 71; and 2) District Court refuse, without exception, a certificate of appealability. Court directs parties to 28:636(b)(1) for appeal rights concerning this recommendation, issued under subsection (B) of said statute. Objections to R&R due by 5/3/2007. Any party may file written objections to any or all portions for consideration, de novo, by the District Court. Signed by Judge Robert E. Wier. (TDA)cc: COR, USM, USP & Kenneth Anderson
June 8, 2007
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MEMORANDUM OPINION & ORDER as to Kenneth W. Anderson: 1) the recommended disposition of the U.S. Mag Judge Robert E. Wier 92 is ADOPTED and INCORPORATED by reference; 2) Anderson's objections 94 to the Mag Judge's Recommended Disposition are DENIED; 3) Anderson's motion to vacate, set aside or correct sentence 71 is DENIED; 4) US motion to dismiss 82 is GRANTED; 5) a certificate of appealability shall not issue because Anderson has not made a substantial showing of the denial of a constitutional right; 6) this habeas proceeding shall be DISMISSED and STRICKEN from the docket. Signed by Judge Danny C. Reeves. (RKT)cc: Kenneth W. Anderson w/NOE via 1st class mail; AUSA via e-mail.
July 18, 2008
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MEMORANDUM OPINION AND ORDER as to Jesus Terrazas Loya: 1. Magistrate Judge's Report and Recommendation 114 is ADOPTED and INCORPORATED by reference. 2. Loya's motion to vacate, set aside, or correct a sentence filed pursuant to 28:2255 85 is DENIED. 3. US' motion to dismiss 89 is GRANTED. 4. Loya's motion to expand the record 109 and his motion for an evidentiary hearing 85 are DENIED. 5. US' motion for an evidentiary hearing 112 is DENIED. 6. A Certificate of Appealability shall not issue because Loya has not made a substantial showing of the denial of any substantive constitutional right. 7. This habeas proceeding shall be DISMISSED and STRICKEN from the docket. Signed by Judge Danny C. Reeves. (TDA)cc: COR,USM,USP & Jesus Loya