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12-253 - USA v. Banks et al


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12-253 - USA v. Banks et al
August 13, 2014
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MEMORANDUM OF LAW & ORDER as to Deon Dimitri McGhee (8). IT IS HEREBY ORDERED: 1. Petitioner Deon Dimitri McGhees Pro Se Motion under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody 471 is DENIED. 2. The Court denies a Certificate of Appealability in this case. LET JUDGMENT BE ENTERED ACCORDINGLY. (Written Opinion). Signed by Chief Judge Michael J. Davis on 8/12/14. (GRR) Civil Case 0:14-cv-00720-MJD closed. cc: Deon Dimitri McGhee. Modified on 8/13/2014 (las).
January 26, 2015
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ORDER as to Damien Dwayne Eastling. IT IS HEREBY ORDERED: 1. That to maintain the attorney-client privilege with respect to the third prong of his section 2255 motion 487, Defendant shall within 14 days file a notice withdrawing the third prong of his motion; and, further, 2. If Defendant fails to timely withdraw the third prong of his section 2255 motion, this Court will enter an order granting Attorney Bruder leave to file an affidavit addressing the third prong of Defendants section 2255 motion; and, 3. The Government will have 30 days to obtain an affidavit from Attorney Bruder and an additional 30 days thereafter to prepare its response to Petitioner's section 2255 motion. (Written Opinion). Signed by Chief Judge Michael J. Davis on 1/26/15. cc: Deft. (GRR) Modified text on 1/26/2015 (JDF).
March 23, 2015
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ORDER as to Damien Dwayne Eastling (3). IT IS HEREBY ORDERED: 1. That the Government's Motion to Confirm Waiver of Attorney Client Privilege 490 is GRANTED, in part, subject to the following restrictions: a. The Court grants Attorney Bruder leave to file an affidavit addressing Defendants § 2255 motion. b. Attorney Bruder's affidavit will address only Defendant's allegation that he failed to fully advise Defendant about the terms of his guilty plea and possible sentence. c. Attorney Bruder's affidavit will not address any other allegation asserted by Defendant in his § 2255 motion. 2. The Government will have 30 days from the date of this Order to obtain an affidavit from Attorney Bruder, and an additional 30 days thereafter to prepare its response to Petitioner's § 2255 motion. (Written Opinion). Signed by Chief Judge Michael J. Davis on 3/23/15. (GRR)
July 27, 2015
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ORDER as to Damien Dwayne Eastling (3). IT IS HEREBY ORDERED: 1. Petitioner Damien Dwayne Eastling's Motion Under 28U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody 487 is DENIED. 2. Petitioner's request for an evidentiary hearing is DENIED. 3. A Certificate of Appealability is DENIED in this case. LET JUDGMENT BE ENTERED ACCORDINGLY.(Written Opinion). Signed by Judge Michael J. Davis on 7/27/15. (GRR) Civil Case 0:14-cv-03360-MJD closed. (cc: deft) Modified text on 7/28/2015 (ALM).
March 17, 2016
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ORDER as to Damien Dwayne Eastling (3). IT IS HEREBY ORDERED that Defendant's Motion for Sentence Reduction 496 is DENIED. (Written Opinion). Signed by Judge Michael J. Davis on 3/17/16. cc: Deft. (GRR) Modified text on 3/18/2016 (JDF).
April 8, 2016
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MEMORANDUM OF LAW & ORDER as to Deon Dimitri McGhee (8). IT IS HEREBY ORDERED: 1. Defendant Deon Dimitri McGhee's Motion to Alter Judgment of Sentence 533 is DENIED. 2. The Court denies a Certificate of Appealability in this case. LET JUDGMENT BE ENTERED ACCORDINGLY. (Written Opinion). Signed by Judge Michael J. Davis on 4/8/16. (GRR)