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07-321 - USA v. CORE


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07-321 - USA v. CORE
February 13, 2017
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ORDER AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE signed by MAG/JUDGE JOI ELIZABETH PEAKE on 02/13/2017, that Petitioner's Motion [Doc. #64] to supplement his § 2255 Motion is GRANTED, and that Petitioner's Motion for Appointment of Counsel [Doc. #68] is GRANTED, and the Court will appoint substitute counsel to represent Petitioner in this case. RECOMMENDED that Petitioner's Motion to Vacate, Set Aside or Correct Sentence [Doc. #39] be GRANTED to the extent that it raises a Simmons claim challenging the § 851 Information of Prior Conviction, but DENIED otherwise; and that this matter be set for resentencing, or alternatively, that a corrected judgment be entered reducing Petitioner's term of supervised release from 8 years to 4 years if the United States District Judge assigned to the case is satisfied with the resulting sentence. To the extent that this Recommendation would deny Petitioner's claims in part, it is recommended that a certificate of appealability be denied. Civil Case 1:12CV907.(Taylor, Abby)
April 28, 2017
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ORDER signed by JUDGE N. C. TILLEY, JR on 04/28/2017, that Petitioner's Motion [Doc. #39] to vacate, set aside or correct sentence is GRANTED to the extent that it raises a Simmons claim challenging the § 851 Information of Prior Conviction, but DENIED otherwise, and the Clerk is directed to set this matter for resentencing. Petitioner remains in custody, and the United States Attorney is directed to produce Petitioner for the resentencing hearing. The Probation Office is directed to prepare a Supplement to the Presentence Investigation Report in advance of the hearing. Counsel will be appointed to represent Petitioner at the resentencing hearing. To the extent Petitioner's Motions under 28 U.S.C. § 2255 have been denied in part, the Court finds no substantial issue for appeal concerning the denial of a constitutional right affecting the conviction, nor a debatable procedural ruling, and a certificate of appealability is DENIED. Civil Case 1:12CV907. (Taylor, Abby)