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02-152 - USA v. Hernandez-Barreto, et al


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02-152 - USA v. Hernandez-Barreto, et al
August 12, 2005
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MEMORANDUM AND ORDER - The defendant's 2255 motion filing no. 80 is dismissed, and judgment will be entered accordingly as to defendant Eduardo Lara-Valadez. Signed by Judge Joseph F. Bataillon on 8/12/2005. (TJS)
August 12, 2005
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JUDGMENT - In accordance with the Memorandum and Order 88 filed on this date,IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the claims presentedin the defendant's Motion Under 28 U.S.C. ? 2255 to Vacate, Set Aside, or CorrectSentence by a Person in Federal Custody are denied and dismissed with prejudice as to defendant Eduardo Lara-Valadez. Signed by Judge Joseph F. Bataillon on 8/12/2005. (TJS)
September 12, 2005
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ORDER permitting defendant Eduardo Lara-Valadez to proceed on appeal in forma pauperis. Signed by Judge Joseph F. Bataillon on 9/12/2005. (ADB)
October 5, 2007
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ORDER This matter comes to the courts attention from a letter dated September 2, 2007, from the defendant Eduardo Lara-Valadez. The defendant alleges that he has not been given credit for time served consistent with the courts Judgment and Commitment order dated February 18, 2003. Based on the courts review of the defendants letter, the transcript of the proceedings, and the Judgment and Commitment order, the court is concerned whether the Judgment and Commitment order is not being followed. The court hereby appoints the Federal Public Defender to represent the interests of Mr. Lara-Valadez and sets this matter for hearing on November 2, 2007, at 9:00 a.m., Courtroom No. 3, Roman L. Hruska U.S. Courthouse, 111 South 18th Plaza, Omaha, Nebraska, at which time counsel for the defendant and the government should be prepared to address the issues raised by the defendant in the letter attached.If the defendant wishes to participate telephonically in the hearing, his attorney must notify chambers at least 24 hours before the hearing of the telephone number and contactperson at the institution which defendant is incarcerated.as to defendant(s) Eduardo Lara-Valadez Ordered by Judge Joseph F. Bataillon.(PCV, ) (copy of order sent to defendant at address listed on docket sheet and copy of order given to FPD)
May 30, 2008
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AMENDED JUDGMENT for correction of sentence for clerical mistake, as to Eduardo Lara-Valadez. The defendant pleaded guilty to Count I of the Indictment and is committed to the custody of the BOP for 113 months (This represents an adjustment of his sentence pursuant to U.S.S.G. Section 5G1.3(b) for a period of imprisonment that will not be credited by the Bureau of Prisons); 5 years Supervised Release with special conditions; $100 Special assessment has been paid. Count II of the indictment is dismissed on the motion of the USA as to this defendant only. Ordered by Chief Judge Joseph F. Bataillon. (4 Certified copies to USM)(JAE, )