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05-434 - United States of America v. Rodriguez et al


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05-434 - United States of America v. Rodriguez et al
December 30, 2005
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Memorandum Opinion and Order denying 51 Motion for New Trial as to Jomill Gonzalez (3). Signed by Judge David D. Dowd Jr. on 12/30/05. (M, D)
February 16, 2006
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Memorandum Opinion and Order as to Jomill Gonzalez directing that any supplemental sentencing memorandum should be filed by counsel by 4:00 p.m. on Monday, February 20, 2006. Signed by Judge David D. Dowd Jr. on 2/16/2006. (M, D)
August 20, 2007
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Memorandum Opinion as to Antonio Rodriguez denying petition pursuant to 28 U.S.C. Section 2255. (Related document #93. Signed by Judge David D. Dowd Jr. on 8/20/2007.(M,De)
December 5, 2008
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Memorandum Opinion Granting 110 Motion to Vacate (2255) as to Jomill Gonzalez (3). The Court finds that the petitioners trial counsel's conduct constitutes a per se denial of the effective assistance of counsel. The writ is granted. By separate order, the petitioner's previous conviction and sentence will be vacated and a new trial ordered. The United States Marshal will be directed to return the petitioner to this Court by Monday, December 15, 2008. At that time, the Court will determine a date for the new trial and consider an application for bond. Signed by Judge David D. Dowd, Jr. on 12/5/2008. (M,De) Civil Case 1:08-cv-01555-DDD closed.
December 5, 2008
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Judgment Entry as to Jomill Gonzalez that for the reasons set forth in the Memorandum Opinion filed contemporaneously with this Judgment Entry, the application of the petitioner for a Writ is Granted. The petitioner's previous conviction and sentence are vacated. The Court will conduct a status conference on Monday, December 15, 2008, at 3:00 p.m. to schedule a new trial date. The Marshal is directed to have the petitioner-defendant Jomill Gonzales present for the status conference. Signed by Judge David D. Dowd, Jr. on 12/5/2008. (M,De)