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07-434 - United States of America v. Rkman et al


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07-434 - United States of America v. Rkman et al
February 13, 2008
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Order as to Zvonko Sarlog. The Court puts the parties on notice that at the sentencing hearing, after determining the advisory guideline range and considering in advance the arguments by counsel for either an upward or downward variance, the Court may consider a downward variance if it concludes that the lowest sentence on the advisory guideline calculation is too harsh, or alternatively, may consider an upward variance if it determines that the highest sentence under the guideline range as calculated is too lenient. Counsel may, but are not required to, file sentencing memorandum. Memorandum should be filed at least seven days before the sentencing hearing. It is so Ordered. Signed by Judge David D. Dowd, Jr. on 2/13/08. (P,G)
December 23, 2008
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Memorandum Opinion regarding 164 Motion to Vacate under 28 U.S.C. 2255, 171 Reply to Response, and 170 Response in Opposition. The petition for habeas relief is Denied and the Court will not issue a certificate of appealability. Copy of opinion mailed to defendant. Signed by Judge David D. Dowd, Jr. on 12/22/2008. (M,De)
December 23, 2008
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Judgment Entry that for the reasons set forth in the Memorandum Opinion 172 filed contemporaneously with this Judgment Entry, the petition for habeas relief is denied. The Court declines to issue a certificate of appealability finding no basis for a certificate of appealability. Case Closed. Signed by Judge David D. Dowd, Jr on 12/22/2008. (M,De) Civil Case 1:08-cv-02544-DDD closed.