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09-145 - United States of America v. Reese et al


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09-145 - United States of America v. Reese et al
June 25, 2010
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Memorandum of Opinion and Omnibus Order that Motions for suppression by Mr. Hayes and Mr. Garth as well as Mr. Hampton's Motion to Join are denied. Mr. Hayes' Motion to Join Mr. Garth's and Mr. Reese's Motion to Dismiss is granted, while Mr. Hampton's Motion to Join is denied. The motions to dismiss by Mr. Garth and Mr. Reese are denied. Mr. Hampton's Motion to preclude sentencing entrapment is denied. Motions for severance from Mr. Reese, Mr. Garth, and Mr. Hayes are denied. Motions by Mr. Hampton and Mr. Hayes to reveal agreements are granted, in part, and held in abeyance in part, under the terms of this Order and Opinion. Motions for Supplemental Discovery from Mr. Garth and Mr. Hayes are denied. Mr. Garth's and Mr. Hayes' Motions for impeachment material and/or exculpatory evidence is denied as moot. The Motions for Bill of Particulars from Mr. Hayes and Mr. Garth are denied as moot. Signed by Judge Lesley Wells on 6./23/2010.(Related doc 29, 31, 34 35, 39, 30, 33, 39, 37, 34, 32, 38, 42, 36, 40, 41 19, 20, 21, 23, 24, 22, 23, 26) (B,B) Memorandum of Opinion and Omnibus Order that Motions for suppression by Mr. Hayes and Mr. Garth as well as Mr. Hampton's Motion to Join are denied. Mr. Hayes' Motion to Join Mr. Garth's and Mr. Reese's Motion to Dismiss is granted, while Mr. Hampton's Motion to Join is denied. The motions to dismiss by Mr. Garth and Mr. Reese are denied. Mr. Hampton's Motion to preclude sentencing entrapment is denied. Motions for severance from Mr. Reese, Mr. Garth, and Mr. Hayes are denied. Motions by Mr. Hampton and Mr. Hayes to reveal agreements are granted, in part, and held in abeyance in part, under the terms of this Order and Opinion. Motions for Supplemental Discovery from Mr. Garth and Mr. Hayes are denied. Mr. Garth's and Mr. Hayes' Motions for impeachment material and/or exculpatory evidence is denied as moot. The Motions for Bill of Particulars from Mr. Hayes and Mr. Garth are denied as moot. Signed by Judge Lesley Wells on 6./23/2010.(Related doc 29, 31, 34 35, 39, 30, 33, 39, 37, 34, 32, 38, 42, 36, 40, 41 19, 20, 21, 23, 24, 22, 23, 26) (B,B) Memorandum of Opinion and Omnibus Order that Motions for suppression by Mr. Hayes and Mr. Garth as well as Mr. Hampton's Motion to Join are denied. Mr. Hayes' Motion to Join Mr. Garth's and Mr. Reese's Motion to Dismiss is granted, while Mr. Hampton's Motion to Join is denied. The motions to dismiss by Mr. Garth and Mr. Reese are denied. Mr. Hampton's Motion to preclude sentencing entrapment is denied. Motions for severance from Mr. Reese, Mr. Garth, and Mr. Hayes are denied. Motions by Mr. Hampton and Mr. Hayes to reveal agreements are granted, in part, and held in abeyance in part, under the terms of this Order and Opinion. Motions for Supplemental Discovery from Mr. Garth and Mr. Hayes are denied. Mr. Garth's and Mr. Hayes' Motions for impeachment material and/or exculpatory evidence is denied as moot. The Motions for Bill of Particulars from Mr. Hayes and Mr. Garth are denied as moot. Signed by Judge Lesley Wells on 6./23/2010.(Related doc 29, 31, 34 35, 39, 30, 33, 39, 37, 34, 32, 38, 42, 36, 40, 41 19, 20, 21, 23, 24, 22, 23, 26) (B,B) Memorandum of Opinion and Omnibus Order that Motions for suppression by Mr. Hayes and Mr. Garth as well as Mr. Hampton's Motion to Join are denied. Mr. Hayes' Motion to Join Mr. Garth's and Mr. Reese's Motion to Dismiss is granted, while Mr. Hampton's Motion to Join is denied. The motions to dismiss by Mr. Garth and Mr. Reese are denied. Mr. Hampton's Motion to preclude sentencing entrapment is denied. Motions for severance from Mr. Reese, Mr. Garth, and Mr. Hayes are denied. Motions by Mr. Hampton and Mr. Hayes to reveal agreements are granted, in part, and held in abeyance in part, under the terms of this Order and Opinion. Motions for Supplemental Discovery from Mr. Garth and Mr. Hayes are denied. Mr. Garth's and Mr. Hayes' Motions for impeachment material and/or exculpatory evidence is denied as moot. The Motions for Bill of Particulars from Mr. Hayes and Mr. Garth are denied as moot. Signed by Judge Lesley Wells on 6./23/2010.(Related doc 29, 31, 34 35, 39, 30, 33, 39, 37, 34, 32, 38, 42, 36, 40, 41 19, 20, 21, 23, 24, 22, 23, 26) (B,B)
September 17, 2010
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Memorandum Opinion and Order denying 50 Hayes' Motion to suppress. Judge Lesley Wells(C,KA)
March 20, 2017
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Memorandum of Opinion and Order as to Sidney Garth: This matter is before the Court upon Petitioner's Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence (Doc. 185). In his motion, Petitioner relies on Johnson v. United States, 135 S. Ct. 2551, 2563 (2015), to argue that he was unconstitutionally sentenced as a career offender under the residual clause of U.S.S.G. § 4B2(a)(2). In Johnson, the United States Supreme Court struck down the analogous residual clause of the Armed Career Criminal Act's definition of a "violent felony" as void for vagueness. More recently, however, the Supreme Court held in Beckles v. United States, U.S., S. Ct., 2017 WL 855781 (U.S. Mar. 6, 2017), that the United States Sentencing Guidelines are not subject to a vagueness challenge under the Due Process Clause. Thus, Johnson's vagueness holding does not apply to the Sentencing Guideline provision under which Petitioner was sentenced. Petitioner's motion is therefore DENIED. Furthermore, the Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an appeal from this decision could not be taken in good faith, and that there is no basis upon which to issue a certificate of appealability. 28 U.S.C. § 2253; Fed. R. App. P. 22(b). Judge Patricia A. Gaughan on 3/20/17. (LC,S) Civil Case 1:16-cv-01477-PAG closed.