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13-458 - United States of America v. Cunningham


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13-458 - United States of America v. Cunningham
January 10, 2014
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Opinion and Order: Defendant's motion to suppress is denied in its entirety. (Doc. No. 17). Judge Sara Lioi on 1/10/2014. (P,J)
January 24, 2014
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Report and Recommendation on Plea of Guilty as to defendant Anthony Cunningham: It is recommended that defendant's plea of guilty be accepted, and that a finding of guilty be entered by the Court as to the second count in the indictment. Signed by Magistrate Judge George J. Limbert on 1/24/14. (S,AA)
March 25, 2014
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Order adopting Report and Recommendation as to Anthony Cunningham (Doc. No. 29). The Defendant's plea of guilty is approved. The Defendant is adjudged guilty of Count 2 in violation of 18 U.S.C. Section 922(g)(1) and 924(a)(2). The sentencing will be held on April 24, 2014 at 12:00 p.m. Judge Sara Lioi on 3/25/2014. (P,J)
September 3, 2015
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Memorandum Opinion and Order: Petitioner's motion to issue a compassionate release is denied. Additionally, petitioner's motion to vacate or set aside his sentence, as it pertains to the four grounds raised in petitioner's application, is also denied. The government is directed to file, by September 25, 2015, a response to petitioner's argument that his trial counsel refused to follow his instructions to file a direct appeal challenging the Court's suppression ruling. Petitioner may file a reply, limited to trial counsel's alleged failure to appeal the suppression ruling, by October 16, 2015. The Court further certifies, pursuant to 28 U.S.C. Section 1915(a)(3), that an appeal from this decision could not be taken in good faith. (Related Doc # 39). Judge Sara Lioi on 9/3/2015. (P,J)
November 23, 2015
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Memorandum Opinion as to Anthony Cunningham: Because petitioner's motion for reconsideration (Doc. No. 53) does nothing more than raise a disagreement with the Court's prior ruling, it fails to meet the requirements for reversal under Rule 59(e) and is denied. The Court will conduct an evidentiary hearing on the limited question of whether petitioner's trial counsel ignored an instruction from him to file a notice of appeal from this Court's judgment. Prior to the hearing, the Court shall appoint counsel for petitioner. (Related Doc. Nos. 39, 45, 48, 51). Judge Sara Lioi on 11/23/2015. (P,J)
April 3, 2017
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Memorandum Opinion: Defendant's Section 2255 motion (Doc. No. 66) is denied. Furthermore, the Court certifies, pursuant to 28 U.S.C. Section 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. Section 2253; Fed. R. App. P. 22(b). Judge Sara Lioi on 4/3/2017. (P,J) Civil Case 4:16-cv-02929-SL closed.