Skip to content.
About GPO   |   Newsroom/Media   |   Congressional Relations   |   Inspector General   |   Careers   |   Contact   |   askGPO   |   Help  
 

  FDsys > More Information
(Search string is required)
 

08-116 - USA v. Vaughn et al


Download Files

Metadata

Document in Context
08-116 - USA v. Vaughn et al
December 2, 2013
PDF | More
REPORT AND RECOMMENDATIONS as to Kenneth Vaughn - It is respectfully recommended that the Motion to Vacate be dismissed with prejudice because (1) the United States complied with Alleyne in its handling of this case the required facts of the mandatory minimum sentence were charged in the indictment and admitted by the Defendant and (2) in any event Alleyne does not apply retroactively to cases decided before June 17, 2013. Objections to R&R due by 12/19/2013. Signed by Magistrate Judge Michael R Merz on 12/2/2013. (kpf1)
December 31, 2013
PDF | More
ORDER ADOPTING REPORT AND RECOMMENDATIONS as to Kenneth Vaughn - It is hereby ORDERED that the Motion to Vacate be dismissed with prejudice because (1) the United States complied with Alleyne in its handling of this case the required facts of the mandatory minimum sentence were charged in the indictment and admitted by the Defendant and (2) in any event Alleyne does not apply retroactively to cases decided before June 17, 2013. Signed by Judge Walter H Rice on 12/31/13. (pb1)
November 24, 2015
PDF | More
ORDER DENYING PRE-MOTION APPOINTMENT OF COUNSEL as to Jerome J Hill Jr (2). Signed by Magistrate Judge Michael R. Merz on 11/24/2015. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) Modified on 11/24/2015 to change document type (kpf).
January 4, 2016
PDF | More
REPORT AND RECOMMENDATIONS as to Jerome J Hill, Jr. - It is respectfully recommended that Hill's § 2255 Motion be dismissed with prejudice because it is without merit. Because reasonable jurists would not disagree with this conclusion, Hill should be denied a certificate of appealability and the Court should certify that any appeal would be objectively frivolous and should not be permitted to proceed in forma pauperis. Objections to R&R due by 1/22/2016 Signed by Magistrate Judge Michael R. Merz on 1/4/2016. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
January 25, 2016
PDF | More
ORDER ALLOWING AMENDMENT AND WITHDRAWING REPORT AND RECOMMENDATIONS - Under Rule 15, a party may amend his pleading once without court permission before an answer is served. In this case, no answer has been ordered, so it is appropriate to treat Hill's motion as amending his § 2255 Motion, which the Court will do. The Magistrate Judge has already entered a Report and Recommendations based on the original § 2255 Motion which is no longer pertinent and is hereby WITHDRAWN. The Magistrate Judge will conduct a new review of the case under Rule 4 of the Rules Governing § 2255 Cases and issue a new report based on that examination. The Clerk shall terminate the original § 2255 Motion (ECF No. 424) as MOOT. Signed by Magistrate Judge Michael R. Merz on 1/25/2016. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) Civil Case 3:15-cv-00465-WHR-MRM closed.
January 27, 2016
PDF | More
SUBSTITUTED REPORT AND RECOMMENDATIONS as to Jerome J Hill, Jr - It is respectfully recommended that the § 2255 Motion as amended should be dismissed with prejudice. Because reasonable jurists would not disagree with this conclusion, Petitioner should be denied a certificate of appealability and the Court should certify to the Sixth Circuit that any appeal would be objectively frivolous and therefore should not be permitted to proceed in forma pauperis. Objections to R&R due by 2/16/2016 Signed by Magistrate Judge Michael R. Merz on 1/27/2016. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
July 14, 2016
PDF | More
REPORT AND RECOMMENDATIONS as to Jerome J Hill, Jr - The Magistrate Judge concludes Hill's sentence was enhanced by applying the unconstitutionally vague residual clause of U.S.S.G. § 4B1.2 to his prior convictions to qualify them as predicate offenses. It is therefore respectfully recommended that the instant § 2255 Motion be GRANTED, that the Judgment be vacated, and that Hill be resentenced without the improper enhancement. Objections to R&R due by 8/1/2016. Signed by Magistrate Judge Michael R. Merz on 7/14/2016. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
August 1, 2016
PDF | More
DECISION AND ENTRY OVERRULING DEFENDANT'S PRO SE MOTION FOR RECONSIDERATION AS MOOT 432 Motion for Reconsideration as to Kenneth Vaughn (3). Signed by Judge Walter H. Rice on 8/1/16. (pb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
March 8, 2017
PDF | More
ORDER VACATING STAY AND WITHDRAWING PRIOR REPORT; SUBSTITUTED REPORT AND RECOMMENDATIONS as to Jerome J Hill, Jr - Accordingly, the prior Report and Recommendations (ECF No. 447) is WITHDRAWN and it is therefore recommended that Defendants Amended Motion (ECF No. 442) be dismissed with prejudice for failure to state a claim upon which relief can be granted under 28 U.S.C. §2255.( Objections to R&R due by 3/22/2017) Signed by Magistrate Judge Michael R. Merz on 3/8/17. (pb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
March 23, 2017
PDF | More
ORDER ADOPTING REPORT AND RECOMMENDATIONS Accordingly, it is hereby ORDERED that Defendant's Amended§ 2255 Motion (ECF No442) be dismissed with prejudice for failure to state a claim upon which relief can be granted under 28 U.S.C. § 2255. as to Jerome J Hill, Jr. Signed by Judge Walter H. Rice on 3/23/17. (pb)
January 2, 2018
PDF | More
DECISION AND ENTRY FINDING DEFENDANT IN VIOLATION OF SUPERVISED RELEASE, REVOKING SAME AND IMPOSING SENTENCE, WITH PERIOD OF RE-IMPOSED SUPERVISED RELEASE TO FOLLOW, WITH CERTAIN CONDITIONS; RIGHT OF APPEAL EXPLAINED ANDDEFENDANT INDICATED AN UNDERSTANDING OF SAME; NO PROCEDURAL OR SUBSTANTIVE OBJECTIONS VOICED TO THIS COURTS DISPOSITION; TERMINATION ENTRY as to Bryan K Johnson Signed by Judge Walter H. Rice on 1/2/18. (kma)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)