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09-127 - USA v. Schroyer et al


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09-127 - USA v. Schroyer et al
July 17, 2012
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DECISION AND ENTRY OVERRULING DEFENDANT'S MOTION TO WITHDRAW HIS GUILTY PLEA (DOC. 47) AND EXPANDED MOTION TO WITHDRAW HIS GUILTY PLEA (DOC. 51) - Accordingly, the Court OVERRULES Defendant's motion to withdraw his guilty plea (Doc. 47) and expanded motion to withdraw his guilty plea (Doc. 51). Signed by Judge Walter H Rice on 07/17/2012. (kf)
July 5, 2016
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REPORT AND RECOMMENDATIONS as to Ronald E Schroyer re 114 MOTION to Vacate under 28 U.S.C. 2255 - Based on the foregoing analysis, it is respectfully recommended that the ยง 2255 Motion be DISMISSED WITH PREJUDICE. Because of the many new issues involved with litigation under Johnson, supra, it is also recommended Defendant be granted a certificate of appealability if requested. Objections to R&R due by 7/22/2016. Signed by Magistrate Judge Michael R. Merz on 7/5/2016. (srb)
July 25, 2016
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ORDER ADOPTING REPORT AND RECOMMENDATIONS as to Ronald E Schroyer for 114 Motion to Vacate (2255) filed by Ronald E Schroyer, 115 Report and Recommendations; Accordingly, it is hereby ORDERED that the Defendant's Motion to Vacate (ECF No.114) is DISMISSED with prejudice. Based on Johnson v. United States, 576 U.S._, 135 S.Ct. 2551, 192 L. Ed. 2d 569 (2015), Defendant is granted a certificate of appealability if requested. Signed by Judge Walter H. Rice on 7/25/16. (kma)