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00-094 - USA v. FIGUEROA


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00-094 - USA v. FIGUEROA
August 15, 2007
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MEMORANDUM AND ORDER AS TO DAVID FIGUEROA, UPON CAREFUL CONSIDERATION OF DEFENDANTS 56 MOTION FOR A NEW TRIAL PURSUANT TO RULE 33 OF THE FEDERAL RULES OF CRIMINAL PROCEDURE AND THE GOVERNMENTS RESPONSE, AND AFTER ORAL ARGUMENT, IT IS HEREBY ORDERED THE MOTION IS GRANTED IN SO FAR AS RULE 45(b)(1)(B) DOES APPLY TO RULE 33 AND AN EVIDENTIARY HEARING IS SET FOR 9/17/2007 10:00 AM BEFORE HONORABLE WILLIAM H. YOHN JR, TO DETERMINE WHETHER DEFENDANT MEETS THE EXCUSABLE NEGLECT STANDARD OF RULE 45(b)(1)(B), AND IF SO, WHETHER DEFT. IS ENTITLED TO A NEW TRIAL BASED ON JUSTINIANO'S STATEMENT UNDER THE STANDARDS OF RULE 33(a).Signed by Judge WILLIAM H. YOHN JR. on 08/15/07.08/16/07 Entered and Copies E-Mailed. (rf, )
July 31, 2008
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MEMORANDUM AND ORDER AS TO DAVID FIGUEROA THAT DEFT'S MOTION FOR NEW TRIAL(DOC. # 56) IS GRANTED. THE CASE IS LISTED FOR TRIAL TO COMMENCE 9/2/08, AT 10:00 A.M. IN COURTROOM 14-B.. Signed by HONORABLE WILLIAM H. YOHN, JR on 7/30/08.7/31/08 Entered and Copies E-Mailed. (jh, )
December 16, 2008
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MEMORANDUM AND ORDER AS TO DAVID FIGUEROA THAT GOVT'S MOTION FOR RECONSIDERATION(DOC. # 109) IS GRANTED, AND THE COURT'S OPINION DATED JULY 30, 2008, IS VACATED. ON RECONSIDERATION, DEFT'S MOTION FOR NEW TRIAL IS GRANTED. THE CASE IS LISTED FOR TRIAL TO COMMENCE ON JANUARY 20, 2009, AT 10:00 A.M. IN COURTROOM 14-B, U.S. COURTHOUSE.. Signed by HONORABLE WILLIAM H. YOHN, JR on 12/16/08.12/17/08 Entered and Copies Mailed, E-Mailed.(jh, )