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02-446 - USA v. GONZALEZ, et al


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02-446 - USA v. GONZALEZ, et al
May 19, 2006
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MEMORANDUM AND ORDER THAT DEFT. FRANCISCO ZAVALA'S MOTION TO ENLARGE TIME IN WHICH TO ENLARGE TIME(sic)IN WHICH FILE RE SENTENCING(sic) MOTION AND MEMORANDUM (DOC. # 294, FILED 12/5/05) IS DISMISSED FOR LACK OF JURISDICTION PURSUANT TO F.R. CRIM. P. 35(a). DEFT'S REHEARING ON RE SENTENCING(sic) MEMORANDUM (ATTACHED TO DOC. # 294, FILED 12/5/05, DATED 10/12/05) IS DISMISSED FOR LACK OF JURISDICTION PURSUANT TO F.R. CRIM. P. 35(a). DEFT'S MOTION TO SUPPLEMENT HIS RESENTENCING MEMORANDUM(ATTACHED TO DOC. # 294, FILED 12/5/05) IS DISMISSED FOR LACK OF JURISDICTION PURSUANT TO F.R. CRIM. P. 35(a). DEFT'S MOTION TO ENLARGE TIME IN WHICH TO ENLARGE THE TIME(sic) IN WHICH RE SENTENCING(sic) MOTION AND MEMORANDUM(DOC. # 296, FILED 12/7/05) IS DISMISSED FOR LACK OF JURISDICTION PURSUANT TO F.R. CRIM. P. 35(a).. Signed by Judge JAN E. DUBOIS on 5/17/06.5/19/06 Entered and Copies Mailed, E-Mailed and Faxed by Chambers. (jh, )
September 2, 2008
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ORDER&MEMORANDUM AS TO FRANCISCO ZAVALA THAT PETITIONER'S PRO-SE MOTION UNDER 28:2255 TO VACATE AND SET ASIDE JUDGMENT OF CONVICTION IS DENIED, EXCEPT TO THE EXTENT THAT IT RAISES A CLAIM OF CRUEL AND UNUSUAL PUNISHMENT IN VIOLATION OF THE EIGHTH AMENDMENT AND PUNISHMENT WITHOUT DUE PROCESS OF LAW IN VIOLATION OF THE FOURTEENTH AMENDMENT FOR REFUSAL OF MEDICAL TREATMENT AND INADEQUATE MEDICAL TREATMENT. THE CLAIM FOR REFUSAL OF MEDICAL TREATMENT AND INADEQUATE MEDICAL TREATMENT IS DISMISSED WITHOUT PREJUDICE. IT IS FURTHER ORDERED THAT A CERTIFICATE OF APPEALABILITY WILL NOT ISSUE ON THE GROUND THAT PETITIONER HAS NOT MADE A SUBSTANTIAL SHOWING OF A DENIAL OF A CONSTITUTIONAL RIGHT AS REQUIRED UNDER 28:2253(c)(2).. Signed by HONORABLE JAN E. DUBOIS on 8/29/08.9/2/08 Entered and Copies Mailed, E-Mailed and Faxed by Chambers. (jh, )