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02-587 - USA v. BERBERENA


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02-587 - USA v. BERBERENA
August 16, 2007
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MEMORANDUM AND ORDER AS TO JONATHAN BERBERENA THAT 45 (PRO SE) MOTION TO VACATE/SET ASIDE/CORRECT SENTENCE (2255) UNDER 28 U.S.C. 2255 (CIVIL ACTION 05-4081) FILED BY JONATHAN BERBERENA, WHICH THE COURT WILL TREAT AS INCLUDING A MOTION TO WITHDRAW THE GUILTY PLEA, IS GRANTED. PETITIONER'S SENTENCE IMPOSED BY THIS COURT ON 5/1/03 IS VACATED, AND HIS GUILTY PLEA ENTERED ON 10/21/02 IS WITHDRAWN. DAVID HOWARD, ESQ., WHOSE SERVICE AS COURT-APPOINTED COUNSEL FOR PETITIONER HAS BEEN EXMPLARY AND IS SINCERELY APPRECIATED, IA PPOINTED PURSUANT TO THE CJA TO CONTINUE AS PETITIONER'S COUNSEL IN THIS CASE FOR ALL PURPOSES. A TELEPHONE CONFERENCE WILL BE SCHEDULED PROMPTLY TO DISCUSS A TRIAL DATE. THE CLERK SHALL CLOSE C.A. #05-4081. Signed by Judge MICHAEL M. BAYLSON on 8/16/07.8/16/07 Entered and Copies Mailed, E-Mailed and Faxed BY CHAMBERS. (ke)
August 29, 2008
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MEMORANDUM AND ORDER AS TO JONATHAN BERBERENA THAT 106 MOTION TO DISMISS INFORMATION FILED BY JONATHAN BERBERENA IS GRANTED WITHOUT PREJUDICE. Signed by HONORABLE MICHAEL M. BAYLSON on 8/29/08.8/29/08 Entered and Copies E-Mailed. (ke)