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02-656 - USA v. JOHNSON et al


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02-656 - USA v. JOHNSON et al
May 22, 2008
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MEMORANDUM OPINION AND ORDER OF 5/21/08 AS TO FRANK CHINA THAT DEFENDANT'S MOTION FOR HABEAS CORPUS TO VACATE/SET ASIDE OR CORRECT SENTENCE PURSUANT TO 28 U.S.C. 2255 (DOC. NO. 202) IS DENIED. IT IS FURTHER ORDERED THAT A CERTIFICATE OF APPEALABILITY SHALL NOT ISSUE. ETC. SIGNED BY JUDGE CYNTHIA M. RUFE. 5/22/08 ENTERED AND COPIES E-MAILED AND MAILED. (DT)
November 7, 2008
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MEMORANDUM OPINION AND ORDER AS TO ODELL ROBERT JOHNSON THAT 189 MOTION TO VACATE/SET ASIDE/CORRECT SENTENCE (2255) UNDER 28 U.S.C. 2255 ( Civil Action 06-cv-5003), MEMORANDUM OF LAW IN SUPPORT BY ODELL ROBERT JOHNSON IS DENIED; A CERTIFICATE OF APPEALABILITY SHALL NOT ISSUE AS TO PETITIONER'S CLAIMS IN HIS MOTION; AND THE PARTIES SHALL FILE WITH THE COURT THEIR POSITIONS AND ACCOMPANYING MEMORANDA OF LAW ON WHETHER PETITIONER IS ENTITLED TO A RE-SENTENCING PURSUANT TO U.S. v. BOOKER WITHIN 14 DAYS OF THE DATE OF THIS ORDER, SPECIFICALLY ADDRESSING WHETHER THE GOVT'. OPPOSES VACATING PETITIONER'S SENTENCE AND REMANDING FOR A RE-SENTENCING PURSUANT TO BOOKER. Signed by HONORABLE CYNTHIA M. RUFE on 11/7/08.11/10/08 Entered and Copies E-Mailed. (ke)