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08-286 - MIZWA v. USA

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08-286 - MIZWA v. USA
August 4, 2008
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ORDER setting Evidentiary Hearing on MOTION to Vacate under 28 U.S.C. 2255 as to BRIAN MIZWA for 9/19/2008 at 10:00 AM in Courtroom 3A. Signed by Judge Gary L. Lancaster on 8/1/08. (map)
October 6, 2008
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ORDER granting in part and denying in part Motion to Vacate (2255) as to BRIAN MIZWA (1); Defendant's motion is granted in that his direct appeal rights shall be reinstated and he shall be given the opportunity nunc pro tunc to file a notice of appeal; Defendant's current counsel is hereby direct to file any notice of appeal within 10 days from the date of this order; Remainder of defendant's notice is hereby dismissed as premature; In the event that defendant is unsuccessful on direct appeal, and he then files a new, timely Section 2255 motion, that motion will not be construed to be a second or successive Section 2255 motion. Signed by Judge Gary L. Lancaster on 10/3/08. (map)