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08-102 - USA v. Huerta et al


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08-102 - USA v. Huerta et al
October 28, 2009
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REPORT AND RECOMMENDATION as to Richard A Wards and adopted by Jesus Huerta and Wiley E Barnett re 403 Second MOTION to Suppress, it is recommended that this motion be denied. Signed by Magistrate Judge Dennis H Inman on 10/28/09. (BGP, )REPORT AND RECOMMENDATION as to Richard A Wards and adopted by Jesus Huerta and Wiley E Barnett re 403 Second MOTION to Suppress, it is recommended that this motion be denied. Signed by Magistrate Judge Dennis H Inman on 10/28/09. (BGP, )REPORT AND RECOMMENDATION as to Richard A Wards and adopted by Jesus Huerta and Wiley E Barnett re 403 Second MOTION to Suppress, it is recommended that this motion be denied. Signed by Magistrate Judge Dennis H Inman on 10/28/09. (BGP, )
October 30, 2009
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REPORT AND RECOMMENDATIONS as to Hector Cigarroa re 423 MOTION to Suppress Signed by Magistrate Judge Dennis H Inman on 10/29/09. (RET)
October 30, 2009
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REPORT AND RECOMMENDATIONS as to Jesus Huerta re 467 MOTION to Dismiss be denied. Signed by Magistrate Judge Dennis H Inman on 10/29/09. (RET)
October 30, 2009
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REPORT AND RECOMMENDATIONS as to Jesus Huerta re 507 MOTION to Suppress PREVIOUSLY SUPPRESSED EVIDENCE be denied. Signed by Magistrate Judge Dennis H Inman on 10/29/08. (RET)
October 30, 2009
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REPORT AND RECOMMENDATIONS as to Jesus Huerta re 508 Second MOTION to Dismiss be denied Signed by Magistrate Judge Dennis H Inman on 10/29/09. (RET)
October 30, 2009
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REPORT AND RECOMMENDATIONS as to Jesus Huerta re 458 MOTION to Suppress ORAL STATEMENTS TO LAW ENFORCEMENT AGENTS AT OR NEAR THE TIME OF ARREST be denied Signed by Magistrate Judge Dennis H Inman on 10/29/09. (RET)
October 30, 2009
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REPORT AND RECOMMENDATIONS as to Jesus Huerta re 509 MOTION to Suppress /EXCLUDE EVIDENCE OF AND FROM VEHICLE STOPS be denied Signed by Magistrate Judge Dennis H Inman on 10/29/09. (RET)
November 9, 2009
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REPORT AND RECOMMENDATION as to Wiley E Barnett re 454 MOTION to Suppress Statement, recommending that the motion be denied. Signed by Magistrate Judge Dennis H Inman on 11/9/2009. (CSL )
November 10, 2009
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REPORT AND RECOMMENDATION as to Wiley E Barnett recommending 432 MOTION to Suppress Traffic Stop be denied. Signed by Magistrate Judge Dennis H Inman on 11/10/09. (BGP, )
November 10, 2009
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REPORT AND RECOMMENDATIONS as to Mitchell Graska recommending 583 MOTION to Suppress be GRANTED. Signed by Magistrate Judge Dennis H Inman on 11/10/09. (BGP, )
November 10, 2009
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REPORT AND RECOMMENDATION as to Wiley E Barnett recommending 434 MOTION to Suppress Search be denied. Signed by Magistrate Judge Dennis H Inman on 11/10/09. (BGP, )
November 10, 2009
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REPORT AND RECOMMENDATIONS as to Carlos Hernandez recommending 406 MOTION to Suppress Evidence be denied. Signed by Magistrate Judge Dennis H Inman on 11/10/09. (BGP, )
November 18, 2009
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ORDER denying 403 Motion to Suppress as to Jesus Huerta (1); denying 458 Motion to Suppress as to Jesus Huerta (1); denying 467 Motion to Dismiss as to Jesus Huerta (1); denying 507 Motion to Suppress as to Jesus Huerta (1); denying 508 Motion to Dismiss as to Jesus Huerta (1); denying 509 Motion to Suppress as to Jesus Huerta (1); adopting Report and Recommendations re 643 Report and Recommendations as to Jesus Huerta (1); adopting Report and Recommendations re 644 Report and Recommendations as to Jesus Huerta (1); adopting Report and Recommendations re 645 Report and Recommendations as to Jesus Huerta (1); adopting Report and Recommendations re 646 Report and Recommendations as to Jesus Huerta (1); adopting Report and Recommendations re 647 Report and Recommendations as to Jesus Huerta (1); adopting Report and Recommendations re 629 Report and Recommendations as to Richard A Wards (22). Signed by District Judge J Ronnie Greer on 11/18/09. (BGP, )ORDER denying 403 Motion to Suppress as to Jesus Huerta (1); denying 458 Motion to Suppress as to Jesus Huerta (1); denying 467 Motion to Dismiss as to Jesus Huerta (1); denying 507 Motion to Suppress as to Jesus Huerta (1); denying 508 Motion to Dismiss as to Jesus Huerta (1); denying 509 Motion to Suppress as to Jesus Huerta (1); adopting Report and Recommendations re 643 Report and Recommendations as to Jesus Huerta (1); adopting Report and Recommendations re 644 Report and Recommendations as to Jesus Huerta (1); adopting Report and Recommendations re 645 Report and Recommendations as to Jesus Huerta (1); adopting Report and Recommendations re 646 Report and Recommendations as to Jesus Huerta (1); adopting Report and Recommendations re 647 Report and Recommendations as to Jesus Huerta (1); adopting Report and Recommendations re 629 Report and Recommendations as to Richard A Wards (22). Signed by District Judge J Ronnie Greer on 11/18/09. (BGP, )
November 19, 2009
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ORDER granting 423 Motion to Suppress as to Hector Cigarroa (21); adopting Report and Recommendation re 642 as to Hector Cigarroa (21). Signed by District Judge J Ronnie Greer on 11/19/09. (BGP, )
December 3, 2009
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ORDER granting 583 Motion to Suppress as to Mitchell Graska (10); adopting Report and Recommendations re 673 as to Mitchell Graska (10). A memorandum opinion setting forth the Courts rationale for this order will be entered at a later date.Signed by District Judge J Ronnie Greer on 12/3/09. (BGP, )
December 3, 2009
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REPORT AND RECOMMENDATION as to Jesus Huerta recommending 459 MOTION to Suppress THE FRUITS OF UNCONSTITUTIONAL SEARCHES be DENIED. Signed by Magistrate Judge Dennis H Inman on 12/3/09. (BGP, )
December 9, 2009
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REPORT AND RECOMMENDATIONS as to Javier Flores-Delacruz re 544 MOTION to Suppress, 700 MOTION to Amend/Revise 544 MOTION to Suppress filed by Javier Flores-Delacruz be denied Signed by Magistrate Judge Dennis H Inman on 12/9/2009. (RET)
December 15, 2009
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ORDER denying 454 Motion to Suppress as to Wiley E Barnett (2); adopting Report and Recommendations re 670 Report and Recommendations as to Wiley E Barnett (2). Signed by District Judge J Ronnie Greer on 12/15/2009. (RET)
December 15, 2009
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ORDER denying 434 Motion to Suppress as to Wiley E Barnett (2); adopting Report and Recommendations re 675 Report and Recommendations as to Wiley E Barnett (2). Signed by District Judge J Ronnie Greer on 12/15/2009. (RET)
December 15, 2009
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ORDER denying 406 Motion to Suppress as to Carlos Hernandez (18); adopting Report and Recommendations re 676 Report and Recommendations as to Carlos Hernandez (18). Signed by District Judge J Ronnie Greer on 12/15/2009. (RET)
December 16, 2009
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ORDER denying 432 Motion to Suppress as to Wiley E Barnett (2); adopting Report and Recommendation 672 as to Wiley E Barnett (2). Signed by District Judge J Ronnie Greer on 12/16/09. (BGP, )
December 16, 2009
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ORDER denying 459 Motion to Suppress as to Jesus Huerta (1); adopting Report and Recommendations re 736 Report and Recommendations as to Jesus Huerta (1). Signed by District Judge J Ronnie Greer on 12/16/09. (BGP, )
December 18, 2009
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ORDER adopting Report and Recommendations re 629 Report and Recommendations as to Wiley E Barnett (2) it is hereby ORDERED that this Report and Recommendation is ADOPTED and APPROVED, and that the defendant's motion to suppress evidence seized during the search of 750 Georgia Street in Johnson City, Tennessee is DENIED.. Signed by District Judge J Ronnie Greer on 12/18/2009. (RET)
January 4, 2010
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ORDER DENYING 544 Motion to Suppress as to Javier Flores-Delacruz (9); DENYING 700 MOTION to Amend/Revise MOTION to Suppress filed by Javier Flores-Delacruz; ADOPTING and APPROVING 757 Report and Recommendations as to Javier Flores-Delacruz (9). Signed by District Judge J Ronnie Greer on 1/4/2010. (CSL )
January 8, 2010
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ORDER finding as moot 460 Motion to Exclude as to Jesus Huerta (1); denying 463 Motion in Limine as to Jesus Huerta (1); finding as moot 836 Appeal of Magistrate Judge Decision as to Javier Flores-Delacruz (9); denying 837 Appeal of Magistrate Judge Decision as to Javier Flores-Delacruz (9); granting 811 Motion that 2/3/2010 not be a trial date as to Carlos Hernandez (18); granting 845 Motion for Leave to File Document as to Gustavo Gamino-Villa (19); denying 846 Motion to Continue as to Gustavo Gamino-Villa (19); denying 851 Motion to Sever Defendant as to Gustavo Gamino-Villa (19). The government's "Objection to Report and Recommendation" Doc. 742 will be DEFERRED pending a evidentiary hearing.. Signed by District Judge J Ronnie Greer on 1/8/2010. (RET)ORDER finding as moot 460 Motion to Exclude as to Jesus Huerta (1); denying 463 Motion in Limine as to Jesus Huerta (1); finding as moot 836 Appeal of Magistrate Judge Decision as to Javier Flores-Delacruz (9); denying 837 Appeal of Magistrate Judge Decision as to Javier Flores-Delacruz (9); granting 811 Motion that 2/3/2010 not be a trial date as to Carlos Hernandez (18); granting 845 Motion for Leave to File Document as to Gustavo Gamino-Villa (19); denying 846 Motion to Continue as to Gustavo Gamino-Villa (19); denying 851 Motion to Sever Defendant as to Gustavo Gamino-Villa (19). The government's "Objection to Report and Recommendation" Doc. 742 will be DEFERRED pending a evidentiary hearing.. Signed by District Judge J Ronnie Greer on 1/8/2010. (RET)ORDER finding as moot 460 Motion to Exclude as to Jesus Huerta (1); denying 463 Motion in Limine as to Jesus Huerta (1); finding as moot 836 Appeal of Magistrate Judge Decision as to Javier Flores-Delacruz (9); denying 837 Appeal of Magistrate Judge Decision as to Javier Flores-Delacruz (9); granting 811 Motion that 2/3/2010 not be a trial date as to Carlos Hernandez (18); granting 845 Motion for Leave to File Document as to Gustavo Gamino-Villa (19); denying 846 Motion to Continue as to Gustavo Gamino-Villa (19); denying 851 Motion to Sever Defendant as to Gustavo Gamino-Villa (19). The government's "Objection to Report and Recommendation" Doc. 742 will be DEFERRED pending a evidentiary hearing.. Signed by District Judge J Ronnie Greer on 1/8/2010. (RET)ORDER finding as moot 460 Motion to Exclude as to Jesus Huerta (1); denying 463 Motion in Limine as to Jesus Huerta (1); finding as moot 836 Appeal of Magistrate Judge Decision as to Javier Flores-Delacruz (9); denying 837 Appeal of Magistrate Judge Decision as to Javier Flores-Delacruz (9); granting 811 Motion that 2/3/2010 not be a trial date as to Carlos Hernandez (18); granting 845 Motion for Leave to File Document as to Gustavo Gamino-Villa (19); denying 846 Motion to Continue as to Gustavo Gamino-Villa (19); denying 851 Motion to Sever Defendant as to Gustavo Gamino-Villa (19). The government's "Objection to Report and Recommendation" Doc. 742 will be DEFERRED pending a evidentiary hearing.. Signed by District Judge J Ronnie Greer on 1/8/2010. (RET)ORDER finding as moot 460 Motion to Exclude as to Jesus Huerta (1); denying 463 Motion in Limine as to Jesus Huerta (1); finding as moot 836 Appeal of Magistrate Judge Decision as to Javier Flores-Delacruz (9); denying 837 Appeal of Magistrate Judge Decision as to Javier Flores-Delacruz (9); granting 811 Motion that 2/3/2010 not be a trial date as to Carlos Hernandez (18); granting 845 Motion for Leave to File Document as to Gustavo Gamino-Villa (19); denying 846 Motion to Continue as to Gustavo Gamino-Villa (19); denying 851 Motion to Sever Defendant as to Gustavo Gamino-Villa (19). The government's "Objection to Report and Recommendation" Doc. 742 will be DEFERRED pending a evidentiary hearing.. Signed by District Judge J Ronnie Greer on 1/8/2010. (RET)ORDER finding as moot 460 Motion to Exclude as to Jesus Huerta (1); denying 463 Motion in Limine as to Jesus Huerta (1); finding as moot 836 Appeal of Magistrate Judge Decision as to Javier Flores-Delacruz (9); denying 837 Appeal of Magistrate Judge Decision as to Javier Flores-Delacruz (9); granting 811 Motion that 2/3/2010 not be a trial date as to Carlos Hernandez (18); granting 845 Motion for Leave to File Document as to Gustavo Gamino-Villa (19); denying 846 Motion to Continue as to Gustavo Gamino-Villa (19); denying 851 Motion to Sever Defendant as to Gustavo Gamino-Villa (19). The government's "Objection to Report and Recommendation" Doc. 742 will be DEFERRED pending a evidentiary hearing.. Signed by District Judge J Ronnie Greer on 1/8/2010. (RET)ORDER finding as moot 460 Motion to Exclude as to Jesus Huerta (1); denying 463 Motion in Limine as to Jesus Huerta (1); finding as moot 836 Appeal of Magistrate Judge Decision as to Javier Flores-Delacruz (9); denying 837 Appeal of Magistrate Judge Decision as to Javier Flores-Delacruz (9); granting 811 Motion that 2/3/2010 not be a trial date as to Carlos Hernandez (18); granting 845 Motion for Leave to File Document as to Gustavo Gamino-Villa (19); denying 846 Motion to Continue as to Gustavo Gamino-Villa (19); denying 851 Motion to Sever Defendant as to Gustavo Gamino-Villa (19). The government's "Objection to Report and Recommendation" Doc. 742 will be DEFERRED pending a evidentiary hearing.. Signed by District Judge J Ronnie Greer on 1/8/2010. (RET)
January 12, 2010
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MEMORANDUM OPINION AND ORDER as to Gustavo Gamino-Villa, defendant Gustavo Gamino-Villa, filed a motion to suppress, [Doc.849], and an evidentiary hearing was held on the motion on January 5, 2010. For the reasons announced orallyfrom the bench and for the reasons which follow, the motion to suppress is DENIED.Signed by District Judge J Ronnie Greer on 1/12/10. (BGP, )
May 26, 2010
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MEMORANDUM OPINION AND ORDER as to Francisco Urbina, the defendant's objections to the enhancement of USSG 2D1.1(b)(1)and his objection related to his claim of eligibility for safety valve treatment are without merit and are OVERRULED. Likewise, the defendant's objection pursuant to USSG 3B1.2 is OVERRULED and DENIED AS MOOT. Signed by District Judge J Ronnie Greer on 5/26/2010. (RET)
May 26, 2010
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MEMORANDUM OPINION AND ORDER as to Ramon Cervantes-Gomez, the defendant's objections to the enhancement of USSG 2D1.1(b)(1) and his objection related to his claim of eligibility for safety valve treatment are without merit and are OVERRULED. Likewise, the defendant's objection pursuant to USSG 3B1.2 is OVERRULED and DENIED AS MOOT. Signed by District Judge J Ronnie Greer on 5/26/2010. (RET)
November 30, 2011
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MEMORANDUM OPINION as to Benjamin C Brooks. The government has not responded and no response is necessary. For the reasons which follow, the motion will be DENIED. In this case, reasonable jurists would not debate the denial of Brooks § 2255 motion or conclude that the issues presented are adequate enough to deserve encouragement to proceed further. Accordingly a certificate of appealability will be denied upon the district courts entry of its final order in this matter. A separate judgment will enter. Signed by District Judge J Ronnie Greer on 11/30/2011. (RLC, ) Modified on 11/30/2011 (RLC, ).
October 30, 2015
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MEMORANDUM AND ORDER as to Jonathon Shell. ORDER REDUCING SENTENCE - USSC Amendment as to Jonathon Shell (24). Count(s) 3s, 30 months imprisonment, 4 years supervised release, $200.00 assessment-REDUCED TO 23 MONTHS AS TO COUNT THREE AND 60 MONTHS CONSECUTIVE AS TO COUNT FIVE, EFFECTIVE DATE OF NOVEMBER 2, 2015; Count(s) 5s, 60 months imprisonment, 4 years supervised release, $200.00 assessment- REDUCED TO 23 MONTHS AS TO COUNT THREE AND 60 MONTHS CONSECUTIVE AS TO COUNT FIVE,(TERM OF 83 MONTHS) EFFECTIVE DATE OF NOVEMBER 2, 2015 as to 1435 First MOTION to Reduce Sentence - USSC Amendment filed by Jonathon Shell. Signed by District Judge J Ronnie Greer on 10/30/15. (KDO)
February 13, 2017
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MEMORANDUM AND ORDER as to Jesus Huerta. The Court finds that Petitioner has failed to demonstrate that he is entitled to relief under § 2255 and his motion to vacate, set aside or correct the sentence [Doc. 1417] will be DENIED. This action will be DISMISSED. The Court will CERTIFY that any appeal from this action would not be taken in good faith and would be totally frivolous. Therefore, this Court will DENY Petitioner leave to proceed in forma pauperis on appeal. Petitioner having failed to make a substantial showing of the denial of a constitutional right, a certificate of appealability SHALL NOT ISSUE. Signed by District Judge J Ronnie Greer on 02/13/2017. (C/M to pro se filer) (AMP)