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09-031 - USA v. Montgomery et al


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09-031 - USA v. Montgomery et al
August 19, 2010
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MEMORANDUM AND ORDER TO CONTINUE - Ends of Justice as to Shawn Waller: Time excluded from 8/18/2010 until 10/26/2010. Granting 710 First MOTION to Continue Trial filed by Shawn Waller. Jury Trial reset for 10/26/2010 9:00 AM in Courtroom 400 - Greeneville before District Judge R Leon Jordan. Signed by District Judge R Leon Jordan on 8/19/2010. (JDH)
August 1, 2011
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MEMORANDUM AND ORDER denying as moot 900 Motion for Additional Time to file objections to his presentence report as to Shawn Waller (21); denying 950 and 848 Motion to Withdraw Plea of Guilty as to Shawn Waller (21). The defendant's sentencing hearing is SET for Tuesday, October 25, 2011, at 2:15 p.m. Signed by District Judge R Leon Jordan on 8/01/2011. (KMK)
May 16, 2013
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MEMORANDUM OPINION AND ORDER granting 1144 Expedited MOTION to Vacate under 28 U.S.C. 2255 to Apply Retroactively the Fair Sentencing Act under the Supreme Court Hill/Dorsey Decision as to Glenda Gilliam (26). Signed by District Judge R Leon Jordan on 5/16/2013. (JDH) Civil Case 2:12-cv-00492 closed.
June 12, 2013
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MEMORANDUM AND ORDER granting 1059 Motion to Vacate (2255) as to Tonya Lewis (12); granting 1133 Motion to Expedite as to Tonya Lewis (12); referring 1161 MOTION to Appoint Counsel by Tonya Lewis to the Honorable Dennis H Inman, United States Magistrate Judge. Re-Sentencing set for 8/29/2013 1:30 PM in Courtroom 400 - Greeneville before District Judge R Leon Jordan. Signed by District Judge R Leon Jordan on 6/12/2013. (JDH) Civil Case 2:12-cv-00084 closed.
August 26, 2013
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AMENDED JUDGMENT as to Glenda Gilliam (26); Count 1 of the Superseding Indictment - A total term of imprisonment of 78 months, a term of supervised release of 5 years, a special assessment fee of $100.00; All remaining counts as to this defendant in this case are dismissed on the motion of the United States. Signed by District Judge R Leon Jordan on 8/26/2013. [USPO notified regarding designation] (JDH)
September 24, 2013
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JUDGMENT ORDER granting 1145 MOTION to Vacate under 28 U.S.C. 2255 Due to Retroactive Application of the Fair Sentencing Act in Light of the Supreme Court Decision in Hill/Dorsey as to Lindsey Stone (14) entered by Debra C Poplin, Clerk and signed by District Judge R Leon Jordan on 9/24/2013. (JDH)
September 24, 2013
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AMENDED JUDGMENT as to Lindsey Stone: Term of Imprisonment AMENDED to Time Served to be followed by a term of 4 years supervised release. Signed by District Judge R Leon Jordan on 9/24/2013. Certified copy forwarded to USM & USPO. (JDH)
December 11, 2013
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ORDER granting 1178 Expedited MOTION to Set Aside Sentence Under 28 U.S.C. Section 2255 to Apply the Fair Sentencing Act under Supreme Court Hill/Dorsey Decision as to Robert Johnson (16); terminating 1180 Expedited MOTION to Vacate under 28 U.S.C. 2255 to Set Aside the Sentence to Apply the Fair Sentencing Act in Light of Supreme Court Hill/Dorsey Decision as to Robert Johnson (16). Signed by District Judge R Leon Jordan on 12/11/2013. (JDH) Civil Case 2:13-cv-00170-RLJ closed.
December 11, 2013
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ORDER AMENDING JUDGMENT as to Robert Johnson (16): Pursuant to the order this day entered, it is hereby ORDERED that the term of imprisonment set forth in the "IMPRISONMENT" section on page 2 of this Court's judgment entered on 10/7/2010, is AMENDED to read in its entirety as follows: The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total term of TIME SERVED. It is also ORDERED that the term of supervised release set forth in the "SUPERVISED RELEASE" section on page 3 of that judgment is AMENDED to read in its entirety as follows: Upon release from imprisonment, the defendant shall be on supervised release for a term of 4 years. This order shall take effect ten days from its entry in order to give the Bureau of Prisons time to process petitioners release. Except as provided above, all provisions of the judgment dated 10/7/2010, shall remain in effect. Signed by District Judge R Leon Jordan on 12/11/2013. [Copy forwarded to USPO & USMS] (JDH)
February 19, 2015
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MEMORANDUM OPINION as to Charles Rudolph re 1151 Expedited MOTION to Vacate under 28 U.S.C. 2255, 1235 MOTION to Expedite Ruling on Section 2255 Motion and 1245 MOTION to Expedite Ruling on Motion to Set Aside Sentence under 28 U.S.C. Section 2255. Judgment to follow. Signed by District Judge R Leon Jordan on February 19, 2015. (JAN, )
February 19, 2015
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JUDGMENT granting 1151 Motion to Vacate (2255); 1235 Motion to Expedite as ; AND 1245 Motion to Expedite as to Charles Rudolph (10) and he is RESENTENCED to a time-served sentence of imprisonment. This Order shall take effect 10 days from entry to give the Bureau of Prisons time to process petitioner's release. Signed by District Judge R Leon Jordan on February 19, 2015. (JAN, ) Civil Case 2:13-cv-00038-RLJ closed.
March 9, 2015
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MEMORANDUM OPINION as to Bobby Porter: For reasons fully set forth in this Memorandum Opinion 1017 MOTION to Vacate under 28 U.S.C. 2255 filed by Bobby Porter will be denied and the case will be dismissed. A Separate Judgment Order to follow. Signed by District Judge R Leon Jordan on March 9, 2015. (JAN, )(cm Bobby Porter)
March 10, 2015
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JUDGMENT as to Bobby Porter: DENYING pro se 1017 MOTION to Vacate under 28 U.S.C. 2255 filed by Bobby Porter and Dismissing case in 2:11-cv-311. The issuance of a certificate of appealability is also denied. Signed by District Judge R Leon Jordan on March 10, 2015. (JAN, )
May 21, 2015
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MEMORANDUM AND ORDER as to Martina Yeary, For reasons fully set forth in this Memorandum and Order 1284 MOTION to Reduce Sentence - USSC Amendment filed by Martina Yeary is denied. Signed by District Judge R Leon Jordan on May 21, 2015. (JAN, )(cm dft)
June 25, 2015
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MEMORANDUM OPINION as to Jamie Lewis re 1049 MOTION to Vacate under 28 U.S.C. 2255 filed by Jamie Lewis. Judgment Order to follow. Signed by District Judge R Leon Jordan on June 24, 2015. (JAN, )(cm to JAMIE LEWIS, Register Number: 21315-074, FCI Edgefield, FEDERAL CORRECTIONAL INSTITUTION, P.O. BOX 725, EDGEFIELD, SC 29824)
June 25, 2015
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JUDGMENT, For the reasons expressed in the accompanying memorandum opinion filed, it is ORDERED and ADJUDGED that the Motion 1049 by petitioner Jamie Lewis for post-conviction relief pursuant to 28 U.S.C. § 2255 is DENIED and DISMISSED WITH PREJUDICE. The Court CERTIFIES pursuant to 28 U.S.C. § 1915(a)(3) and Fed. R. App. P. 24 that any such appeal from this judgment would be frivolous and not taken in good faith. Signed by District Judge R Leon Jordan on June 24, 2015. (JAN, )(cm JAMIE LEWIS, Register Number: 21315-074, FCI Edgefield, FEDERAL CORRECTIONAL INSTITUTION, P.O. BOX 725, EDGEFIELD, SC 29824 Civil Case 2:12-cv-00048-RLJ closed.
October 29, 2015
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MEMORANDUM AND ORDER as to Victor Cain: Petitioners §2255 motion, doc. 1147, is GRANTED. A new sentencing hearing will be scheduled by separate order. Attorney Sandra Jelovsek is RE-APPOINTED to represent petitioner in that sentencing hearing and all matters related thereto. The clerk is directed to so notify attorney Jelovsek. Federal Defender Services is relieved of any further responsibility in this case. Signed by District Judge R Leon Jordan on October 29, 2015. (JAN, )
April 27, 2016
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MEMORANDUM AND ORDER granting 1289 Motion to Reduce Sentence - USSC Amendment for Betty Fuson (25), Sentence Reduced to 70 Months Imprisonment. The defendants motion to expedite 1334 is DENIED AS MOOT. All provisions of the judgment dated June 25, 2010, shall remain in effect. Signed by District Judge R Leon Jordan on April 27, 2016. (JAN, )
September 7, 2016
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MEMORANDUM OPINION as to Jason Ware (4): Petitioners request that the Court stay proceedings pending Beckles [Doc. 1360] is DENIED. His § 2255 motion [Doc. 1328] will be DENIED and DISMISSED WITH PREJUDICE. Judgment Order to follow. Signed by District Judge R Leon Jordan on September 7, 2016. (JAN, )
September 7, 2016
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JUDGMENT ORDER as to Jason Ware (4): For the reasons expressed in the accompanying memorandum opinion, it is ORDERED and ADJUDGED that Petitioners request to stay proceedings pending Beckles 1360 is DENIED. His § 2255 motion 1328 is DENIED and DISMISSED WITH PREJUDICE. If Petitioner files a notice of appeal from this judgment, such notice of appeal will be treated as an application for a certificate of appealability, which is DENIED The Court CERTIFIES pursuant to 28 U.S.C. § 1915(a)(3) and Fed. R. App. P. 24 that any such appeal from this judgment would be frivolous and not taken in good faith. Signed by District Judge R Leon Jordan on September 7, 2016. (JAN, )(CM) Civil Case 2:16-cv-00053-RLJ closed.
December 1, 2016
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MEMORANDUM OPINION as to Shawn Waller as set forth in following order. Signed by District Judge R Leon Jordan on 12/1/16. (c/m to Shawn Waller) (ABF)
June 20, 2017
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MEMORANDUM AND ORDER granting 1397 Motion to Reduce Sentence - USSC Amendment for Andrew Montgomery (1), Sentence Reduced to 240 Months Imprisonment as to Counts 1 and 70 and Count 1 in Case No 2:09-CR-85, all to run concurrently. Signed by District Judge R Leon Jordan on June 20, 2017. (JAN, )
August 17, 2017
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MEMORANDUM AND ORDER: as to Bobby Porter (15): For the reasons stated herein, the defendants pro se motion for sentence reduction doc. 1298 is DENIED AS MOOT, and the supplemental motion filed by counsel doc. 1381 is GRANTED. The defendants term of imprisonment is reduced to 188 months. Except as provided above, all provisions of the judgment dated September 1, 2010, shall remain in effect. Signed by District Judge R Leon Jordan on August 17, 2017. (JAN, )
October 23, 2017
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ORDER transferring 1394 Motion to Vacate (2255) as to Victor Cain (23) to the Sixth Circuit pursuant to 28 U.S.C. § 1631. See In re Sims, 111 F.3d 45 (6th Cir. 1997). Signed by District Judge R Leon Jordan on October 23, 2017. (JAN, ) (Main Document 1406 replaced on 10/23/2017 to correct the civil case number and regenerated to COA) (JAN, ). Modified on 10/23/2017 copy mailed to Victor Cain (JAN, ).
October 30, 2017
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MEMORANDUM OPINION as to Randy Brockwell. Seperate Order will follow. Signed by District Judge R Leon Jordan on October 30, 2017. (JAN, )(copy mailed to Randy Brockwell)
October 30, 2017
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JUDGMENT ORDER: denying 1285 Motion to Vacate (2255) as to Randy Brockwell (22) for want of jurisdiction. Signed by District Judge R Leon Jordan on October 30, 2017. (JAN, ) Civil Case 2:15-cv-00087-RLJ closed.