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06-141 - USA v. King


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06-141 - USA v. King
October 24, 2006
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ORDER ON DISCOVERY AND SCHEDULING as to Murphy Joey King. Signed by Judge C Clifford Shirley on October 24, 2006. (CRS)
December 5, 2006
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MEMORANDUM AND ORDER as to Murphy Joey King finding that the government has shown good cause for an extention of time within which to respond to defendant's motion to suppress, the Court hereby grants the motion 10 to the extent it requests an extension of the response deadline and extends the response deadline to December 13, 2006. As to the government's request for a continuance of the trial date 10, the Court will reserve ruling on this portion of the motion until the motion hearing/pretrial conference shceduled on December 14, 2006, at 10:00 a.m. Signed by Judge C Clifford Shirley on December 5, 2006. (CRS, Courtroom Deputy)
December 19, 2006
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MEMORANDUM AND ORDER - Ends of Justice: GRANTING 10 First MOTION for Extension of Time to File Response to 9 MOTION to Suppress Evidence and MOTION to continue filed by USA. Jury Trial reset for 4/17/2007 09:00 AM in Courtroom 4 before Honorable Thomas W Phillips. Suppression/Motion Hearing set for 1/26/2007 09:30 AM in Courtroom 3B before Magistrate C Clifford Shirley. Time fully excluded under the Speedy Trial Act from 12/14/06 until 4/17/07. Signed by Judge C Clifford Shirley on 12/18/06. (JAN, )
March 27, 2007
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MEMORANDUM AND ORDER granting 16 Motion to Continue as to Murphy Joseph King (1) with the jury trial in this case continued to July 11, 2007, at 9:00 AM before the Honorable Thomas W. Phillips; Suppression Hearing reset to April 20, 2007, at 10:00 AM before the undersigned. All time between the MArch 26, 2007 hearing and the new trial date of July 11, 2007 is excludable under the Speedy Trial Act. Signed by Judge C Clifford Shirley on March 26, 2007. (CRS)
May 21, 2007
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REPORT AND RECOMMENDATIONS as to Murphy Joseph King re 9 MOTION to Suppress Evidence; the Court recommends that the motion be DENIED. Signed by Judge C Clifford Shirley on May 21, 2007. (CRS)
June 22, 2007
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ORDER adopting Report and Recommendations in its entirety 21 as to Murphy Joseph King (1); denying 9 Motion to Suppress as to Murphy Joseph King (1). Signed by Judge Thomas W Phillips on June 22, 2007. (CRS)
September 25, 2007
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ORDER granting 32 Govt's Motion Transfer Superseding Indictment to the Knoxville Division as to Murphy Joseph King. Signed by Judge Susan K Lee on 9/25/07. (JMJ)
September 28, 2007
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MEMORANDUM AND ORDER TO CONTINUE - Ends of Justice as to Murphy Joseph King: Time excluded from 9/28/2007 until 1/24/2008. The Defendant's oral motion for a continuance of the case is GRANTED. Jury Trial reset for 1/24/2008 9:00 AM in Courtroom 4 before Honorable Thomas W Phillips. Signed by Judge C Clifford Shirley on 9/28/2007. (JDH) Text modified on 9/28/2007 (JDH).
February 29, 2008
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MEMORANDUM AND ORDER as to Murphy Joseph King. Mr. King is ORDERED to be detained in that he has not met the burden of establishing by clear and convincing evidence that he is not likely to pose a danger to the community if released. Signed by Magistrate Judge C Clifford Shirley on 2/29/08. (DCP) Modified on 3/4/2008 (DCP) text.
December 19, 2016
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MEMORANDUM AND ORDER granting 65 Motion that the Court defer resolution of Petitioners § 2255 motion pending the Sixth Circuit decision as to Murphy Joseph King (1) and the action [E.D. Tenn. Case No. 3:16-CV-277-PLR] is STAYED pending issuance of the Sixth Circuits en banc decision in Stitt. The parties are DIRECTED to file a joint status report within thirty (30) days of that decision. Signed by District Judge Pamela L Reeves on December 19, 2016. (JAN, )
July 20, 2017
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ORDER as to Murphy Joseph King, it is ORDERED that the previously entered stay be and hereby is lifted and the Clerk of Court is DIRECTED to return this matter to the active docket. Pursuant to this Courts prior order directing the parties to file a joint status report within thirty days of the issuance of the Stitt decision, it further is ORDERED that the parties shall file a joint status report no later than August 1, 2017. Signed by District Judge Pamela L Reeves on July 20, 2017. (JAN, )
August 2, 2017
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MEMORANDUM OPINION as to Murphy Joseph King: granting 62 Motion to Vacate (2255) and Supplemental 64 Motion to Vacate (2255). Petitioners term of imprisonment will be corrected and reduced to a sentence of time served at count one of the superseding indictment. While petitioner is entitled to discharge from custody, this order will not take effect until 10 days from its entry so as to give the Bureau of Prisons time to process Petitioners release. Further, the Judgment imposed on May 22, 2008 [Doc. 58], will be amended to reflect a term of supervised release of 3 years at count one of the superseding indictment. In all other respects, the Judgment imposed on May 22, 2008, shall remain in full force and effect. Judgment Order shall follow. Signed by District Judge Pamela L Reeves on August 2, 2017. (JAN, ) Civil Case 3:14-cv-00277-PLR closed.
August 2, 2017
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AMENDED JUDGMENT as to Murphy Joseph King (For the reasons expressed in the accompanying memorandum opinion filed herewith, it is ORDERED and ADJUDGED that petitioners § 2255 motion [Doc. 62] and supplemental § 2255 motion Doc. 64 be and hereby are GRANTED. That portion of the Judgment imposed on May 22, 2008 [Doc. 58], sentencing petitioner to a term of imprisonment of 180 months at count one of the superseding indictment is VACATED and petitioners sentence is corrected and reduced to a sentence of time served at count one of the superseding indictment. This order shall take effect 10 days from its entry so as to give the Bureau of Prisons time to process petitioners release. The Judgment imposed on May 22, 2008 Doc. 58, further is AMENDED to reflect a term of supervised release of 3 years at count one of the superseding indictment. In all other respects, the Judgment imposed on May 22, 2008, shall remain in full force and effect. Signed by District Judge Pamela L Reeves on August 2, 2017. (JAN, )