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08-046 - USA v. Barba et al


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08-046 - USA v. Barba et al
May 12, 2008
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ORDER OF TEMPORARY DETENTION PENDING HEARING PURSUANT TO BAIL REFORM ACT as to Katrina Souto. Detention Hearing set for 5/15/2008 01:00 PM in Courtroom 3B - Knoxville before Magistrate Judge C Clifford Shirley. Signed by Magistrate Judge C Clifford Shirley on 5/12/08. (DCP)
May 12, 2008
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ORDER OF TEMPORARY DETENTION PENDING HEARING PURSUANT TO BAIL REFORM ACT as to Reynaldo Quirez Detention Hearing set for 5/22/2008 10:00 AM in Courtroom 3B - Knoxville before Magistrate Judge C Clifford Shirley. Signed by Magistrate Judge C Clifford Shirley on 5/12/08. (DCP)
May 23, 2008
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ORDER OF TEMPORARY DETENTION PENDING HEARING PURSUANT TO BAIL REFORM ACT as to Alejandro Barba: Detention Hearing set for 5/30/2008 10:30 AM in Courtroom 3B - Knoxville before Magistrate Judge C Clifford Shirley. Signed by Magistrate Judge C Clifford Shirley on 5/23/2008. (KMK)
June 4, 2008
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ORDER OF DETENTION PENDING TRIAL as to Alejandro Barba signed by Magistrate Judge C Clifford Shirley on 6/4/08. (CM via us mail to Attorney Ysidro Arismendez, III) (NGW) (Additional attachment(s) added on 6/4/2008: # (1) attachment) (NGW, ).
June 13, 2008
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ORDER OF DETENTION as to Veronica Belmares. Signed by Magistrate Judge C Clifford Shirley on 6/13/08. (DCP)
September 30, 2008
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MEMORANDUM AND ORDER as to Alfredo Barba, Alejandro Barba, Veronica Belmares, Katrina Souto, Reynaldo Quirez, Motions terminated as to Alfredo Barba, Alejandro Barba, Veronica Belmares, Katrina Souto, Reynaldo Quirez: Denying as moot 58 MOTION to Review Counsel filed by Reynaldo Quirez, 59 MOTION for Discovery filed by Reynaldo Quirez, 81 MOTION to Require the Furnishing of Investigative Reports filed by Reynaldo Quirez, 82 MOTION for Grand Jury Minutes filed by Reynaldo Quirez, 83 MOTION for Disclosure of Co-Defendants filed by Reynaldo Quirez. Motion Hearing reset from 10/27/2008 to 10/31/2008 9:00 AM in Courtroom 3B - Knoxville before Magistrate Judge C Clifford Shirley. Signed by Magistrate Judge C Clifford Shirley on 9/26/2008. (JDH)MEMORANDUM AND ORDER as to Alfredo Barba, Alejandro Barba, Veronica Belmares, Katrina Souto, Reynaldo Quirez, Motions terminated as to Alfredo Barba, Alejandro Barba, Veronica Belmares, Katrina Souto, Reynaldo Quirez: Denying as moot 58 MOTION to Review Counsel filed by Reynaldo Quirez, 59 MOTION for Discovery filed by Reynaldo Quirez, 81 MOTION to Require the Furnishing of Investigative Reports filed by Reynaldo Quirez, 82 MOTION for Grand Jury Minutes filed by Reynaldo Quirez, 83 MOTION for Disclosure of Co-Defendants filed by Reynaldo Quirez. Motion Hearing reset from 10/27/2008 to 10/31/2008 9:00 AM in Courtroom 3B - Knoxville before Magistrate Judge C Clifford Shirley. Signed by Magistrate Judge C Clifford Shirley on 9/26/2008. (JDH)MEMORANDUM AND ORDER as to Alfredo Barba, Alejandro Barba, Veronica Belmares, Katrina Souto, Reynaldo Quirez, Motions terminated as to Alfredo Barba, Alejandro Barba, Veronica Belmares, Katrina Souto, Reynaldo Quirez: Denying as moot 58 MOTION to Review Counsel filed by Reynaldo Quirez, 59 MOTION for Discovery filed by Reynaldo Quirez, 81 MOTION to Require the Furnishing of Investigative Reports filed by Reynaldo Quirez, 82 MOTION for Grand Jury Minutes filed by Reynaldo Quirez, 83 MOTION for Disclosure of Co-Defendants filed by Reynaldo Quirez. Motion Hearing reset from 10/27/2008 to 10/31/2008 9:00 AM in Courtroom 3B - Knoxville before Magistrate Judge C Clifford Shirley. Signed by Magistrate Judge C Clifford Shirley on 9/26/2008. (JDH)MEMORANDUM AND ORDER as to Alfredo Barba, Alejandro Barba, Veronica Belmares, Katrina Souto, Reynaldo Quirez, Motions terminated as to Alfredo Barba, Alejandro Barba, Veronica Belmares, Katrina Souto, Reynaldo Quirez: Denying as moot 58 MOTION to Review Counsel filed by Reynaldo Quirez, 59 MOTION for Discovery filed by Reynaldo Quirez, 81 MOTION to Require the Furnishing of Investigative Reports filed by Reynaldo Quirez, 82 MOTION for Grand Jury Minutes filed by Reynaldo Quirez, 83 MOTION for Disclosure of Co-Defendants filed by Reynaldo Quirez. Motion Hearing reset from 10/27/2008 to 10/31/2008 9:00 AM in Courtroom 3B - Knoxville before Magistrate Judge C Clifford Shirley. Signed by Magistrate Judge C Clifford Shirley on 9/26/2008. (JDH)MEMORANDUM AND ORDER as to Alfredo Barba, Alejandro Barba, Veronica Belmares, Katrina Souto, Reynaldo Quirez, Motions terminated as to Alfredo Barba, Alejandro Barba, Veronica Belmares, Katrina Souto, Reynaldo Quirez: Denying as moot 58 MOTION to Review Counsel filed by Reynaldo Quirez, 59 MOTION for Discovery filed by Reynaldo Quirez, 81 MOTION to Require the Furnishing of Investigative Reports filed by Reynaldo Quirez, 82 MOTION for Grand Jury Minutes filed by Reynaldo Quirez, 83 MOTION for Disclosure of Co-Defendants filed by Reynaldo Quirez. Motion Hearing reset from 10/27/2008 to 10/31/2008 9:00 AM in Courtroom 3B - Knoxville before Magistrate Judge C Clifford Shirley. Signed by Magistrate Judge C Clifford Shirley on 9/26/2008. (JDH)
November 28, 2008
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MEMORANDUM AND ORDER: The Court finds that the Motions to Adopt Defendant Belmaress Motions Doc. 93 and 78 are well-taken, and therefore, they are GRANTED. Defendant Alfredo Barba filed his initial Motion to Adopt as Doc. 77 and subsequently supplemented the motion, and it was refiled as Doc. 93. Because the amended motion Doc. 93 has been granted, the original motion Doc. 77 is DENIED AS MOOT. The Motions for Pretrial Written Summaries of Expert Testimony, the Motions for Pretrial Notice of the Governments Intent to Use Evidence, the Motions for Discovery and Inspection, and the Motions for Pretrial Notice of Use of 404(b)-Type Evidence Docs. 63, 64, 65, 66, 68, 69, 70, and 71 are DENIED AS MOOT; Defendant Belmaress Motion for Brady Materials Doc. 62 as adopted by Defendant Quirez and Defendant Alfredo Barba is DENIED AS MOOT; Defendant Alejandro Barbas Motion for Discovery of Witness Lists Doc. 74 and a Motion for Discovery of the Governments Use of Informants Doc. 76 are also DENIED AS MOOT; Defendant Belmaress Motion for Bill of Particulars 60 is DENIED; Defendant Alejandro Barbas Motion for a Bill of Particulars Doc. 67 and Motion to Dismiss Count One as Duplicitous Doc. 72 will be addressed in a Report and Recommendation to the District Court that will follow this Order; and Defendant Alfredo Barbas Motion for Severance of Count Three of the Superseding Indictment Doc. 97 will be addressed in a second Report and Recommendation to the District Court that will also follow this Order. Signed by Magistrate Judge C Clifford Shirley on 11/28/2008. (DCP) Modified on 11/28/2008 (DCP) for more text information.MEMORANDUM AND ORDER: The Court finds that the Motions to Adopt Defendant Belmaress Motions Doc. 93 and 78 are well-taken, and therefore, they are GRANTED. Defendant Alfredo Barba filed his initial Motion to Adopt as Doc. 77 and subsequently supplemented the motion, and it was refiled as Doc. 93. Because the amended motion Doc. 93 has been granted, the original motion Doc. 77 is DENIED AS MOOT. The Motions for Pretrial Written Summaries of Expert Testimony, the Motions for Pretrial Notice of the Governments Intent to Use Evidence, the Motions for Discovery and Inspection, and the Motions for Pretrial Notice of Use of 404(b)-Type Evidence Docs. 63, 64, 65, 66, 68, 69, 70, and 71 are DENIED AS MOOT; Defendant Belmaress Motion for Brady Materials Doc. 62 as adopted by Defendant Quirez and Defendant Alfredo Barba is DENIED AS MOOT; Defendant Alejandro Barbas Motion for Discovery of Witness Lists Doc. 74 and a Motion for Discovery of the Governments Use of Informants Doc. 76 are also DENIED AS MOOT; Defendant Belmaress Motion for Bill of Particulars 60 is DENIED; Defendant Alejandro Barbas Motion for a Bill of Particulars Doc. 67 and Motion to Dismiss Count One as Duplicitous Doc. 72 will be addressed in a Report and Recommendation to the District Court that will follow this Order; and Defendant Alfredo Barbas Motion for Severance of Count Three of the Superseding Indictment Doc. 97 will be addressed in a second Report and Recommendation to the District Court that will also follow this Order. Signed by Magistrate Judge C Clifford Shirley on 11/28/2008. (DCP) Modified on 11/28/2008 (DCP) for more text information.MEMORANDUM AND ORDER: The Court finds that the Motions to Adopt Defendant Belmaress Motions Doc. 93 and 78 are well-taken, and therefore, they are GRANTED. Defendant Alfredo Barba filed his initial Motion to Adopt as Doc. 77 and subsequently supplemented the motion, and it was refiled as Doc. 93. Because the amended motion Doc. 93 has been granted, the original motion Doc. 77 is DENIED AS MOOT. The Motions for Pretrial Written Summaries of Expert Testimony, the Motions for Pretrial Notice of the Governments Intent to Use Evidence, the Motions for Discovery and Inspection, and the Motions for Pretrial Notice of Use of 404(b)-Type Evidence Docs. 63, 64, 65, 66, 68, 69, 70, and 71 are DENIED AS MOOT; Defendant Belmaress Motion for Brady Materials Doc. 62 as adopted by Defendant Quirez and Defendant Alfredo Barba is DENIED AS MOOT; Defendant Alejandro Barbas Motion for Discovery of Witness Lists Doc. 74 and a Motion for Discovery of the Governments Use of Informants Doc. 76 are also DENIED AS MOOT; Defendant Belmaress Motion for Bill of Particulars 60 is DENIED; Defendant Alejandro Barbas Motion for a Bill of Particulars Doc. 67 and Motion to Dismiss Count One as Duplicitous Doc. 72 will be addressed in a Report and Recommendation to the District Court that will follow this Order; and Defendant Alfredo Barbas Motion for Severance of Count Three of the Superseding Indictment Doc. 97 will be addressed in a second Report and Recommendation to the District Court that will also follow this Order. Signed by Magistrate Judge C Clifford Shirley on 11/28/2008. (DCP) Modified on 11/28/2008 (DCP) for more text information.MEMORANDUM AND ORDER: The Court finds that the Motions to Adopt Defendant Belmaress Motions Doc. 93 and 78 are well-taken, and therefore, they are GRANTED. Defendant Alfredo Barba filed his initial Motion to Adopt as Doc. 77 and subsequently supplemented the motion, and it was refiled as Doc. 93. Because the amended motion Doc. 93 has been granted, the original motion Doc. 77 is DENIED AS MOOT. The Motions for Pretrial Written Summaries of Expert Testimony, the Motions for Pretrial Notice of the Governments Intent to Use Evidence, the Motions for Discovery and Inspection, and the Motions for Pretrial Notice of Use of 404(b)-Type Evidence Docs. 63, 64, 65, 66, 68, 69, 70, and 71 are DENIED AS MOOT; Defendant Belmaress Motion for Brady Materials Doc. 62 as adopted by Defendant Quirez and Defendant Alfredo Barba is DENIED AS MOOT; Defendant Alejandro Barbas Motion for Discovery of Witness Lists Doc. 74 and a Motion for Discovery of the Governments Use of Informants Doc. 76 are also DENIED AS MOOT; Defendant Belmaress Motion for Bill of Particulars 60 is DENIED; Defendant Alejandro Barbas Motion for a Bill of Particulars Doc. 67 and Motion to Dismiss Count One as Duplicitous Doc. 72 will be addressed in a Report and Recommendation to the District Court that will follow this Order; and Defendant Alfredo Barbas Motion for Severance of Count Three of the Superseding Indictment Doc. 97 will be addressed in a second Report and Recommendation to the District Court that will also follow this Order. Signed by Magistrate Judge C Clifford Shirley on 11/28/2008. (DCP) Modified on 11/28/2008 (DCP) for more text information.
November 28, 2008
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REPORT AND RECOMMENDATIONS as to Alejandro Barba recommending to DENY 72 MOTION to Dismiss Count One as Duplicitous, and DENY 67 MOTION for Bill of Particulars Or to Dismiss. Signed by Magistrate Judge C Clifford Shirley on 11/28/2008. (DCP)
December 18, 2008
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ORDER accepting in whole U.S. Magistrate Judge C. Clifford Shirley Jr.'s Report and Recommendation 108 and denying 67 Motion to Dismiss Counts One and Two of the Indictment, or, for Bill of Particulars as to Alejandro Barba (2) and denying 72 Motion to Dismiss Count One as duplicitous as to Alejandro Barba (2). Signed by District Judge Thomas W Phillips on December 18, 2008. (AYB)
December 22, 2008
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MEMORANDUM AND ORDER denying as moot 75 Motion for Release of Brady Materials as to Alejandro Barba (2) Signed by Magistrate Judge C Clifford Shirley on 12/22/2008. (KMK)MEMORANDUM AND ORDER denying as moot 75 Motion for Release of Brady Materials as to Alejandro Barba (2) Signed by Magistrate Judge C Clifford Shirley on 12/22/2008. (KMK)MEMORANDUM AND ORDER denying as moot 75 Motion for Release of Brady Materials as to Alejandro Barba (2) Signed by Magistrate Judge C Clifford Shirley on 12/22/2008. (KMK)MEMORANDUM AND ORDER denying as moot 75 Motion for Release of Brady Materials as to Alejandro Barba (2) Signed by Magistrate Judge C Clifford Shirley on 12/22/2008. (KMK)
December 22, 2008
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MEMORANDUM AND ORDER denying 105 MOTION Adopt Certain Motions from Case 3:08-CR-00030 as to Alfredo Barba (1) -and- granting 106 MOTION for Extension of Time to File Motions as to Alfredo Barba (1). The motion deadline will be extended until January 6, 2009, to allow the Defendant to file the three above listed motions from the immigration case in this case, and the Government will be given until January 13, 2009, to respond to such motions. Signed by Magistrate Judge C Clifford Shirley on 12/22/2008. (KMK)
February 11, 2009
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MEMORANDUM AND ORDER: Defendant Alfredo Barbas 126 Motion to Continue isGRANTED; The trial in this matter is reset for June 23, 2009, at 9:00 a.m., before the Honorable Thomas W. Phillips, United States District Court Judge; The Court finds that the period of time between the filing of the motion to dismiss on January 6, 2009, and the new trial date of June 23, 2009, shall be fully excludable as provided by the Speedy Trial Act; An evidentiary hearing will be held on February 25, 2009, at 1:00 p.m., to address the Motion to Dismiss [Doc. 120] and collateral attack of the previous deportation order, specifically, the first two prongs of § 1326(d); A second hearing on the Motion to Dismiss will be scheduled, only if it is necessary, after the first hearing; and Defendant Alfredo Barbas 127 Motion to Reply Late to the Governments Response to the Motion to Dismiss is GRANTED. Signed by Magistrate Judge C Clifford Shirley on 2/11/2009. (KMK)MEMORANDUM AND ORDER: Defendant Alfredo Barbas 126 Motion to Continue isGRANTED; The trial in this matter is reset for June 23, 2009, at 9:00 a.m., before the Honorable Thomas W. Phillips, United States District Court Judge; The Court finds that the period of time between the filing of the motion to dismiss on January 6, 2009, and the new trial date of June 23, 2009, shall be fully excludable as provided by the Speedy Trial Act; An evidentiary hearing will be held on February 25, 2009, at 1:00 p.m., to address the Motion to Dismiss [Doc. 120] and collateral attack of the previous deportation order, specifically, the first two prongs of § 1326(d); A second hearing on the Motion to Dismiss will be scheduled, only if it is necessary, after the first hearing; and Defendant Alfredo Barbas 127 Motion to Reply Late to the Governments Response to the Motion to Dismiss is GRANTED. Signed by Magistrate Judge C Clifford Shirley on 2/11/2009. (KMK)MEMORANDUM AND ORDER: Defendant Alfredo Barbas 126 Motion to Continue isGRANTED; The trial in this matter is reset for June 23, 2009, at 9:00 a.m., before the Honorable Thomas W. Phillips, United States District Court Judge; The Court finds that the period of time between the filing of the motion to dismiss on January 6, 2009, and the new trial date of June 23, 2009, shall be fully excludable as provided by the Speedy Trial Act; An evidentiary hearing will be held on February 25, 2009, at 1:00 p.m., to address the Motion to Dismiss [Doc. 120] and collateral attack of the previous deportation order, specifically, the first two prongs of § 1326(d); A second hearing on the Motion to Dismiss will be scheduled, only if it is necessary, after the first hearing; and Defendant Alfredo Barbas 127 Motion to Reply Late to the Governments Response to the Motion to Dismiss is GRANTED. Signed by Magistrate Judge C Clifford Shirley on 2/11/2009. (KMK)MEMORANDUM AND ORDER: Defendant Alfredo Barbas 126 Motion to Continue isGRANTED; The trial in this matter is reset for June 23, 2009, at 9:00 a.m., before the Honorable Thomas W. Phillips, United States District Court Judge; The Court finds that the period of time between the filing of the motion to dismiss on January 6, 2009, and the new trial date of June 23, 2009, shall be fully excludable as provided by the Speedy Trial Act; An evidentiary hearing will be held on February 25, 2009, at 1:00 p.m., to address the Motion to Dismiss [Doc. 120] and collateral attack of the previous deportation order, specifically, the first two prongs of § 1326(d); A second hearing on the Motion to Dismiss will be scheduled, only if it is necessary, after the first hearing; and Defendant Alfredo Barbas 127 Motion to Reply Late to the Governments Response to the Motion to Dismiss is GRANTED. Signed by Magistrate Judge C Clifford Shirley on 2/11/2009. (KMK)
April 22, 2009
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MEMORANDUM AND ORDER granting 141 Motion to Withdraw as Attorney Boyd Venable as to Katrina Souto (4). The Court SUBSTITUTES and APPOINTS Attorney Wayne Stanbaugh under the Civil Justice Act (CJA) as counsel of record for Defendant Katrina Souto. Signed by Magistrate Judge C Clifford Shirley on 4/22/2009. (DCP, )
May 14, 2009
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REPORT AND RECOMMENDATIONS as to Alfredo Barba re 120 MOTION to Dismiss Count III and For Hearing. It is RECOMMENDED that the Defendant's 120 Motion to Dismiss be DENIED. Signed by Magistrate Judge C Clifford Shirley on 5/14/2009. (KMK)
June 3, 2009
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ORDER ADOPTING REPORT AND RECOMMENDATIONS as to Alfredo Barba. Defendant's objections to the R&R, Doc. 150 are hereby OVERRULED in their entirety whereby the R&R, Doc. 148 is ACCEPTED IN WHOLE. Accordingly, defendant's motion to dismiss Count Three of the superseding indictment, Doc. 120 is DENIED. Signed by District Judge Thomas W Phillips on June 3, 2009. (RLK)
June 8, 2009
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PRETRIAL ORDER as to Alfredo Barba, Alejandro Barba, Veronica Belmares, Katrina Souto, Reynaldo Quirez: This case will be set for trial before the Honorable Thomas W. Phillips and a jury, to commence at 9:00 a.m. on 6/23/2009. Signed by Magistrate Judge C Clifford Shirley on 6/8/2009. (JDH)PRETRIAL ORDER as to Alfredo Barba, Alejandro Barba, Veronica Belmares, Katrina Souto, Reynaldo Quirez: This case will be set for trial before the Honorable Thomas W. Phillips and a jury, to commence at 9:00 a.m. on 6/23/2009. Signed by Magistrate Judge C Clifford Shirley on 6/8/2009. (JDH)PRETRIAL ORDER as to Alfredo Barba, Alejandro Barba, Veronica Belmares, Katrina Souto, Reynaldo Quirez: This case will be set for trial before the Honorable Thomas W. Phillips and a jury, to commence at 9:00 a.m. on 6/23/2009. Signed by Magistrate Judge C Clifford Shirley on 6/8/2009. (JDH)PRETRIAL ORDER as to Alfredo Barba, Alejandro Barba, Veronica Belmares, Katrina Souto, Reynaldo Quirez: This case will be set for trial before the Honorable Thomas W. Phillips and a jury, to commence at 9:00 a.m. on 6/23/2009. Signed by Magistrate Judge C Clifford Shirley on 6/8/2009. (JDH)PRETRIAL ORDER as to Alfredo Barba, Alejandro Barba, Veronica Belmares, Katrina Souto, Reynaldo Quirez: This case will be set for trial before the Honorable Thomas W. Phillips and a jury, to commence at 9:00 a.m. on 6/23/2009. Signed by Magistrate Judge C Clifford Shirley on 6/8/2009. (JDH)
April 1, 2016
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MEMORANDUM AND ORDER granting MOTION to Amend 243 MOTION to Vacate under 28 U.S.C. 2255 as to Alfredo Barba (1); denying as moot 248 Pro Se MOTION for Default Judgment as to Alfredo Barba (1); denying as moot 250 Motion as to Alfredo Barba (1); denying 254 (pro se) MOTION for the Court to take action re 248 MOTION for Default Judgment as to Alfredo Barba (1); denying 257 MOTION for the government to Show Cause for its failure to serve movant Barba a copy of their response as to Alfredo Barba (1); denying 264 PRO SE MOTION to Expand the Scope of § 2255 Proceeding Record as to Alfredo Barba (1). Signed by Magistrate Judge C Clifford Shirley, Jr on 4/1/2016. [Copy mailed to Alfredo Barba] (JDH)
April 22, 2016
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MEMORANDUM AND ORDER as to Alfredo Barba signed by District Judge Pamela L Reeves on 4/22/2016. [Copy mailed to Alfredo Barba] (JDH)
March 13, 2017
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MEMORANDUM AND ORDER signed by District Judge Pamela L Reeves on 3/13/2017: Granting 255 (pro se) MOTION to Reduce Sentence - USSC Amendment by Alfredo Barba (1); granting 265 PRO SE MOTION to Reduce Sentence - USSC Amendment by Alfredo Barba (1); granting 274 Supplemental MOTION to Reduce Sentence - USSC Amendment for Alfredo Barba (1). The defendant's sentence is reduced to 168 months. If this sentence is less than the amount of time the defendant has already served, the sentence is reduced to a "time served" sentence. Except as provided above, all provisions of the judgment dated 7/19/2010, shall remain in effect. (JDH)
November 8, 2017
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MEMORANDUM AND ORDER denying 262 PRO SE MOTION to Reduce Sentence - USSC Amendment as to Reynaldo Quirez (5) signed by District Judge Pamela L Reeves on 11/8/2017. [Copy mailed to Reynaldo Quirez] (JDH)