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11-047 - USA v. Hopkins


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11-047 - USA v. Hopkins
March 10, 2014
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MEMORANDUM AND ORDER denying 33 MOTION to Appoint Counsel and for copies of Presentence Report, Discovery and Copy of Plea Agreement as to David Dwayne Hopkins (1) signed by Magistrate Judge H Bruce Guyton on 3/10/2014. [Copies mailed to David Dwayne Hopkins] (JDH)
April 10, 2014
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ORDER denying 36 Motion to Vacate (2255) as to David Dwayne Hopkins (1). The motion to vacate, set aside or correct sentence will be DENIED as time-barred and 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. See Rule 24 of the Federal Rules of Appellate Procedure. A certificate of appealability SHALL NOT ISSUE.Signed by Chief District Judge Thomas A Varlan on April 10, 2014. (JAN, ) Civil Case 3:14-cv-00129-TAV closed.
January 23, 2017
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ORDER granting 43 the United States's request for a stay as to David Dwayne Hopkins (1). The action [E.D. Tenn. Case No. 3:16-CV-620-TAV] is STAYED pending issuance of the Sixth Circuit's en banc decision in Stitt. The parties are DIRECTED to file a joint status report within thirty (30) days of that decision. Signed by Chief District Judge Thomas A Varlan on January 23, 2017. (AYB)
August 28, 2017
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MEMORANDUM OPINION as to David Dwayne Hopkins set forth more fully in the following Order. Signed by Chief District Judge Thomas A Varlan on August 28, 2017. (AYB)
August 28, 2017
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ORDER, entered as a Judgment by the Clerk, granting 41 Petitioner's ยง 2255 motion as to David Dwayne Hopkins (1). That portion of the Judgment imposed on December 19, 2011 [Doc. 25], which had imposed a term of imprisonment of 180 months at count one of the indictment is VACATED and Petitioner's sentence is corrected and reduced to a sentence of "time served" at count one of the indictment. This order shall take effect 10 days from its entry so as to give the Bureau of Prisons time to process Petitioner's release. The Judgment imposed on December 19, 2011 [Doc. 25] further is AMENDED to reflect a term of supervised release of 3 years at count one of the indictment. In all other respects, the judgment dated December 19, 2011 [Doc. 25], shall remain in full force and effect. The Clerk's Office is DIRECTED to prepare an amended judgment and to CLOSE the civil case. Signed by Chief District Judge Thomas A Varlan on August 28, 2017. (AYB) Civil Case 3:16-cv-00620-TAV closed.