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14-017 - USA v. Hayworth et al (TV2)


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14-017 - USA v. Hayworth et al (TV2)
March 5, 2015
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MEMORANDUM AND ORDER as to Joshua Hayworth. This case came before the undersigned on March 4, 2015, for a competency hearing The Defendant is COMPETENT to proceed to trial; The trial of this matter reset to June 9, 2015, at 9:00 a.m., before the Honorable Thomas A. Varlan, Chief United States District Judge; All time between the Order of Commitment on March 27, 2014, and the competency hearing on March 4, 2015, is fully excludable time under the Speedy Trial Act for the reasons set forth herein; The deadline for filing pretrial motions is extended to March 27, 2015; Responses to pretrial motions are due on or before April 10, 2015; The deadline for completing plea negotiations is extended to May 12, 2015; The parties are to appear before the undersigned for a pretrial conference and motion hearing on May 26, 2015, at 11:00 a.m. Reciprocal discovery is also due on this day. Signed by Magistrate Judge H Bruce Guyton on March 5, 2015. (JAN, )
March 15, 2017
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ORDER as to Timothy Chudley re 156 MOTION to Vacate under 28 U.S.C. 2255 On March 6, 2016, the Supreme Court held that the United States Sentencing Guidelines are not amendable to vagueness challenges. Beckles v. United States, No. 15-8544, 2017 WL 855781, at *7 (U.S. March 6, 2017). Because the Johnson decision does not undermine sentences based on Guideline enhancements, the Court believes summary denial of the above petitions with prejudice might be appropriate. To the extent that the parties disagree, the Court affords the following notice: the parties should file any motion that they want the Court to consider in conjunction with, or prior to, ruling on these petitions on or before April 1, 2017. The deadline for responses is April 15, 2017. Absent such a motion, the Court may summarily dismiss the above cases. Signed by Chief District Judge Thomas A Varlan on March 15, 2017. (JAN, )
May 23, 2017
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MEMORANDUM OPINION as to Timothy Chudley: the Clerk's Office will be DIRECTED to terminate Petitioner's supplemented § 2255 petition [Docs. 156, 157] and the civil action associated therewith [E.D. Tenn. Case No. 3:16-CV-362-TAV]. The dismissal will be without prejudice. The United States' motion to deny and dismiss [Doc. 165] will be DENIED as moot. Signed by Chief District Judge Thomas A Varlan on May 23, 2017. (AYB)
May 23, 2017
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JUDGMENT ORDER, entered by the Clerk, as to Timothy Chudley (2) that Petitioner's supplemented § 2255 motion [Docs. 156, 157] is DISMISSED WITHOUT PREJUDICE pursuant to his notice of voluntary dismissal [Doc. 166]. The Clerk's Office is DIRECTED to terminate the civil case associated therewith [E.D.Tenn. Case No. 3:16-CV-362-TAV]. The United States' motion to deny and dismiss with prejudice [Doc. 165] is DENIED as moot. Signed by Chief District Judge Thomas A Varlan on May 23, 2017. (AYB) Civil Case 3:16-cv-00362-TAV closed.