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14-4365 - Aburto-Gamino v. USA


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14-4365 - Aburto-Gamino v. USA
January 11, 2017
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FINDINGS, CONCLUSIONS, AND RECOMMENDATION re: 2 Motion Under 28 U.S.C. § 2255, to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody. The Motion to Vacate, Set Aside, or Correct Sentence pursuant to 28 U.S.C. § 2255 should be GRANTED as to the first claim regarding an out-of-time appeal, the criminal judgment in No. 3:13-CR-193-L should be reentered, and the remaining § 2255 claims should be DISMISSED without prejudice. (Ordered by Magistrate Judge Irma Carrillo Ramirez on 1/11/2017) (mcrd)
February 7, 2017
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ORDER accepting 13 FINDINGS, CONCLUSIONS, AND RECOMMENDATION and Denying Certificate of Appealability: Instead of granting Petitioner's 2 motion and request for relief under 28 U.S.C. § 2255, the court grants Petitioner's request to file an out-of-time appeal and denies without prejudice Petitioner's 2 Motion to Vacate, Set Aside, or Correct Sentence pursuant to 28 U.S.C. § 2255. By separate document, the court will enter an amended judgment in Criminal Case No. 3:13-CR-193-L, from which Petitioner can appeal. (Ordered by Judge Sam A Lindsay on 2/7/2017) (twd)