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16-1376 - Nguyen v. USA

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16-1376 - Nguyen v. USA
June 18, 2016
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FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE 1 Motion to Vacate under 28 U.S.C. 2255 filed by Hau Ngoc Nguyen. For the foregoing reasons, it is recommended that the section 2255 motion be DISMISSED WITHOUT PREJUDICE to it being reasserted after the United States Court of Appeals for the Fifth Circuit has determined his direct criminal appeal. (Ordered by Magistrate Judge Renee Harris Toliver on 6/18/2016) (aaa)
July 21, 2016
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ORDER: It is ordered that the 3 findings, conclusions, and recommendation of the magistrate judge are adopted. It is ordered that the motion to vacate, set aside, or correct sentence under 28 U.S.C. § 2255 is dismissed without prejudice to petitioner's reasserting it after the United States Court of Appeals for the Fifth Circuit has ruled on his direct criminal appeal. Considering the record in this case and pursuant to Fed. R. App. P. 22(b), Rule 11(a) of the Rules Governing §§ 2254 and 2255 proceedings, and 28 U.S.C. § 2253(c), the court denies a certificate of appealability. (Ordered by Judge Sidney A Fitzwater on 7/21/2016) (bdb)