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13-027 - USA v. Wimer


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13-027 - USA v. Wimer
September 20, 2013
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ORDER/OPINION REGARDING PLEA OF GUILTY as to Timothy Juston Wimer: It is ORDERED that the Plea Agreement and Waiver and Consent are ordered filed; the Defendant pled guilty and the Court accepted the guilty plea; PSR is ordered and the Defendant is remanded to the custody of the US Marshal. Signed by Magistrate Judge John S. Kaull on 9/20/13. (email USM)(cnd) Modified document type on 9/20/2013 (cnd).
July 20, 2015
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REPORT AND RECOMMENDATION/OPINION as to Timothy Juston Wimer re 47 MOTION to Vacate under 28 U.S.C. 2255: The Magistrate Judge RECOMMENDS that Petitioner's 2255 Motion be denied and dismissed from the docket. Written Objections to R&R due within 14 days, or by 8/3/2015. Signed by Magistrate Judge James E. Seibert on 7/20/15. (Attachments: # (1) Certified Mail Return Receipt) (copy Petitioner)(cnd) Modified document type on 7/20/2015 (cnd).
January 6, 2016
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REPORT AND RECOMMENDATION THAT 2255 MOTION BE GRANTED ONLY ON THE ISSUE THAT PETITIONER INSTRUCTED COUNSEL TO FILE A NOTICE OF APPEAL as to Timothy Juston Wimer re 47 MOTION to Vacate under 28 U.S.C. 2255: The Magistrate Judge RECOMMENDS that Defendant's original judgment be VACATED and a new judgment ENTERED. Written objections may be filed within 10 days. Signed by Magistrate Judge James E. Seibert on 1/6/16. (cnd)
January 25, 2016
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ORDER ADOPTING REPORT AND RECOMMENDATION: It is the opinion of this Court that the Magistrate Judge's January6, 2016 Report and Recommendation 8 72 is adopted; the Magistrate Judge's July 20, 2015 Report and Recommendation 6 63 is adopted; The Original Judgment and Commitment Order 35 36 is VACATED and the petitioner shall be resentenced for the sole purpose of setting the time to file a Notice of Appeal. Petitioner's 2255 1 47 is granted in part as to the petitioner's claim of ineffective assistance of counsel with regard to counsel's failure to file a Notice of Appeal on Behalf of petitioner; Petitioner's 2255 1 47 is denied in part as to the remainder of petitioner's claims of ineffective assistance of counsel. A separate order setting the date and time of petitioner's resentencing will follow.Signed by District Judge John Preston Bailey on 1/25/16. (Attachments: # (1) Certified Mail Return Receipt) (jss) Civil Case 2:15-cv-00002-JPB-JES closed.