Replogle v. United States of America

Justia Dockets & Filings Eleventh Circuit Florida Middle District Replogle v. United States of America

Replogle v. United States of America

Petitioner:	Michael Replogle
Respondent:	United States of America
Case Number:	5:2009cv00417
Filed:	September 18, 2009
Court:	US District Court for the Middle District of Florida
Office:	Ocala Office
County:	Marion
Presiding Judge:	Wm. Terrell Hodges
Presiding Judge:	Gary R. Jones
Nature of Suit:	None
Cause of Action:	28 U.S.C. § 2255 Motion to Vacate Sentence
Jury Demanded By:	None

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Date Filed	Document Text
January 29, 2010	Filing 18 ORDER granting 1 Motion to vacate, set aside, or correct sentence (2255) as to Ground IV and DISMISSING without prejudice. The Clerk shall enter a judgment in the civil case granting in part and dismissing in part the petition. The judgment in t he criminal case (Cr-D-32) is VACATED. Defendant is resentenced to the same sentence as originally imposed in the Judgment in a Criminal Case (5:08-cr-13, D-32). The Clerk shall enter a new Judgment imposing the same terms as orginally imposed. De fendant has a right to appeal. The Clerk is directed to prepare and file a notice of appeal frm the judgment in the criminal case to be entered pursuant to this order. The Court finds that Defnedant is entitled to proceed in forma puperis on appeal and directs the Clerk of the Court to appoint attorney Anne Borghetti to represent Defendant on appeal. The Clerk shall file a copy of this Opinion and Order in the criminal case file, along with a certified copy of the civil judgment and close the civil file. Signed by Senior Judge William J. Castagna on 1/29/2010. (RT)

Date Filed

Document Text

January 29, 2010

Filing 18 ORDER granting 1 Motion to vacate, set aside, or correct sentence (2255) as to Ground IV and DISMISSING without prejudice. The Clerk shall enter a judgment in the civil case granting in part and dismissing in part the petition. The judgment in t he criminal case (Cr-D-32) is VACATED. Defendant is resentenced to the same sentence as originally imposed in the Judgment in a Criminal Case (5:08-cr-13, D-32). The Clerk shall enter a new Judgment imposing the same terms as orginally imposed. De fendant has a right to appeal. The Clerk is directed to prepare and file a notice of appeal frm the judgment in the criminal case to be entered pursuant to this order. The Court finds that Defnedant is entitled to proceed in forma puperis on appeal and directs the Clerk of the Court to appoint attorney Anne Borghetti to represent Defendant on appeal. The Clerk shall file a copy of this Opinion and Order in the criminal case file, along with a certified copy of the civil judgment and close the civil file. Signed by Senior Judge William J. Castagna on 1/29/2010. (RT)

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Petitioner: Michael Replogle
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Respondent: United States of America
Represented By:	Karen L. Gable
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