Amos v. USA

Amos v. USA

Petitioner:	Victor Allen Amos
Respondent:	USA
Case Number:	2:2016cv01324
Filed:	May 3, 2016
Court:	US District Court for the District of Arizona
Office:	Phoenix Division Office
County:	Maricopa
Presiding Judge:	Susan R Bolton
Presiding Judge:	Michelle H Burns
Nature of Suit:	Motions to Vacate Sentence
Cause of Action:	28 U.S.C. § 2255
Jury Demanded By:	None

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Date Filed	Document Text
May 30, 2017	Filing 11 ORDER: IT IS ORDERED sustaining Movant's Objections to the Report and Recommendation of the Magistrate Judge. IT IS FURTHER ORDERED granting Movant Victor Allen Amos's Motion to Vacate, Set Aside, or Correct Sentence Under 28 U.S.C. § 2255 1 . IT IS FURTHER ORDERED resentencing Movant within 60 days of the date of this Order. Signed by Judge Susan R Bolton on 5/30/2017. (REK)
January 23, 2017	Filing 8 REPORT AND RECOMMENDATION: IT IS THEREFORE RECOMMENDED that Movant's Motion to Vacate, Set Aside, or Correct Sentence Under 28 U.S.C. § 2255 (CV Doc. 1 and CR Doc. 54) be DENIED and DISMISSED WITH PREJUDICE; IT IS FURTHER RECOMMENDED th at a Certificate of Appealability and leave to proceed in forma pauperis on appeal be DENIED because Petitioner has not made a substantial showing of the denial of a constitutional right. This recommendation is not an order that is immediately appe alable to the Ninth Circuit Court of Appeals. Any notice of appeal pursuant to Rule 4(a)(1), Federal Rules of Appellate Procedure, should not be filed until entry of the district court's judgment. The parties shall have fourteen days from the date of service of a copy of this recommendation within which to file specific written objections with the Court. Thereafter, the parties have fourteen days within which to file a response to the objections. See document for further details. Signed by Magistrate Judge Michelle H Burns on 1/23/2017. (REK)

Date Filed

Document Text

May 30, 2017

Filing 11 ORDER: IT IS ORDERED sustaining Movant's Objections to the Report and Recommendation of the Magistrate Judge. IT IS FURTHER ORDERED granting Movant Victor Allen Amos's Motion to Vacate, Set Aside, or Correct Sentence Under 28 U.S.C. § 2255 1 . IT IS FURTHER ORDERED resentencing Movant within 60 days of the date of this Order. Signed by Judge Susan R Bolton on 5/30/2017. (REK)

January 23, 2017

Filing 8 REPORT AND RECOMMENDATION: IT IS THEREFORE RECOMMENDED that Movant's Motion to Vacate, Set Aside, or Correct Sentence Under 28 U.S.C. § 2255 (CV Doc. 1 and CR Doc. 54) be DENIED and DISMISSED WITH PREJUDICE; IT IS FURTHER RECOMMENDED th at a Certificate of Appealability and leave to proceed in forma pauperis on appeal be DENIED because Petitioner has not made a substantial showing of the denial of a constitutional right. This recommendation is not an order that is immediately appe alable to the Ninth Circuit Court of Appeals. Any notice of appeal pursuant to Rule 4(a)(1), Federal Rules of Appellate Procedure, should not be filed until entry of the district court's judgment. The parties shall have fourteen days from the date of service of a copy of this recommendation within which to file specific written objections with the Court. Thereafter, the parties have fourteen days within which to file a response to the objections. See document for further details. Signed by Magistrate Judge Michelle H Burns on 1/23/2017. (REK)

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Respondent: USA
Represented By:	Gary Michael Restaino(Designation Assistant US Attorney)
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Petitioner: Victor Allen Amos
Represented By:	Keith James Hilzendeger(Designation Public Defender or Community Defender Appointment)
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