Valdez-Lopez v. USA

Valdez-Lopez v. USA

Petitioner:	Rufino Valdez-Lopez
Respondent:	USA
Case Number:	2:2016cv02079
Filed:	June 26, 2016
Court:	US District Court for the District of Arizona
Office:	Phoenix Division Office
County:	Maricopa
Presiding Judge:	Eileen S Willett (PS)
Presiding Judge:	Steven P Logan
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
September 30, 2019	Filing 21 ORDER ADOPTING REPORT AND RECOMMENDATION - IT IS ORDERED that Magistrate Judge Eileen S. Willett's 20 Report and Recommendation is accepted and adopted by the Court; That the Motion to Vacate, Set Aside, or Correct Sentence by a Person in F ederal Custody pursuant to 28 U.S.C. § 2255 (CV-16- 02079-PHX-SPL, Doc. 1 ; CR-07-00428-PHX-SPL, Doc. 276) is granted; That the portion of the Court's June 4, 2008 Judgment (CR-07-00428-PHX-SPL; Doc. 222) convicting Movant of violating Title 18, U.S.C. §924(c), Possession or Use of a Firearm in a Crime of Violence, a Class A Felony offense, as charged in Count V of the Superseding Indictment is vacated; That the Court shall hold a resentencing hearing for Counts I-IV in the underlying related criminal action, Case No. CR-07-00428-PHX-SPL; That the Probation Department shall prepare an updated presentence investigation report prior to the resentencing hearing; That the Clerk of Court shall file this Order in the underlying related criminal action, Case No. CR-07-00428-PHX-SPL; and That the Clerk of Court shall enter judgment accordingly and terminate this action. Signed by Judge Steven P Logan on 9/27/19. (GMP)

Date Filed

Document Text

September 30, 2019

Filing 21 ORDER ADOPTING REPORT AND RECOMMENDATION - IT IS ORDERED that Magistrate Judge Eileen S. Willett's 20 Report and Recommendation is accepted and adopted by the Court; That the Motion to Vacate, Set Aside, or Correct Sentence by a Person in F ederal Custody pursuant to 28 U.S.C. § 2255 (CV-16- 02079-PHX-SPL, Doc. 1 ; CR-07-00428-PHX-SPL, Doc. 276) is granted; That the portion of the Court's June 4, 2008 Judgment (CR-07-00428-PHX-SPL; Doc. 222) convicting Movant of violating Title 18, U.S.C. §924(c), Possession or Use of a Firearm in a Crime of Violence, a Class A Felony offense, as charged in Count V of the Superseding Indictment is vacated; That the Court shall hold a resentencing hearing for Counts I-IV in the underlying related criminal action, Case No. CR-07-00428-PHX-SPL; That the Probation Department shall prepare an updated presentence investigation report prior to the resentencing hearing; That the Clerk of Court shall file this Order in the underlying related criminal action, Case No. CR-07-00428-PHX-SPL; and That the Clerk of Court shall enter judgment accordingly and terminate this action. Signed by Judge Steven P Logan on 9/27/19. (GMP)

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Respondent: USA
Represented By:	Lisa Jennis(Designation Assistant US Attorney)
Represented By:	Raymond K Woo(Designation Assistant US Attorney)
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Petitioner: Rufino Valdez-Lopez
Represented By:	Mark A Heath, II(Designation CJA Appointment)
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