Zepeda v. USA
| Damien Miguel Zepeda |
| USA |
| 2:2017cv01229 |
| April 25, 2017 |
| US District Court for the District of Arizona |
| Phoenix Division Office |
| Pinal |
| James F Metcalf |
| Roslyn O Silver |
| Motions to Vacate Sentence |
| 28 U.S.C. ยง 2255 |
| None |
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The following documents for this case are available for you to view or download:
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Filing
61
ORDER - IT IS ORDERED the Report and Recommendation (Doc. 55 ) is ADOPTED. Petitioner's Motion to Vacate, Set Aside, or Correct a Sentence under 28 U.S.C. § 2255 (Doc. 1 ; CR-08-01329-PHX-ROS-1 Doc. 236) is GRANTED IN PART. IT IS FURTHER ORDERED Petitioner's conviction and sentence as to Count 3 of the indictmentuse of a firearm during a crime of violence-and Petitioner's sentence as to Counts 1, 2, 4, 5, 6, 7, 8, and 9 are VACATED. Petitioner will accordingly be resen tenced in future proceedings. IT IS FURTHER ORDERED a Certificate of Appealability is DENIED because Petitioner has failed to make a substantial showing of the denial of a constitutional right under 28 U.S.C. § 2253(c)(2). (See document for further details). Signed by Senior Judge Roslyn O Silver on 1/11/2022. (LAD)
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Filing
36
ORDER adopting 35 Report and Recommendations in full and granting 34 Joint Motion to Stay. The parties shall file a status report regarding the continuance of the stay: (1) within 30 days of the issuance of any decision on the Motion for Rehearing by the Ninth Circuit in United States v. Orona, 923 F.3d 1197 (9th Cir. 2019); and (2) in any event on or before March 16, 2020, and every three months thereafter. Signed by Senior Judge Roslyn O Silver on 9/20/2019. (MMO)
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Filing
35
REPORT AND RECOMMENDATION that the Parties' 34 Motion to Continue Stay, filed September 16, 2019 be GRANTED. IT IS FURTHER RECOMMENDED that the consideration of this matter continue to be STAYED until further order of the Court and the par ties be required to file a status report regarding the continuance of the stay: (1) within 30 days of the issuance of any decision on the Motion for Rehearing by the Ninth Circuit in United States v. Orona, 923 F.3d 1197 (9th Cir. 2019); and (2) i n any event on or before March 16, 2020, and every three months thereafter. This recommendation is not an order that is immediately appealable 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. Signed by Magistrate Judge James F Metcalf on 9/17/19. (GMP)
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Filing
30
ORDER ADOPTING REPORT AND RECOMMENDATION 29 in full. Petitioner's Unopposed Motion to Stay 28 is granted. IT IS FURTHER ORDERED the parties shall file a status report regarding the continuance of the stay: (1) within 30 days of the issua nce of any decision by the Ninth Circuit in Begay; (2) within 30 days of the issuance of any decision by the Supreme Court in Davis; and (3) in any event on or before August 8, 2019, and every three months thereafter. Signed by Senior Judge Roslyn O Silver on 2/22/19. (CLB)
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Filing
25
ORDER ADOPTING REPORT AND RECOMMENDATION - Adopting in full 19 Report and Recommendation and granting 18 Motion to Stay. Adopting in full 21 Report and Recommendation and granting 20 Motion to Stay. Adopting in full 24 Report and Recomme ndation and granting 22 Motion to Continue Stay of Brief. The parties shall file a Status Report regarding the continuance of the stay either: within 30 days of a decision in Begay or on 2/8/2019, whichever occurs sooner. See Order for further details. Signed by Senior Judge Roslyn O Silver on 8/14/18. (DXD)
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