USA v. Archie Cabello
| UNITED STATES OF AMERICA |
| ARCHIE CABELLO, AKA Archibaldo Cabello, AKA Archie Cabello, Jr., AKA Archie P. Cabello, AKA Arquimedes Cabello, AKA Archie Palumbo |
| 23-35081 |
| January 31, 2023 |
| U.S. Court of Appeals, Ninth Circuit |
| Vacate Sentence |
Docket Report
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This docket was last retrieved on March 16, 2023. A more recent docket listing may be available from PACER.
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| Filing 5 Filed order (Appellate Commissioner): This case appears to arise from the district courts January 18, 2023 order denying appellants motion for reconsideration pursuant to Federal Rule of Civil Procedure 60(b) in section 2255 proceedings, and thus is subject to the requirements of 28 U.S.C. 2253(c). See United States v. Winkles, 795 F.3d 1134, 1143 (9th Cir. 2015) (certificate of appealability is required to appeal the denial of a Rule 60(b) motion arising out of the denial of a section 2255 motion). This case is remanded to the district court for the limited purpose of granting or denying a certificate of appealability at the courts earliest convenience. See 28 U.S.C. 2253(c); Fed. R. App. P. 22(b); United States v. Asrar, 116 F.3d 1268, 1270 (9th Cir. 1997). If the district court chooses to issue a certificate of appealability, the court should specify which issue or issues meet the required showing; if the district court declines to issue a certificate, the court is requested to state its reasons. See 28 U.S.C. 2253(c)(3); Asrar, 116 F.3d at 1270. The Clerk will send a copy of this order to the district court. (Pro Se) [12675309] (CKP) [Entered: 03/16/2023 10:28 AM] |
| Filing 4 Received copy of District Court order filed on 03/09/2023 granting motion to proceed In Forma Pauperis. [12672980] (BJK) [Entered: 03/13/2023 02:09 PM] |
| Filing 3 Filed Appellant Archie Cabello letter dated 02/08/2023 stating his in forma pauperis status was granted at the district court level. Paper filing deficiency: None. [12653971] (BJK) [Entered: 02/15/2023 02:48 PM] |
| Filing 2 Filed Appellant Archie Cabello petition for Rule 60(b) (4)motion. Deficiencies: None. Served on 02/06/2023. [12653678] (BJK) [Entered: 02/15/2023 11:37 AM] |
| Filing 1 Open 9th Circuit docket. No COA order in district court. Record on appeal included: Yes. [12643363] (OC) [Entered: 01/31/2023 03:24 PM] |
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| Plaintiff / appellee: UNITED STATES OF AMERICA | |
| Represented By: | Thomas H. Edmonds |
| Represented By: | Claire M. Fay |
| Represented By: | Kelly A. Zusman |
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| Defendant / appellant: ARCHIE CABELLO, AKA Archibaldo Cabello, AKA Archie Cabello, Jr., AKA Archie P. Cabello, AKA Arquimedes Cabello, AKA Archie Palumbo | |
| Represented By: | Archie Cabello |
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