McClendon v. United States of America
| James McClendon |
| United States of America |
| 1:2019cv24264 |
| October 16, 2019 |
| US District Court for the Southern District of Florida |
| William P Dimitrouleas |
| Prisoner: Vacate Sentence |
| 28 U.S.C. ยง 2255 |
| None |
Docket Report
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This docket was last retrieved on December 13, 2019. A more recent docket listing may be available from PACER.
| Document Text |
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Filing 14
FINAL JUDGMENT AND ORDER GRANTING MOTION TO VACATE COUNT THREE re #1 Motion (Complaint) to Vacate/Set Aside/Correct Sentence (2255) filed by James McClendon. Closing Case. Signed by Judge William P. Dimitrouleas on 12/13/2019. See attached document for full details. (drz)
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| Filing 13 PAPERLESS Minute Entry for proceedings held before Judge William P. Dimitrouleas: Movant's motion to vacate Hearing held on 12/13/2019. Government has no objection to the Court vacating the conviction in Count 3s. Defendant waives his right to an updated PSI report and also to hold the Government to recommending a low end of the guideline sentence. Court hears argument. Sentence imposed: 87 months imprisonment, 3 years supervised release, No Fine, $100 assessment, $873.40 restitution, joint and several liability. Defendant was informed of right to appeal. Total time in court: 1 hour(s) : 20 minutes. Attorney Appearance(s): Philip Robert Horowitz, Jonathan Kobrinsky for Government. Court Reporter: Glenda Powers, 305-523-5022 / Glenda_Powers@flsd.uscourts.gov. (kc) |
| Filing 12 MEMORANDUM of Law re #9 Order Setting/Cancelling Hearing,, Add Attorneys, in Aid of Resentencing by James McClendon. (Horowitz, Philip) |
| Filing 11 Writ of Habeas Corpus ad Testificandum Issued as to James McClendon. Motions terminated: #10 MOTION for Writ of Habeas Corpus Ad Prosequendum filed by United States of America. Signed by Magistrate Judge Chris M. McAliley on 11/5/2019. See attached document for full details. (dgj) |
| Filing 10 MOTION for Writ of Habeas Corpus Ad Prosequendum by United States of America. (dgj) |
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Filing 9
ORDER Appointing Counsel, Setting Hearing: ( Hearing set for 12/13/2019 at 1:15 PM in Fort Lauderdale Division before Judge William P. Dimitrouleas.), Attorney Philip Robert Horowitz for James McClendon added for Motion Attacking Sentence/Motion to Vacate Sentence (28 USC 2255) CJA representation. Date attorney was appointed CJA: 11/1/2019. Signed by Judge William P. Dimitrouleas on 11/1/2019. See attached document for full details. (pes)
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| Filing 8 RESPONSE to Motion re #5 MOTION to Expedite Petitioner's Second or Successive Motion to Vacate, Set Aside, or Correct Sentence under 28 USC 2255 filed by United States of America. Replies due by 11/7/2019. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Johnson, Maurice) |
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Filing 7
OMINIBUS ORDER re #6 Amended Complaint filed by James McClendon, #4 Order Signed by Judge William P. Dimitrouleas on 10/29/2019. See attached document for full details. (drz) Modified signature date on 10/30/2019 (asl).
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| Filing 6 AMENDED MOTION UNDER 28 U.S.C. 2255 TO VACTAE, SET ASIDE OR CORRECT SENTENCE against United States of America, filed by James McClendon.(drz) |
| Filing 5 MOTION to Expedite Ruling on Petitioner's Second 28 U.S.C. 2255 Habeas Corpus Petition by James McClendon. (drz) |
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Filing 4
ORDER re #1 Motion (Complaint) to Vacate/Set Aside/Correct Sentence (2255) filed by James McClendon Signed by Judge William P. Dimitrouleas on 10/18/2019. See attached document for full details. (drz)
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| Filing 3 NOTICE of Attorney Appearance by Maurice A. Johnson on behalf of United States of America. Attorney Maurice A. Johnson added to party United States of America(pty:dft). (Johnson, Maurice) |
| Filing 2 Clerks Notice of Judge Assignment to Judge William P. Dimitrouleas. (vjk) |
| Filing 1 USCA ORDER GRANTING LEAVE TO FILE SUCCESSIVE MOTION (Complaint) to Correct Sentence (2255). NOTE: All further docketing is to be done in the civil case. (Criminal Case # 13-cr-20414-WPD), filed by James McClendon.(vjk) |
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| Plaintiff: James McClendon | |
| Represented By: | Philip Robert Horowitz |
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| Defendant: United States of America | |
| Represented By: | Noticing 2255 US Attorney |
| Represented By: | Maurice A. Johnson |
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