Shiroma v. USA
| Shiroma |
| USA |
| Marc Shiroma |
| 1:2016cv00320 |
| June 17, 2016 |
| US District Court for the District of Hawaii |
| Hawaii Office |
| Honolulu |
| KENNETH J MANSFIELD |
| SUSAN OKI MOLLWAY |
| Prisoner: Vacate Sentence |
| 28 U.S.C. ยง 2255 |
| None |
Docket Report
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This docket was last retrieved on October 31, 2017. A more recent docket listing may be available from PACER.
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Filing 8
CLERK'S JUDGMENT: IT IS ORDERED AND ADJUDGED: Pursuant to ORDER DENYING PETITIONERS MOTION UNDER 28U.S.C.2255 TO VACATE, SET ASIDE, OR CORRECT SENTENCE BY APERSON IN FEDERAL CUSTODY AND GRANTING A CERTIFICATE OFAPPEALABILITY ECF Document 7 - Signed by Judge Susan Oki Mollway on10/31/17. (cib, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 7
ORDER Denying Petitioner's Motion Under 28 U.S.C. 2255 To Vacate, Set Aside, Or Correct Sentence By A Person In Federal Custody And Granting A Certificate of Appealability. " The court DENIES the motion for 2255 relief and GRANTS a certificate of appealability." Signed by JUDGE SUSAN OKI MOLLWAY on 10/31/17. (cib, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 6
EO: Defendant Marc Shiroma's motion under 28 U.S.C. 2255 is currently set for hearing at 9:00 a.m. on September 11, 2017. Two days later, on September 13, 2017, two cases raising the issue of whether armed bank robbery is a crime of violence are scheduled to be heard by the Ninth Circuit Court of Appeals. See United States v. Kenney, 16-10117, and United States v. Watson, 16-15357. Because these appellate cases raise similar arguments, this court proposes moving the hearing date from September 11, 2017, to 9:45 on October 16, 2017, to allow the Ninth Circuit to rule in those cases. Any party objecting to this short continuance must notify the court in writing of the objection no later than noon on Monday, August 28, 2017. re #1 Motion to Vacate/Set Aside/Correct Sentence (2255),. (JUDGE SUSAN OKI MOLLWAY)(tbf, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 5
EO: Defendant Marc Shiroma filed a Motion Under 28 U.S.C. 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody. ECF No. 18. On March 23, 2017, the court issued a minute order, asking each party to file, no later than March 28, 2017, a memorandum of what issues remain for adjudication in light of the Supreme Courts decision in Beckles v United States, __ S. Ct. __, 2017 WL 855781 (Mar. 6, 2017). On March 28, 2017, rather than providing a position about the impact of Beckles, counsel for Shiroma indicated that a notice of dismissal of the 2255 motion would be filed upon receiving Shiromas consent. See ECF No. 25. On April 3, 2017, counsel for Shiroma indicated that Shiroma did not consent to dismissal of his 2255 motion and that this court should adjudicate the motion on its merits. See ECF No. 26. Because Shiroma has not indicated his position with respect to the merits of his 2255 motion in light of Beckles, the court offers Shiroma the opportunity to file, no later than June 9, 2017, a position with respect to how Beckles affects the merits of Shiromas 2255 motion. If the court receives no such position from Shiroma by June 9, 2017, the court will assume that Shiroma does not oppose the Governments argument that Shiromas 2255 motion is meritless given Beckles. See ECF No. 24. re #1 Motion to Vacate/Set Aside/Correct Sentence (2255),, Ripe deadline re: #1 Motion to Vacate/Set Aside/Correct Sentence (2255),. set for 6/9/2017. (JUDGE SUSAN OKI MOLLWAY)(tbf, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 4
EO: as to Marc Shiroma, ECF No. #1 : Because this case is stayed, the court terminates any pending motion. Any such terminated motion will automatically be reinstated when the stay is lifted. (Minute Order entered in CR 15-00060 SOM on 7/28/2016.) (JUDGE SUSAN OKI MOLLWAY) (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 3
ORDER: COURT WILL ASSESS CASE STATUS on Monday, September 19, 2016 - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 6/17/2016. (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing 2
NOTICE of Case Assignment: Please reflect Civil case number CV 16-00320 SOM-KJM on all further pleadings. Unless ordered to do so by the court, all filings relevant to the 28:2255 petition shall be filed only in CR 15-00060 SOM; USA v. Shiroma. (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry.
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Filing 1
MOTION UNDER 28 U.S.C. 2255 TO VACATE, SET ASIDE, OR CORRECTSENTENCE BY A PERSON IN FEDERAL CUSTODY - filed by Marc Shiroma. (The petition was e-filed by Peter C. Wolff, FPD on June 17, 2016, in CR 15-00060 SOM; USA v. Shiroma.) (emt, )
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