Broncheau v. USA
| Kenneth D Broncheau |
| USA |
| 3:2016cv00269 |
| June 22, 2016 |
| US District Court for the District of Idaho |
| Moscow - Central Office |
| Lewis - Central |
| Edward J. Lodge |
| Motions to Vacate Sentence |
| 28 U.S.C. ยง 2255 |
| None |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
25
MEMORANDUM DECISION AND ORDER. IT IS ORDERED that: Respondent's Motion to Lift Stay and to Impose the Original Negotiated Sentence (Cv. Dkt. 24 ) is GRANTED. It is FURTHER ORDERED that the original Judgment (Cr. Dkt. 31), sentencing Petitioner to 240 months for Second-Degree Murder, to be served consecutively to 120 months for Use of a Firearm in a Crime of Violence, remains in full force and effect in Petitioner's underlying criminal case (3:13-cr-00010-BLW). Signed by Judge B Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (km)
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Filing
20
MEMORANDUM DECISION AND ORDER - IT IS HEREBY ORDERED, that the motion for reconsideration (docket no. 17 ) is GRANTED IN PART AND DENIED IN PART. It is denied to the extent it seeks withdrawal of the Courts decision issued April 3, 2020. It is grant ed to the extent it seeks to stay the resentencing of the defendant pending resolution of U.S. v. Borden, 769 F. Appx 266 (6th Cir. 2019), cert.granted, No. 19-5410, 2020 WL 981806 (U.S. Mar. 2, 2020); U.S. v. Orona, 942 F.3d 1159 (2019) (granting rehearing en banc on November 18, 2019). Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jd)
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Filing
15
MEMORANDUM DECISION AND ORDER - NOW THEREFORE IT IS HEREBY ORDERED, that the Governments motion to dismiss (docket no. 10 ) is DENIED; IT IS FURTHER ORDERED, that plaintiff Broncheaus motion under § 2255 (docket no 1 ) is GRANTED to the extent it seeks to strike that portion of his sentence based on § 924(c). IT IS FURTHER ORDERED, that the Clerk shall schedule a resentencing hearing at which time the Court will resentence Broncheau on the Second-Degree Murder charge only, set aside the earlier Judgment, and enter a new Judgment. IT IS FURTHER ORDERED, that defendant Broncheaus motion for declaratory judgment and injunction (docket no. 5 ) is GRANTED to the extent it seeks a declaratory judgment that Broncheau did not breach th e Plea Agreement by filing a § 2255 motion seeking to overturn his § 924(c) conviction and an injunction enjoining the Government from filing a First-Degree Murder charge. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jd)
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| Respondent: USA | |
| Represented By: | Nancy D Cook |
| Represented By: | Michael W Mitchell |
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| Petitioner: Kenneth D Broncheau | |
| Represented By: | Melissa Winberg(Designation Public Defender or Community Defender Appointment) |
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