Tafolla-Gonzalez v. USA

Tafolla-Gonzalez v. USA

Petitioner:	Higinio Tafolla-Gonzalez
Respondent:	USA
Case Number:	4:2011cv00181
Filed:	April 25, 2011
Court:	US District Court for the District of Idaho
Office:	Pocatello - Eastern Office
County:	Bingham - Eastern
Presiding Judge:	B. Lynn Winmill
Nature of Suit:	Motions to Vacate Sentence
Cause of Action:	28 U.S.C. § 2255
Jury Demanded By:	None

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Date Filed	Document Text
September 30, 2014	Filing 23 ORDER DENYING CERTIFICATE OF APPEALABILITY re 21 USCA Order. NOW THEREFORE IT IS HEREBY ORDERED, that the Certificate of Appealability is DENIED. IT IS FURTHER ORDERED, that the Clerk shall follow its established procedure for alerting the Ninth Ci rcuit that this Order has issued, and providing the Circuit with access to the record of this case. IT IS FURTHER ORDERED, that the Clerk shall close this case. 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 (cjm)(Emailed Order to the 9CCA.)
August 4, 2014	Filing 18 MEMORANDUM DECISION AND ORDER granting in part and denying in part 7 Motion for Summary Judgment AND Motion to Appoint Counsel; granting in part and denying in part 9 Motion to Dismiss. IT IS FURTHER ORDERED, that plaintiffs Conviction for Conspi racy to Distribute a Controlled Substance in violation of 21 U.S.C. § 846, Count 1 of the Indictment, Case No. 4:07-cr-00088-BLW, is hereby VACATED. IT IS FURTHER ORDERED, that the Clerk prepare an Amended Judgment reflecting the dismissal of th e Conspiracy charge. IT IS FURTHER ORDERED, that within the next 60 days, the plaintiff and the Probation Office file a statement of account showing what has been paid on the $2,600 assessment to determine if plaintiff is entitled to a $100 refund or a reduction in the amount still owed. 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 (cjm)(Emailed to USP and jd in Finance.)

Date Filed

Document Text

September 30, 2014

Filing 23 ORDER DENYING CERTIFICATE OF APPEALABILITY re 21 USCA Order. NOW THEREFORE IT IS HEREBY ORDERED, that the Certificate of Appealability is DENIED. IT IS FURTHER ORDERED, that the Clerk shall follow its established procedure for alerting the Ninth Ci rcuit that this Order has issued, and providing the Circuit with access to the record of this case. IT IS FURTHER ORDERED, that the Clerk shall close this case. 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 (cjm)(Emailed Order to the 9CCA.)

August 4, 2014

Filing 18 MEMORANDUM DECISION AND ORDER granting in part and denying in part 7 Motion for Summary Judgment AND Motion to Appoint Counsel; granting in part and denying in part 9 Motion to Dismiss. IT IS FURTHER ORDERED, that plaintiffs Conviction for Conspi racy to Distribute a Controlled Substance in violation of 21 U.S.C. § 846, Count 1 of the Indictment, Case No. 4:07-cr-00088-BLW, is hereby VACATED. IT IS FURTHER ORDERED, that the Clerk prepare an Amended Judgment reflecting the dismissal of th e Conspiracy charge. IT IS FURTHER ORDERED, that within the next 60 days, the plaintiff and the Probation Office file a statement of account showing what has been paid on the $2,600 assessment to determine if plaintiff is entitled to a $100 refund or a reduction in the amount still owed. 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 (cjm)(Emailed to USP and jd in Finance.)

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Respondent: USA
Represented By:	Michael Joseph Fica
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Petitioner: Higinio Tafolla-Gonzalez
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