Sandoval v. United States of America
| Marcelo Sandoval |
| United States of America |
| 4:2019cv04206 |
| October 15, 2019 |
| US District Court for the Central District of Illinois |
| Joe Billy McDade |
| Prisoner: Vacate Sentence |
| 28 U.S.C. ยง 2255 |
| None |
Docket Report
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| Document Text |
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| Filing 6 JUDGMENT entered. (RK, ilcd) |
Filing 5
ORDER re #1 MOTION to Vacate, Set Aside or Correct Sentence (2255) filed by Marcelo Sandoval. IT IS THEREFORE ORDERED that Petitioner's Motion to Vacate, Set Aside or Correct Sentence under 28 U.S.C. 2255 (Doc. 1) is GRANTED; Petitioner's conviction for using or carrying a firearm to commit a crime of violence in violation of 18 U.S.C. 924(c) (Count 2) in United States v. Sandoval, No. 4:99-cr-40019 (1999), is VACATED; and Petitioner's sentences in No. 4:99-cr-40019 are VACATED for a full resentencing. See full written Order. Entered by Judge Joe Billy McDade on 11/27/2019. (VH, ilcd)
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| Filing 4 RESPONSE to Motion re #1 MOTION to Vacate, Set Aside or Correct Sentence (2255) filed by Respondent United States of America. (Allegro, Donald) |
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Filing 3
ORDER entered by Judge Joe Billy McDade on 10/18/19. IT IS THEREFORE ORDERED: 1. Respondent SHALL file an answer, motion, or other responsive pleadingwithin forty-two (42) days (11/29/2019) of this Order. Respondent should address any facts that would establish whether Petitioner's claims are untimely or procedurally barred. In addition, Respondent should address the merits of Petitioner's constitutional claims and otherwise fully comply with Rule 5 of the Rules Governing 2254 Proceedings for the United States District Courts.2. Petitioner MAY file a reply to Respondent's response within twenty-one (21)days of being served with the response. 3. Petitioner SHALL serve upon the United States Attorney's office a copy of every further pleading or other document submitted for consideration by the Court. See full written Order.(VH, ilcd)
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| Filing 2 Remark: Criminal Indictment, Judgment, and Amended Judgment reducing sentence. See Criminal Case No 99-40019. (Attachments: #1 Judgment, #2 Amended Judgment reducing sentence) (JRK, ilcd) |
| Filing 1 MOTION to Vacate, Set Aside or Correct Sentence (2255), filed by Marcelo Sandoval. (Attachments: #1 USCA Order allowing Successive 2255 Motion)(JRK, ilcd) |
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TEXT ORDER entered by Judge Joe Billy McDade on 10/15/2019. Pursuant to Administrative Order 15-mc-1016, Tom Patton of the office of the Federal Public Defender for the Central District of Illinois has been appointed to represent petitioner in all further proceedings in this matter. (Copy of text order and Administrative Order 15-mc-1016 dated 9/9/15 mailed to petitioner.)(JRK, ilcd)
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| Respondent: United States of America | |
| Represented By: | Donald B Allegro |
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| Petitioner: Marcelo Sandoval | |
| Represented By: | Thomas W Patton |
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