Race v. USA

Race v. USA

Respondent:	USA
Movant:	Deven W. Race
Case Number:	4:2009cv00138
Filed:	February 17, 2009
Court:	US District Court for the Western District of Missouri
Office:	Prisoner: Vacate Sentence Office
County:	Jackson
Presiding Judge:	Fernando J. Gaitan
Presiding Judge:	Prisoner Pro Se
Nature of Suit:	None
Cause of Action:	U.S. Government Defendant
Jury Demanded By:	28:2255 Motion to Vacate / Correct Illegal Sentenc

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Date Filed	Document Text
May 11, 2009	Filing 7 ORDER - movant's motion to vacate, set aside or correct his sentence pursuant to 28 U.S.C. § 2255 3 , is GRANTED IN PART and DENIED IN PART. The Court VACATES the Judgment entered on 10/15/08 85 in United States v. Deven W. Race, No. 07 -00307-01-CR-W-FJG. The Court reinstates the Judgment and Commitment in the criminal case as it was entered on 10/15/08 effective as of the date of this Order, and the 10-day period to file an appeal shall commence from the date of this Order. Beca use movant's ground for relief concerning the sufficiency of evidence should be brought in his direct appeal, the Court DISMISSES WITHOUT PREJUDICE this ground. Clerk directed to mail movant a copy of this Order by certified mail, return receipt requested. No evidentiary hearing will be held in this matter because the issues raised are resolvable by the record. Signed by Chief District Judge Fernando J. Gaitan, Jr. on 5/11/09. (Enss, Rhonda) Modified on 5/11/2009. Copy of Order and Clerk's Judgment mailed via certified mail (70022410000158618403) (Carr, Lori).

Date Filed

Document Text

May 11, 2009

Filing 7 ORDER - movant's motion to vacate, set aside or correct his sentence pursuant to 28 U.S.C. § 2255 3 , is GRANTED IN PART and DENIED IN PART. The Court VACATES the Judgment entered on 10/15/08 85 in United States v. Deven W. Race, No. 07 -00307-01-CR-W-FJG. The Court reinstates the Judgment and Commitment in the criminal case as it was entered on 10/15/08 effective as of the date of this Order, and the 10-day period to file an appeal shall commence from the date of this Order. Beca use movant's ground for relief concerning the sufficiency of evidence should be brought in his direct appeal, the Court DISMISSES WITHOUT PREJUDICE this ground. Clerk directed to mail movant a copy of this Order by certified mail, return receipt requested. No evidentiary hearing will be held in this matter because the issues raised are resolvable by the record. Signed by Chief District Judge Fernando J. Gaitan, Jr. on 5/11/09. (Enss, Rhonda) Modified on 5/11/2009. Copy of Order and Clerk's Judgment mailed via certified mail (70022410000158618403) (Carr, Lori).

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Respondent: USA
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