Garcia v. USA

Garcia v. USA

Respondent:	USA
Movant:	Noe Garcia
Case Number:	4:2010cv01274
Filed:	December 20, 2010
Court:	US District Court for the Western District of Missouri
Office:	Kansas City Office
County:	Jackson
Presiding Judge:	Prisoner Pro Se
Presiding Judge:	Fernando J. Gaitan
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
October 9, 2012	Filing 37 ORDER - movant's motion 1 to vacate, set aside or correct sentence is GRANTED IN PART AND DENIED IN PART. Movant will be denied a certificate of appealability. The Court directs the Clerk of Court to transfer Notice of Appeal to the Eighth Cir cuit for its consideration in light of this Order. In order to avoid any unnecessary confusion, the re-sentencing will proceed after the Eighth Circuit has ruled on Mr. Garcia's appeal. Signed on 10/9/12 by Chief District Judge Fernando J. Gaitan, Jr. (Enss, Rhonda)
July 24, 2012	Filing 26 ORDER granting and denying in part movant's motion to vacate, set aside, or correct sentence 1 . The Court requests the Government file a response to the issue of the drug quantity on or before 08/15/12. The Court will issue a final decision on that issue after reviewing the Government's response. Signed on 7/24/12 by Chief District Judge Fernando J. Gaitan, Jr. (Enss, Rhonda)

Date Filed

Document Text

October 9, 2012

Filing 37 ORDER - movant's motion 1 to vacate, set aside or correct sentence is GRANTED IN PART AND DENIED IN PART. Movant will be denied a certificate of appealability. The Court directs the Clerk of Court to transfer Notice of Appeal to the Eighth Cir cuit for its consideration in light of this Order. In order to avoid any unnecessary confusion, the re-sentencing will proceed after the Eighth Circuit has ruled on Mr. Garcia's appeal. Signed on 10/9/12 by Chief District Judge Fernando J. Gaitan, Jr. (Enss, Rhonda)

July 24, 2012

Filing 26 ORDER granting and denying in part movant's motion to vacate, set aside, or correct sentence 1 . The Court requests the Government file a response to the issue of the drug quantity on or before 08/15/12. The Court will issue a final decision on that issue after reviewing the Government's response. Signed on 7/24/12 by Chief District Judge Fernando J. Gaitan, Jr. (Enss, Rhonda)

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Respondent: USA
Represented By:	Joseph M. Marquez
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Movant: Noe Garcia
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