Estell v. USA

Estell v. USA

Petitioner:	Darrick C. Estell
Respondent:	USA
Case Number:	2:2017cv01683
Filed:	June 12, 2017
Court:	US District Court for the District of Nevada
Office:	Las Vegas Office
Presiding Judge:	Miranda M. Du
Nature of Suit:	Prisoner: Vacate Sentence
Cause of Action:	28 U.S.C. § 2255 Motion to Vacate / Correct Illegal Sentenc
Jury Demanded By:	None

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Date Filed	Document Text
July 18, 2018	Filing 2 ORDER - Darrick Estell's Motion to Vacate (ECF No. 250 ) is granted in part and denied in part. It is granted with respect to Estell's request to vacate his sentence in Count 2, but it is denied with respect to his request to resen tence him to 46 months on the remaining counts. The Court vacates Estell's conviction of Count 2 and his sentence of 84 months as to Count 2. The Court will set a resentencing hearing to determine the appropriate sentence as to Counts 1, 7 and 9 . The Court will reappoint Estell's former counsel, Todd Leventhal, to represent Estell at this resentencing hearing. It is further ordered that Estell's motion for appointment of counsel to represent him in his § 2255 proceedings (ECF No. 251 ) is denied. Signed by Judge Miranda M. Du on 7/18/2018. (Copies have been distributed pursuant to the NEF - DRM)

Date Filed

Document Text

July 18, 2018

Filing 2 ORDER - Darrick Estell's Motion to Vacate (ECF No. 250 ) is granted in part and denied in part. It is granted with respect to Estell's request to vacate his sentence in Count 2, but it is denied with respect to his request to resen tence him to 46 months on the remaining counts. The Court vacates Estell's conviction of Count 2 and his sentence of 84 months as to Count 2. The Court will set a resentencing hearing to determine the appropriate sentence as to Counts 1, 7 and 9 . The Court will reappoint Estell's former counsel, Todd Leventhal, to represent Estell at this resentencing hearing. It is further ordered that Estell's motion for appointment of counsel to represent him in his § 2255 proceedings (ECF No. 251 ) is denied. Signed by Judge Miranda M. Du on 7/18/2018. (Copies have been distributed pursuant to the NEF - DRM)

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Petitioner: Darrick C. Estell
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Respondent: USA
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