O'Halloran v. USA

O'Halloran v. USA

Petitioner:	Michael K. O'Halloran
Respondent:	USA
Case Number:	1:2017cv00330
Filed:	July 31, 2018
Court:	US District Court for the District of New Hampshire
Office:	Concord Office
Presiding Judge:	Steven J. McAuliffe
Nature of Suit:	Prisoner: Vacate Sentence
Cause of Action:	28 U.S.C. § 2255 Motion to Vacate / Correct Illegal Sentence

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Date Filed	Document Text
January 25, 2021	Filing 23 ///ORDER re: 1 Motion to Vacate Sentence - 2255. The jury instructions given with respect to the Section 924(c) counts, while retroactively rendered erroneous by the Davis decision, were nevertheless harmless, given that the conspiracy to rob and the substantive robbery counts (the potential predicates) were factually and pragmatically coextensive. The robbery offenses qualified as crimes of violence predicates, and the jury's verdict on the Section 924(c) counts remain valid. Judgment shall enter in accordance with this order and thecourts previous order (amending the sentence) (document no. 17). So Ordered by Judge Steven J. McAuliffe.(lw)
July 31, 2018	Filing 17 /// ORDER granting O'Halloran's petition to vacate and correct his sentence imposed under the ACCA, and staying his motion to vacate his conviction under § 924(c) pending resolution of Rawnsley v. United State s, No. 16-2321 (1st Cir. 2016) re: Motion to Vacate Sentence - 2255 (document nos. 1 and 14). A revised judgment reflecting that modification shall issue. So Ordered by Judge Steven J. McAuliffe.(lml) Modified on 8/1/2018 to add /// (jbw). Modified on 8/1/2018 to add document nos. to docket text. (jbw).

Date Filed

Document Text

January 25, 2021

Filing 23 ///ORDER re: 1 Motion to Vacate Sentence - 2255. The jury instructions given with respect to the Section 924(c) counts, while retroactively rendered erroneous by the Davis decision, were nevertheless harmless, given that the conspiracy to rob and the substantive robbery counts (the potential predicates) were factually and pragmatically coextensive. The robbery offenses qualified as crimes of violence predicates, and the jury's verdict on the Section 924(c) counts remain valid. Judgment shall enter in accordance with this order and thecourts previous order (amending the sentence) (document no. 17). So Ordered by Judge Steven J. McAuliffe.(lw)

July 31, 2018

Filing 17 /// ORDER granting O'Halloran's petition to vacate and correct his sentence imposed under the ACCA, and staying his motion to vacate his conviction under § 924(c) pending resolution of Rawnsley v. United State s, No. 16-2321 (1st Cir. 2016) re: Motion to Vacate Sentence - 2255 (document nos. 1 and 14). A revised judgment reflecting that modification shall issue. So Ordered by Judge Steven J. McAuliffe.(lml) Modified on 8/1/2018 to add /// (jbw). Modified on 8/1/2018 to add document nos. to docket text. (jbw).

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Petitioner: Michael K. O'Halloran
Represented By:	Charles J. Keefe
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Respondent: USA
Represented By:	Seth R. Aframe
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