Austin v. United States of America
| Joel Austin |
| United States of America |
| 1:2016cv04446 |
| June 13, 2016 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Sarah Netburn |
| Jed S. Rakoff |
| Motions to Vacate Sentence |
| 28 U.S.C. ยง 2255 |
| None |
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Filing
16
ORDER: The opinion in United States of America v. Joel Austin, 06-cr-991(JSR), ECF No. 101, also disposes of this case. The Clerk of Court is hereby directed to close the case. SO ORDERED. (Signed by Judge Jed S. Rakoff on 9/15/2021) (kv)
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Filing
14
MEMORANDUM ORDER: For the foregoing reasons, the Government's motion to remand Mr. Austin is granted, and the defendant is directed to voluntarily surrender to the custody of the Bureau of Prisons by no later than 2 PM on April 30, 2020. (Signed by Judge Jed S. Rakoff on 2/21/2020) (jwh)
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Filing
13
MEMORANDUM ORDER: The Court is unpersuaded by defense counsel's first argument, as the vacatur of a resentencing should, in the ordinary course, operate to reinstate the original sentence. See United States v. Maldonado, 996 F.2d 598, 599 (2d Ci r. 1993). The Court is, however, persuaded by defense counsel's second argument that a hearing is necessary to determine whether Mr. Austin's situation is among those "unusual cases" where "extraordinary or exceptional circum stances exist which make the grant of bail necessary to make the habeas remedy effective." Ostrer v. United States, 584 F.2d 594, 596 n.1 (2d Cir. 1978) (citations omitted). The parties are accordingly directed to appear at a bail hearing on Friday, February 14, 2020 at 11 AM. (Signed by Judge Jed S. Rakoff on 2/8/2020) (jwh)
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Filing
9
OPINION AND ORDER. Before the Court is the motion of petitioner Joel Austin to vacate his sentence and order his release. The motion is granted....[See this Opinion And Order]... Because none of his three prior convictions were violent felonies under ACCA, Austin's motion to vacate his prior sentence is GRANTED. The Bureau of Prisons is directed to release him from custody forthwith. SO ORDERED. (Signed by Judge Jed S. Rakoff on 12/4/17) (yv)
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| Defendant: United States of America | |
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| Plaintiff: Joel Austin | |
| Represented By: | Barry D Leiwant |
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