Simmons v. United States of America
| Justin Simmons |
| United States of America |
| 1:2018cv00843 |
| January 30, 2018 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Westchester |
| Colleen McMahon |
| Motions to Vacate Sentence |
| 28 U.S.C. ยง 2255 |
| None |
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The following documents for this case are available for you to view or download:
| Document Text |
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Filing
46
ORDER: The motion to vacate having been resolved in the criminal case (1: 1O cr-391-47) see doc. #1976. The Clerk of Court is directed to close the case. (Signed by Judge Colleen McMahon on 10/6/2022) (kv)
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Filing
44
DECISION ON PETITIONER'S MOTION FILED PURSUANT TO 28 U.S.C. § 2255 ANDORDER SETTING DATE FOR "DAVIS VACATURE" AND RESENTENCING: Accordingly, Mr. Simmons will be produced in court on September 22, 2021 at 11:00 a.m., for the purpos e of (1) vacating his conviction and sentence on Count Seventeen,(2) dismissing Count Seventeen, (3) vacating his sentence on the remaining counts, and(4) resentencing him on the remaining counts of conviction. The Probation Department is directed to prepare a supplemental Presentence Investigation Report by September 1, 2021. Sentencing submissions by the parties are due by September 15, 2021. This constitutes the decision and order of the Court. And as set forth herein. (Signed by Judge Colleen McMahon on 6/09/2021) (ama)
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Filing
40
ORDER APPOINTING COUNSEL AND SCHEDULING DEADLINE FOR SUPPLEMENTAL FILiNGS ON PETITIONER'S MOTION PURSUANT TO 28 U.S.C. § 2255 granting 37 Motion to Appoint Counsel; terminating 22 Application for the Court to Request Counsel. Accordin gly, the Court appoints attorney, Lorraine Gauli-Rufo, from the CJA panel, to represent Simmons in connection with his § 2255 motion. Counsel should review Simmons' filings and the Government's response, speak with Simmons, and repor t back to the Court within 30 days on how counsel wishes to proceed. If counsel decides she will be supplementing Simmons' prose motion, counsel's papers must be filed within 60 days; the Government will have 30 days thereafter to file a response. This constitutes the order of the Court. (Signed by Judge Colleen McMahon on 2/25/2021) (mml)
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| Defendant: United States of America | |
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| Plaintiff: Justin Simmons | |
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