DiNapoli v. United States of America
| Joseph DiNapoli |
| United States of America |
| 7:2021cv07987 |
| September 24, 2021 |
| US District Court for the Southern District of New York |
| White Plains Office |
| Cathy Seibel |
| Prisoner: Vacate Sentence |
| 28 U.S.C. ยง 2255 |
| None |
Docket Report
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| Document Text |
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| Supplemental ROA Sent to USCA (Electronic File). Certified Supplemental Indexed record on Appeal Electronic Files for #14 Notice (Other) USCA Case Number 21-2411, were transmitted to the U.S. Court of Appeals. (tp) |
| Filing 1 MOTION to Vacate, Set Aside or Correct Sentence (28 U.S.C. 2255). NO FURTHER ENTRIES. PLEASE SEE CRIMINAL CASE: 7:17-cr-89 (CS).Document filed by United States of America..(gp) |
| Case Designated ECF. (gp) |
| Magistrate Judge Andrew E. Krause is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (gp) |
| Filing 14 (ORIGINAL DOCUMENT 1208 FILED IN CASE 17-CR-89) NOTICE OF APPEAL by Joseph Dinapoli from 1207 Order, Terminate Motions. (Attachments: # 1 Acknowledgment and Notice of Appearance). (tp) .(gp) (Entered: 09/24/2021) |
Filing 13
(ORIGINAL DOCUMENT 1207 FILED IN CASE 17-CR-89) ORDER as to Joseph Dinapoli: The 3553(a) factors continue to outweigh the extraordinary and compelling circumstances, and thus the application under 3582(c)(1)(A) is denied. For the reasons stated above, the Petition under 28 U.S.C. 2255 is DENIED, and the application under 3582(c)(1)(A) is denied. (Signed by Judge Cathy Seibel on 9/8/2021) (See ORDER set forth) (ap) (gp) (Entered: 09/24/2021)
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| Filing 12 (ORIGINAL DOCUMENT 1206 FILED IN CASE 17-CR-89) SECOND LETTER by Joseph Dinapoli addressed to Judge Cathy Seibel from Gerard M. Marrone dated 8.30.21 re: Reply to Governments Opposition to 2255 Motion (Attachments: # 1 Exhibit "A" Letter to Warden, # 2 Exhibit "B" Medical Records Redacted, # 3 Exhibit "C" Appeals Decision)(Marrone, Gerard) .(gp) (Entered: 09/24/2021) |
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Filing 11
(ORIGINAL DOCUMENT 1205 FILED IN CASE 17-CR-89) MEMO ENDORSEMENT as to Joseph Dinapoli on re: 1203 Letter filed by Joseph Dinapoli....ENDORSEMENT...Petitioner's time to reply to the Government's opposotion is extended to 8/30/21. In my experience, the AUSAs have been accommodating defense requests for medical records without the need for an order, but if Mr. Marrone and Ms. Cohen cannot work this out and Mr. Marrone needs an order from me to BOP, he can let me know (Defendant Replies due by 8/30/2021.) (Signed by Judge Cathy Seibel on 8/11/21)(jw) .(gp) (Entered: 09/24/2021)
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| Filing 10 (ORIGINAL DOCUMENT 1204 FILED IN CASE 17-CR-89) LETTER by USA as to Joseph Dinapoli addressed to Judge Cathy Seibel from USA dated 8/11/21 re: Dkt. No. 1203 Document filed by USA. (Cohen, Celia) .(gp) (Entered: 09/24/2021) |
| Filing 9 (ORIGINAL DOCUMENT 1203 FILED IN CASE 17-CR-89) SECOND LETTER by Joseph Dinapoli addressed to Judge Cathy Seibel from Gerard Marrone dated 8.11.21 re: Second Request Extension of time to respond to Governments Opposition (Marrone, Gerard) .(gp) (Entered: 09/24/2021) |
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Filing 8
(ORIGINAL DOCUMENT 1202 FILED IN CASE 17-CR-89) MEMO ENDORSEMENT as to Joseph Dinapoli on re: 1201 FIRST LETTER by Joseph Dinapoli addressed to Judge Cathy Seibel from Gerard Marrone dated July 27, 2021 re: Extension of time to respond to Governments Opposition. ENDORSEMENT: Defendant's reply due 8/16/21. My understanding is that during the pandemic the Government has accommodated requests from defense counsel for client medical records without the need for an order, and I expect it will do so here. If for some reason it does not, please advise the Court by letter and I will order it. (Replies due by 8/16/2021) (Signed by Judge Cathy Seibel on 7/27/2021) (ap) .(gp) (Entered: 09/24/2021)
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| Filing 7 (ORIGINAL DOCUMENT 1201 FILED IN CASE 17-CR-89) FIRST LETTER by Joseph Dinapoli addressed to Judge Cathy Seibel from Gerard Marrone dated July 27, 2021 re: Extension of time to respond to Governments Opposition (Marrone, Gerard) .(gp) (Entered: 09/24/2021) |
| Filing 6 (ORIGINAL DOCUMENT 1200 FILED IN CASE 17-CR-89) MEMORANDUM in Opposition by USA as to Joseph Dinapoli re 1195 FIRST MOTION to Vacate under 28 U.S.C. 2255. (Cohen, Celia) .(gp) (Entered: 09/24/2021) |
| Filing 5 (ORIGINAL DOCUMENT 1199 FILED IN CASE 17-CR-89) FIRST MEMORANDUM OF LAW by Joseph Dinapoli in support of Joseph DiNapoli's Motion under 28 U.S.C 2255 to Vacate. (Attachments: # 1 Exhibit A Presentence Report Original mailed to court, # 2 Exhibit B Wise Letter Original Mailed to Court, # 3 Exhibit C Shapiro Letters Original Mailed to Court, # 4 Exhibit D Loretta Letters Original Mailed to Court, # 5 Exhibit E Warden Letter Original Mailed to Court)(Marrone, Gerard) .(gp) (Entered: 09/24/2021) |
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Filing 4
(ORIGINAL DOCUMENT 1198 FILED IN CASE 17-CR-89) ORDER granting 1197 Motion for Extension of Time as to Joseph Dinapoli (5): The Government shall oppose by 7/19/21. Petitioner may reply by 8/2/21. (Signed by Judge Cathy Seibel on 6/9/21) (Seibel, Cathy) (gp) (Entered: 09/24/2021)
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| Filing 3 (ORIGINAL DOCUMENT 1197 FILED IN CASE 17-CR-89) MOTION for Extension of Time. Document filed by USA as to Joseph Dinapoli. (Cohen, Celia) .(gp) (Entered: 09/24/2021) |
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Filing 2
(ORIGINAL DOCUMENT 1196 FILED IN CASE17-CR-89) ORDER: The Government shall respond by 7/2/21. Petitioner may respond by 7/16/21. (Signed by Judge Cathy Seibel on 6/3/21) (Seibel, Cathy) (gp) (Entered: 09/24/2021)
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