Yusuf v. USA
| Vivian Yusuf |
| USA |
| 6:2015cv00562 |
| June 8, 2015 |
| US District Court for the Eastern District of Texas |
| Tyler Office |
| Smith |
| John D Love |
| Michael H Schneider |
| Prisoner: Vacate Sentence |
| 28 U.S.C. ยง 2255 Motion to Vacate/Correct Illegal Sentence |
| None |
Docket Report
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This docket was last retrieved on February 5, 2016. A more recent docket listing may be available from PACER.
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Filing 11
FINAL JUDGMENT that the motion to vacate or correct sentence is granted and the Movant shall be re-sentenced. All motions by either party not previously ruled on are denied. Signed by Judge Michael H. Schneider on 2/4/16. (mjc, )
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Filing 10
MEMORANDUM ADOPTING REPORT AND RECOMMENDATION AND ENTERING FINAL JUDGMENT for #8 Report and Recommendations. Movant's motion to vacate or correct sentence, and the Government's motion for re-sentencing #7 are granted. The Court shall re-sentence Yusuf under the proper guidelines at the earliest available opportunity. Signed by Judge Michael H. Schneider on 2/4/16. (mjc, )
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Filing 9
ACKNOWLEDGMENT OF RECEIPT by Vivian Yusuf on 10/24/2015 re #8 Report and Recommendation. (bjc, )
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Filing 8
REPORT AND RECOMMENDATION recommending that the #1 Motion to Vacate/Set Aside/Correct Sentence be granted and that she be re-sentenced without application of USSG 2B1.1(b)(2)(C). The Court does not hold, and this recommendation does not imply, that counsel was ineffective, but that Yusuf was improperly sentenced under an amendment which did not properly apply to her case. Signed by Magistrate Judge John D. Love on 10/16/2015. (bjc, )
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Filing 7
MOTION for Resentencing by USA. (Attachments: #1 Text of Proposed Order)(Kummerfeld, Nathaniel)
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Filing 6
ORDER granting #5 Motion for Extension of Time to Answer. Ordered that the Government shall have until 10/16/2015, in which to answer or otherwise plead to the Movant's motion to vacate or correct sentence. Signed by Magistrate Judge John D. Love on 8/17/2015. (bjc, )
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Filing 5
MOTION for Extension of Time to File Answer by USA. (Attachments: #1 Text of Proposed Order)(Kummerfeld, Nathaniel)
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Filing 4
ACKNOWLEDGMENT OF RECEIPT by USA on 6/18/2015 as to #3 Order to Show Cause. (mjc, )
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Set Deadlines/Hearings: Show Cause Response due by 8/17/2015. (mjc, )
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Filing 3
ORDER TO SHOW CAUSE. Ordered that the United States Attorney shall have 60 days in which to answer the movant's motion or otherwise plead as appropriate.. Signed by Magistrate Judge John D. Love on 6/17/2015. (bjc, )
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Filing 2
CASE REFERRED to Magistrate Judge John D. Love. (mjc, )
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Filing 1
MOTION to Vacate, Set Aside or Correct Sentence (2255), filed by Vivian Yusuf.(mjc, )
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| Petitioner: Vivian Yusuf | |
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| Respondent: USA | |
| Represented By: | Nathaniel Christopher Kummerfeld |
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