Hutcheson v. USA

Idaho District Court
Judge:Wm Fremming Nielsen
Case #: 1:16-cv-00442
Nature of Suit510 Prisoner Petitions - Motions to Vacate Sentence
Cause28:2255 Petition for Writ of Habeas Corpus (Federal)
Case Filed:Oct 03, 2016
Terminated:Apr 26, 2018

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Docket last updated: 04/24/2024 11:59 PM MDT
Thursday, November 21, 2019
49 49 appeal USCA Mandate Mon 11/25 9:50 AM
MANDATE of USCA as to38 Notice of Appeal, filed by Matthew D Hutcheson. (ckh)
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Wednesday, November 13, 2019
48 48 appeal USCA Order Thu 11/14 10:09 AM
ORDER of USCA 18-35436 as to38 Notice of Appeal, filed by Matthew D Hutcheson. Hutcheson's petition for panel rehearing and petition for rehearing en banc (Docket Entry No. 44) are denied. (ckh)
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Wednesday, July 17, 2019
47 47 appeal USCA Memorandum Tue 07/23 10:15 AM
MEMORANDUM of USCA 18-35436 as to37 Notice of Appeal filed by Matthew D Hutcheson. AFFIRMED.(jd)
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Att: 1 USCA information
Thursday, January 31, 2019
46 46 appeal USCA Order Mon 02/04 12:20 PM
ORDER of USCA as to37 Notice of Appeal filed by Matthew D Hutcheson,38 Notice of Appeal, filed by Matthew D Hutcheson (cjs)
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Wednesday, January 09, 2019
45 45 appeal USCA Order Tue 01/22 10:07 AM
ORDER of USCA as to37 Notice of Appeal filed by Matthew D Hutcheson,38 Notice of Appeal, filed by Matthew D Hutcheson (cjs)
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Friday, September 21, 2018
44 44 appeal USCA Order Wed 09/26 1:35 PM
ORDER of USCA as to37 Notice of Appeal filed by Matthew D Hutcheson,38 Notice of Appeal, filed by Matthew D Hutcheson. Appellant's renewed motion to proceed in forma pauperis, as supplemented by appellants response, is granted. The opening brief and excerpts of record are due 10/26/2018; the answering brief is due 11/26/2018; and the optional reply brief is due within 21 days after service of the answering brief. (cjs)
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Tuesday, August 28, 2018
43 43 appeal USCA Order Tue 08/28 9:37 AM
ORDER of USCA as to37 Notice of Appeal filed by Matthew D Hutcheson,38 Notice of Appeal, filed by Matthew D Hutcheson. The district court has granted a certificate of appealability in this case. Accordingly, this appeal proceeds.The motion to proceed in forma pauperis is denied without prejudice to renewal within 21 days after the date of this order... The opening brief and excerpts of record are due 10/26/2018; the answering brief is due 11/26/2018; and the optional reply brief is due within 21 days after service of the answering brief. (cjs)
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Tuesday, June 19, 2018
42 42 order Certificate of Appealability Tue 06/19 2:41 PM
ORDER CLARIFYING CERTIFICATE OF APPEALABILITY re37 Notice of Appeal,38 Amended Notice of Appeal (Notice sent to 9th Cir). Signed by Senior Judge Wm. Fremming Nielsen. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjs)
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Wednesday, June 13, 2018
41 41 appeal USCA Order Wed 06/13 3:07 PM
ORDER of USCA as to37 Notice of Appeal filed by Matthew D Hutcheson,38 Notice of Appeal, filed by Matthew D Hutcheson. This case is remanded to the district court for the limited purpose of issuing a modified certificate of appealability at the courts earliest convenience. In the modified certificate of appealability, the court should specify which issue or issues meet the required showing. (cjs)
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Wednesday, May 23, 2018
40 40 appeal USCA Scheduling Order Tue 06/05 9:07 AM
USCA Scheduling Order as to37 Notice of Appeal filed by Matthew D Hutcheson,38 Notice of Appeal, filed by Matthew D Hutcheson. (Notice sent by e-mail to Court Reporter) (cjs)
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39 39 appeal USCA Case Number Tue 06/05 9:07 AM
USCA Case Number 18-35436 for37 Notice of Appeal filed by Matthew D Hutcheson,38 Notice of Appeal, filed by Matthew D Hutcheson. (cjs)
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38 38 appeal Notice of Appeal Wed 05/23 11:46 AM
AMENDED (Errata to correct caption) NOTICE OF APPEAL as to36 Order, by Matthew D Hutcheson. (Notice sent to Court Reporter & 9th Cir)(cjs)(Order Dkt. 36 mailed for second time to Petitioner on 5/22/2018.)
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Att: 1 Cover Letter
Tuesday, May 22, 2018
37 37 appeal Notice of Appeal Tue 05/22 1:38 PM
NOTICE OF APPEAL as to36 Order, by Matthew D Hutcheson. (Notice sent to Court Reporter & 9th Cir) (cjs)(Includes request for copy of Order Dkt. 36.)
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service Certificate of Service Tue 05/22 1:40 PM
CERTIFICATE OF SERVICE by Clerk of Court of second mailing of36 ORDER DENYING § 2255 MOTION to Petitioner at FCI Littleton, CO address pursuant to the request included in the Notice of Appeal Dkt. 37. (cjs)
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Thursday, April 26, 2018
36 36 14 pgs order Order Dismissing Case Thu 04/26 9:09 AM
ORDER DENYING § 2255 MOTION - IT IS ORDERED that Movant's Motion to Vacate, Set Aside or Correct Sentence by a Person in Federal Custody Pursuant to 28 U.S.C. § 2255, filed October 16, 2016, DKT. No. 1 , is DENIED . The Clerk of Court is directed to: File this Order; Provide copies to counsel and pro se Movant; Inform the Ninth Circuit Court of Appeals that if the Movant files a Notice of Appeal, that a certificate of appealability is GRANTED; AND; CLOSE the file. Signed by Senior Judge Wm. Fremming Nielsen. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjs)
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Thursday, January 11, 2018
35 35 misc Reply (generic) Thu 01/11 12:59 PM
REPLY re1 Motion to Vacate/Set Aside/Correct Sentence (2255), filed by USA . (Patricco, Raymond)
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Thursday, January 04, 2018
34 34 misc Supplement Mon 01/08 10:37 AM
SUPPLEMENT of Exhibits 1 thru 54 by Petitioner Matthew D Hutcheson re33 Reply. Main Document is Exhibit 1 thru 5,(cjs)(Exhibits previously lodged due to volume but the government was not provided with a service copy so it was scanned into ECF in lieu of making just a copy.)
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Att: 1 Exhibit 6 thru 7,
Att: 2 Exhibit 8 part 1 of 3,
Att: 3 Exhibit 8 part 2 of 3,
Att: 4 Exhibit 8 part 3 of 3,
Att: 5 Exhibit 9 thru 13,
Att: 6 Exhibit 14 thru 18,
Att: 7 Exhibit 19 part 1 of 2,
Att: 8 Exhibit 19 part 2 of 2,
Att: 9 Exhibit 20,
Att: 10 Exhibit 21 thru 22,
Att: 11 Exhibit 23 thru 25,
Att: 12 Exhibit 26,
Att: 13 Exhibit 27 thru 29,
Att: 14 Exhibit 30,
Att: 15 Exhibit 31,
Att: 16 Exhibit 32,
Att: 17 Exhibit 33,
Att: 18 Exhibit 34,
Att: 19 Exhibit 35,
Att: 20 Exhibit 36 part 1 of 2,
Att: 21 Exhibit 36 part 2 of 2,
Att: 22 Exhibit 37 thru 40,
Att: 23 Exhibit 41 thru 45,
Att: 24 Exhibit 46 part 1 of 2,
Att: 25 Exhibit 46 part 2 of 2,
Att: 26 Exhibit 47,
Att: 27 Exhibit 48,
Att: 28 Exhibit 49,
Att: 29 Exhibit 50 thru 54
33 33 misc Reply (generic) Thu 01/04 1:53 PM
Petitioner's REPLY to the Government's Opposition on Petitioner's Motion Under 28 U.S.C. § 2255 to vacate, Set Aside, or Correct Sentence by a Person in Federal Custody re5 Response,1 Motion to Vacate/Set Aside/Correct Sentence (2255), filed by Matthew D Hutcheson.(cjs)(Exhibits 1 thru 31 in Expando folder 1; Exhibits 32 thru 54 in Expando folder 2 lodged on shelf in Clerk's Office as too voluminous to scan.)
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Att: 1 Declaration of Matthew D Hutcheson in Support,
Att: 2 Notice of Lodgment in Support
Monday, December 11, 2017
32 32 1 pgs order Order on Motion for Leave to File Excess Pages Mon 12/11 4:01 PM
ORDER granting31 Motion for Leave to File Excess Pages. If Mr. Hutcheson's reply raises issues not addressed in the original Motion, the Government may file a sur-reply no later than 30 days after the Reply is filed. Following filing of the sur-reply, if any, briefing will be complete. No further briefing will be entertained regarding the § 2255 Motion. Signed by Senior Judge Wm. Fremming Nielsen. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjs)
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Monday, December 04, 2017
31 31 motion File Excess Pages Tue 12/05 2:48 PM
REQUEST to File Oversized Reply Brief by Petitioner Matthew D Hutcheson. Responses due by 12/26/2017.(cjs)
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Att: 1 Attachment 1
Friday, August 04, 2017
30 30 notice Notice of Change of Address Fri 08/04 2:35 PM
NOTICE of Change of Address by Matthew D Hutcheson (cjs)
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Thursday, July 27, 2017
29 29 order Order on Motion for Extension of Time to File Thu 07/27 1:03 PM
ORDER - IT IS ORDERED that: 1. Mr. Hutcheson's Request for Additional Extension to Reply to Government's Answer to Petitioner's § 2255 Motion, filed 7/24/2017, Dkt. No.28 , is GRANTED. 2. Mr. Hutcheson's reply shall be filed and served no later than 12/31/2017. This is a lengthy extension that should provide Mr. Hutcheson adequate time to reply. If Mr. Hutcheson files the reply prior to the deadline, the Court will consider the Motion prior to the reply deadline. Signed by Senior Judge Wm. Fremming Nielsen. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjs)
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Monday, July 24, 2017
28 28 motion Extension of Time to File Tue 07/25 10:05 AM
Petitioner's REQUEST for Additional Extension to Reply to Government's Answer to Petitioner's §2255 Motion Due to Extenuating Reasons by Petitioner Matthew D Hutcheson. Responses due by 8/14/2017. (cjs)
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Tuesday, April 25, 2017
27 27 appeal USCA Mandate Tue 04/25 5:04 PM
MANDATE of USCA as to14 Notice of Appeal filed by Matthew D Hutcheson (jp)
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Wednesday, April 12, 2017
26 26 order Order on Motion for Extension of Time to File Order on Motion to Seal Order on Ex Parte Motion Wed 04/12 1:20 PM
ORDER granting20 Request for Additional Extension to Reply to Government's Answer to Petitioner's §2255 Motion; denying as moot21 Motion to Seal; denying 22 Ex Parte Application for Order Allowing Limited Discovery on Material Issues Related to Defendant's 2255 Motion, Government's Answer, and Defendant's Reply. Signed by Senior Judge Wm. Fremming Nielsen. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjs)(A copy of Docket 12 in related criminal case 1:12-cr-00093-WFN mailed to Petitioner with this Order by cjs).
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25 25 motion Extension of Time to File Wed 04/12 12:37 PM
Petitioner's REQUEST for Additional Extension to Reply to6 Government's Answer to Petitioner's § 2255 Motion1 re Requests20 ,23 by Petitioner Matthew D Hutcheson. Responses due by 5/3/2017. (cjs)
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Monday, April 10, 2017
24 24 respm Response to Motion Mon 04/10 8:22 AM
RESPONSE to Motion re20 MOTION for Extension of Time to File,23 MOTION for Extension of Time to File Notice of Non-Objection filed by USA. Replies due by 4/24/2017.(Patricco, Raymond)
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Wednesday, April 05, 2017
23 23 motion Extension of Time to File Wed 04/05 11:04 AM
Petitioner's MOTION for Additional Extension to Reply to Government's Answer5 to Petitioner's § 2255 Motion1 re20 Motion, by Petitioner Matthew D Hutcheson. Responses due by 4/26/2017. (cjs)
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Monday, April 03, 2017
21 21 motion Seal Tue 04/04 4:37 PM
MOTION to Seal by Petitioner Matthew D Hutcheson. Responses due by 4/24/2017.(cjs)
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Att: 1 Memorandum in Support,
Att: 2 proposed order
Wednesday, March 22, 2017
20 20 motion Extension of Time to File Thu 03/23 2:01 PM
Petitioner's REQUEST for Additional Extension to Reply to Government's Answer to Petitioner's § 2255 Motion by Petitioner Matthew D Hutcheson. Responses due by 4/12/2017. (cjs)
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Friday, March 03, 2017
19 19 appeal USCA Order Mon 03/06 9:15 AM
ORDER of USCA as to14 Notice of Appeal filed by Matthew D Hutcheson. Thisappeal is DISMISSED for lack of jurisdiction. (cjs)
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Wednesday, February 01, 2017
18 18 order Order on Motion for Extension of Time to File Wed 02/01 1:42 PM
ORDER EXTENDING TIME granting13 Request for Extension to Reply to Government's Answer. Defendant's reply shall be filed and served not later than 3/31/2017. If Defendant raises new issues, the Government may respond no later thanfourteen days after Defendant's reply is filed. Signed by Senior Judge Wm. Fremming Nielsen. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjs)
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Tuesday, January 31, 2017
17 17 misc Supplement Tue 01/31 11:19 AM
SUPPLEMENT To Petitioner's13 REQUEST for Extension to Reply to Government's Answer by Petitioner Matthew D Hutcheson. (cjs)
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Monday, January 30, 2017
16 16 order Order Mon 01/30 1:16 PM
ORDER ON CERTIFICATE OF APPEALABILITY FOR PETITION FOR BAIL re15 USCA Case Number re14 Notice of Appeal. IT IS ORDERED that a certificate of appealability shall NOT ISSUE. Signed by Senior Judge Wm. Fremming Nielsen. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjs)(Mailed to Petitioner and emailed to Clerk for the U.S. Court of Appeals for the Ninth Circuit.)
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Friday, January 27, 2017
15 15 appeal USCA Case Number Mon 01/30 1:14 PM
USCA Case Number 17-35081 for14 Notice of Appeal filed by Matthew D Hutcheson. A briefing schedule will not be set until the district court and, if necessary, this court determine whether a certificate of appealability should issue. (cjs)(Duplicate document from Dkt 12 but re-filed correctly as appeal document.)
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13 13 motion Extension of Time to File Mon 01/30 11:32 AM
Petitioner's REQUEST for Extension to Reply to Government's Answer by Petitioner Matthew D Hutcheson. Responses due by 2/21/2017. (cjs)
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12 12 notice Notice (Other) Mon 01/30 10:23 AM
ORDER of USCA assigning case number 17-35081 A briefing schedule will not be set until the district court and, if necessary, this court determine whether a certificate of appealability should issue. (cjs)(A notice of appeal has not been filed here in the District Court.)
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Friday, January 20, 2017
14 14 appeal Notice of Appeal Mon 01/30 1:12 PM
NOTICE OF APPEAL by Matthew D Hutcheson. (Notice sent to Court Reporter & 9th Cir). (cjs)(District Court initially filed in related criminal case 1:12-cr-00093-WFN. 9CCA construed it filed in this civil case.)
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Tuesday, January 17, 2017
11 11 misc Return Mail Tue 01/17 4:56 PM
RETURN MAIL undelivered as to Matthew D Hutcheson at FCI, Safford, AZ re:9 Order. Clerk has already re-mailed this Order to Petitioner's updated address pursuant to Docket10 . (cjs)
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Wednesday, January 04, 2017
10 10 notice Notice of Change of Address Thu 01/05 3:04 PM
REQUEST for Recent Ruling to 2nd Bail Motion and Address Change by Matthew D Hutcheson. (Updated address and re-mailed Order Dkt.9 to Petitioner.) (cjs)
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Tuesday, January 03, 2017
9 9 order Order ~Util - Terminate Motions ~Util - Set Deadlines/Hearings Tue 01/03 11:35 AM
ORDER EXTENDING TIME - IT IS ORDERED that: 1. Defendant's Requests for Extension..., filed December 15 and 22, 2016, Dkt. Nos.7 and8 , are GRANTED. 2. Defendant's reply shall be filed and served not later than 1/31/2017 (Case Management deadline set for 1/31/2017). 3. If Defendant raises new issues, the Government may respond no later than 2/15/2017. Signed by Senior Judge Wm. Fremming Nielsen. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjs)
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Thursday, December 22, 2016
8 8 motion Extension of Time to File Fri 12/23 12:23 PM
Petitioner's REQUEST for Extension to reply to Government's Answer and Notice of Receipt of Government's Answer to Petitioner's § 2255 Motion by Petitioner Matthew D Hutcheson. Responses due by 1/17/2017. (cjs)
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Wednesday, December 14, 2016
7 7 motion Extension of Time to File Fri 12/16 4:48 PM
Petitioner's REQUEST for Extension to Reply to Government's Answer and NOTICE of Failure to Receive Government's Answer to Petitioner's § 2255 Motion by Petitioner Matthew D Hutcheson. Responses due by 1/9/2017. (cjs)
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Thursday, December 01, 2016
6 6 misc Amended Document (NOT Motion) Thu 12/01 4:46 PM
AMENDED DOCUMENT by USA. Amendment to5 Response(generic), .(Patricco, Raymond)
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Att: 1 Attachment A,
Att: 2 Attachment B,
Att: 3 Attachment C,
Att: 4 Attachment D,
Att: 5 Attachment E,
Att: 6 Attachment F,
Att: 7 Attachment G,
Att: 8 Attachment H,
Att: 9 Attachment I,
Att: 10 Attachment J
5 5 misc Response (generic) Thu 12/01 2:57 PM
RESPONSE re1 Motion to Vacate/Set Aside/Correct Sentence (2255), filed by USA .(Patricco, Raymond)
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Att: 1 Attachment A,
Att: 2 Attachment B,
Att: 3 Attachment C,
Att: 4 Attachment D,
Att: 5 Attachment E,
Att: 6 Attachment F,
Att: 7 Attachment G,
Att: 8 Attachment H,
Att: 9 Attachment I,
Att: 10 Attachment J
Wednesday, October 26, 2016
4 4 order Order ~Util - Terminate Motions ~Util - Set Deadlines/Hearings Wed 10/26 10:18 AM
ORDER SETTING AMENDED BRIEFING SCHEDULE granting3 MOTION Waiver Attorney-Client Privilege and Extension of Time. The United States shall file a written response to the Petitioners Motion1 within 60 days from the date of this scheduling order. The Petitioner shall have 30 days thereafter to file any reply brief. Signed by Senior Judge Wm. Fremming Nielsen. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjs)
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Thursday, October 20, 2016
3 3 motion Miscellaneous Relief Thu 10/20 2:42 PM
MOTION Waiver Attorney-Client Privilege and Extension of Time re1 Motion to Vacate/Set Aside/Correct Sentence (2255), Raymond E Patricco appearing for Respondent USA. Responses due by 11/14/2016 (Patricco, Raymond)
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Thursday, October 06, 2016
2 2 notice Notice of Filing Motion 2255 Thu 10/06 2:16 PM
NOTICE OF FILING AND ORDER SETTING BRIEFING SCHEDULE re MOTION PURSUANT TO 28 USC 2255. Reference Criminal Case Number 1:12-cr-00093-WFN-1. Signed by Senior United States District Judge Wm. Fremming Nielsen. (cjs)
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Monday, October 03, 2016
1 1 mot2255 Motion to Vacate/Set Aside/Correct Sentence (2255) Mon 10/03 2:30 PM
MOTION to Vacate, Set Aside or Correct Sentence (2255) ( Criminal Action 1:12-cr-00093-WFN.), filed by Matthew D Hutcheson.(cjs)
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Att: 1 Attachment 1,
Att: 2 Attachment 2,
Att: 3 Attachment 3,
Att: 4 Attachment 4,
Att: 5 Attachment 5,
Att: 6 Attachment 6,
Att: 7 Exhibit A,
Att: 8 Exhibit B,
Att: 9 Exhibit C,
Att: 10 Exhibit D,
Att: 11 Exhibit E,
Att: 12 Exhibit F,
Att: 13 Memorandum of Points and Authorities in Support of Motion