Garcia v. USA

Utah District Court
Judge:Clark Waddoups
Case #: 2:17-cv-00722
Nature of Suit510 Prisoner Petitions - Motions to Vacate Sentence
Cause28:2255 Motion to Vacate Sentence
Case Filed:Jun 30, 2017
Terminated:Dec 18, 2017

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Docket last updated: 12 hours ago
Tuesday, March 06, 2018
17 17 order Order Tue 03/06 4:14 PM
DOCKET TEXT ORDER No attached document. At the defendant's re-sentencing hearing in 2:13-cr-829 on March 6, 2018, the court confirmed on the record that defendant waives all other 2255 claims in this matter. The court hereby denies all other grounds for relief. Signed by Judge Clark Waddoups on 3/6/2018. (tcs)
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Thursday, March 01, 2018
16 16 2 pgs respoth Memorandum (NOT to motion) Thu 03/01 11:14 AM
MEMORANDUM filed by USA. (Travis, Veda)
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Wednesday, January 10, 2018
14 14 misc Transcript Wed 01/10 11:34 AM
**RESTRICTED DOCUMENT** NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Evidentiary Hearing held on December 14, 2017 before Judge Clark Waddoups. Court Reporter/Transcriber Laura W. Robinson, RPR, FCRR, CSR, CP, Telephone number (801)328-4800. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. To redact additional information a Motion to Redact must be filed. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/31/2018. Redacted Transcript Deadline set for 2/12/2018. Release of Transcript Restriction set for 4/10/2018. (jmr)
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Monday, December 18, 2017
13 13 order Judgment Mon 12/18 2:34 PM
JUDGMENT: It is ordered that judgment be entered in favor of Movant, on grounds that the United States identified in its Motion to Vacate the sentence pursuant to 28 USC 2255. Signed by Judge Clark Waddoups on 12/18/2017. (kpf)
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12 12 1 pgs order Order on Motion to Vacate Mon 12/18 12:59 PM
ORDER granting 11 Motion to Vacate. The court will close this collateral action and set the underlying criminal case for appointment of counsel and resentencing. Based on this order, the court DENIES MR. Garcia's Motion to Vacate as Moot. Signed by Judge Clark Waddoups on 12/18/2017. (kpf)
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11 11 motion Vacate Mon 12/18 11:05 AM
MOTION to Vacate Set Aside or Correct Sentence filed by Respondent USA. (Travis, Veda)
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Thursday, December 14, 2017
10 10 minutes Evidentiary Hearing Thu 12/14 5:04 PM
Minute Entry for proceedings held before Judge Clark Waddoups: Evidentiary Hearing held on 12/14/2017. Mr. Garcia was present in custody and represented himself. Mr. Garcia called Michael Langford. Mr. Langford was sworn and testified. Mr. Garcia was sworn and testified. Upon completion of the transcript, it will be sent to Mr. Garcia. From the date of receipt, Mr. Garcia shall have 30 days to file his brief. The government shall have 30 days from receipt of Mr. Garcia's brief to file a response, after which Mr. Garcia can file a reply within 14 days. The court will then take the matter under submission and issue a decision. Attorney for Plaintiff: Veda M. Travis, Attorney for Defendant: None. Court Reporter: Laura Robinson.(tcs)
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Tuesday, September 05, 2017
9 9 notice Notice of Hearing Tue 09/05 10:22 AM
AMENDED NOTICE OF HEARING : (Notice generated by MAN) Evidentiary Hearing on Motion to Vacate reset for 12/14/2017 at 03:00 PM in Rm 8.100 before Judge Clark Waddoups. (man)
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Tuesday, August 29, 2017
8 8 order Order Tue 08/29 12:06 PM
DOCKET TEXT ORDER: The court requests that the United States Attorneys Office provide an ASR Form to the United States Marshals Service within 14 days of this order. No attached document. Signed by Judge Clark Waddoups on 8/29/17. (man)
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7 7 notice Notice of Hearing Tue 08/29 12:02 PM
NOTICE OF HEARING : (Notice generated by MAN) Evidentiary Hearing on Motion to Vacate set for 12/5/2017 at 03:00 PM in Rm 8.100 before Judge Clark Waddoups. (man)
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Wednesday, August 23, 2017
6 6 respoth Response (NOT to motion) Fri 08/25 8:37 AM
RESPONSE to Motion for Evidentiary hearing re4 Response filed by Adrian Garcia. (kpf)
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Monday, August 14, 2017
5 5 order Order Mon 08/14 10:01 AM
ORDER FOR PETITIONER TO RESPOND: In light of the government's response, the court ORDERS Mr. Garcia to inform the court By September 15, 2017 of his position on whether the court should hold an evidentiary hearing or, in the alternative, order Attorney Langford to submit declarations addressing the allegations in the Motion. Signed by Judge Clark Waddoups on 08/11/2017. (kpf)
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Thursday, August 10, 2017
4 4 respoth Response (NOT to motion) Thu 08/10 1:42 PM
RESPONSE re1 Motion to Vacate/Set Aside/Correct Sentence (2255),, filed by USA. (Travis, Veda)
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Monday, July 31, 2017
3 3 order Order Mon 07/31 4:52 PM
DOCKET TEXT ORDER: The court ORDERS the government to respond to Petitioner's 1 Motion to Vacate on or before August 14, 2017. No attached document. Signed by Judge Clark Waddoups on 7/31/2017. (man)
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Friday, June 30, 2017
2 2 respoth Memorandum (NOT to motion) Fri 06/30 9:34 AM
MEMORANDUM IN SUPPORT re1 Motion to Vacate/Set Aside/Correct Sentence (2255) filed by Adrian Garcia. (tlh)
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1 1 mot2255 Motion to Vacate/Set Aside/Correct Sentence (2255) Fri 06/30 9:32 AM
MOTION to Vacate, Set Aside or Correct Sentence (2255). Related case: 2:13cr00829CW. No filing fee required. AUSA added to the case: Yes. filed by Adrian Garcia. Assigned to Judge Clark Waddoups (tlh) (tlh)
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Att: 1 (6/30/2017) Envelope