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- gand;;1:16-cr-00413_de108 RegisterActionDate "2019-08-14" @default.
- gand;;1:16-cr-00413_de108 RegisterActionDescriptionText "ORDER AND FINAL REPORT AND RECOMMENDATION as to A941CD3. IT IS RECOMMENDED that the § 2255 motion 48 be GRANTED, but only to the degree that Movant seeks an out-of-time appeal, and that Movant's § 2255 motion otherwise be DISMISSED without prejudice. Pursuant to Phillips, IT IS RECOMMENDED: (1) that the criminal judgment in this action be VACATED; (2) that the sentence be REIMPOSED with appropriate credit for time already served and sums of the special assessment that may already have been paid; and (3) that Movant be ADVISED: (a) that he has the right to an appeal; (b) that, if he is unable to pay the cost of an appeal, he may apply for in forma pauperis status to pursue the appeal; (c) that, if he so requests, the Clerk of this Court will prepare and file a notice of appeal on his behalf; (d) that, if he is unable to afford counsel for the appeal, an attorney will be appointed for him; and (e) that, with few exceptions, any notice of appeal must be filed within fourteen days of the entry of this order. The Clerk is DIRECTED to withdraw the reference to the Magistrate Judge. Signed by Magistrate Judge Janet F. King on 8/14/19. (bnp) (Entered: 08/15/2019)" @default.
- gand;;1:16-cr-00413_de108 AdministrativeID "82" @default.
- gand;;1:16-cr-00413_de108 OntologyLabel order @default.
- gand;;1:16-cr-00413_de108 hasReferenceToOtherEntry gand;;1:16-cr-00413_de60 @default.