Scott v. Scribd, Inc

Filing 289

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Scott v. Scribd, Inc Doc. 289 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS Houston DIVISION USA v. Castro CASE NUMBER: 4:00-cv-r-30-01 District Judge: Melinda Harmon Court Reporter(s): NOTICE OF THE FILING OF AN APPEAL In connection with this appeal, instrument # 319, filed by Jorge Eliecer Castro, a copy of the notice of appeal, the order being appealed and the docket sheet are attached. In regard to this appeal: The Court of Appeal $455.00 filing and docketing fees have not been paid, the appellant is a pro se litigant and a notice regarding a motion to proceed in forma pauperis was entered and a response is due. The Clerk of Court will submit to the Fifth Circuit Court of Appeals a Certificate of Non-Compliance if the appellant fails to pay the filing fee (or submit an application to proceed in forma pauperis). Michael N. Milby, Clerk Dockets.Justia.com IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS Houston DIVISION USA v. Castro CASE NUMBER: 4:00-cv-r-30-01 District Judge: Melinda Harmon Court Reporter(s): FILING FEE INSTRUCTIONS TO APPELLANT A filing fee of $455.00 is required to proceed on appeal. The Clerk will file the notice of appeal without prepayment of the filing fee. However, for this appeal to proceed, the appellant must submit either: (1) the filing fee of $455.00; or (2) a completed application to proceed in forma pauperis. The appellant is instructed to comply as directed within thirty (30) days of the date of this notice. Failure to comply with this notice may result in your appeal being dismissed. IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS Houston DIVISION USA v. Castro CASE NUMBER: 4:00-cv-r-30-01 District Judge: Melinda Harmon Court Reporter(s): n/a NOTICE OF THE FILING OF AN APPEAL In connection with this appeal, instrument # 319, filed by Jorge Eliecer Castro, a copy of the notice of appeal, the order being appealed and the docket sheet are attached. In regard to this appeal: The Court of Appeal $455.00 filing and docketing fees have not been paid, the appellant is a pro se litigant and a notice regarding a motion to proceed in forma pauperis was entered and a response is due. The Clerk of Court will submit to the Fifth Circuit Court of Appeals a Certificate of Non-Compliance if the appellant fails to pay the filing fee (or submit an application to proceed in forma pauperis). Michael N. Milby, Clerk OAO 240 (Rev. 10/03) UNITED STATES DISTRICT COURT District of Plaintiff V. APPLICATION TO PROCEED WITHOUT PREPAYMENT OF FEES AND AFFIDAVIT CASE NUMBER: Defendant I, declare that I am the (check appropriate box) G petitioner/plaintiff/movant G other in the above-entitled proceeding; that in support of my request to proceed without prepayment of fees or costs under 28 USC 1915 I declare that I am unable to pay the costs of these proceedings and that I am entitled to the relief sought in the complaint/petition/motion. In support of this application, I answer the following questions under penalty of perjury: 1. Are you currently incarcerated? Are you employed at the institution? G Yes G No (If "No," go to Part 2) If "Yes," state the place of your incarceration Do you receive any payment from the institution? Yes or No Yes or No Attach a ledger sheet from the institution(s) of your incarceration showing at least the past six months' transactions. 2. Are you currently employed? a. G Yes G No If the answer is "Yes," state the amount of your take-home salary or wages and pay period and give the name and address of your employer. If the answer is "No," state the date of your last employment, the amount of your take-home salary or wages and pay period and the name and address of your last employer. b. 3. In the past 12 twelve months have you received any money from any of the following sources? a. b. c. d. e. f. Business, profession or other self-employment Rent payments, interest or dividends Pensions, annuities or life insurance payments Disability or workers compensation payments Gifts or inheritances Any other sources G Yes G Yes G Yes G Yes G Yes G Yes G No G No G No G No G No G No If the answer to any of the above is "Yes," describe, on the following page, each source of money and state the amount received and what you expect you will continue to receive. AO 240 Reverse (Rev. 10/03) 4. Do you have any cash or checking or savings accounts? If "Yes," state the total amount. G Yes G No 5. Do you own any real estate, stocks, bonds, securities, other financial instruments, automobiles or any other thing of value? G Yes G No If "Yes," describe the property and state its value. 6. List the persons who are dependent on you for support, state your relationship to each person and indicate how much you contribute to their support. I declare under penalty of perjury that the above information is true and correct. FormatDate m/d/yyyy Signature of Applicant NOTICE TO PRISONER: A Prisoner seeking to proceed without prepayment of fees shall submit an affidavit stating all assets. In addition, a prisoner must attach a statement certified by the appropriate institutional officer showing all receipts, expenditures, and balances during the last six months in your institutional accounts. If you have multiple accounts, perhaps because you have been in multiple institutions, attach one certified statement of each account. Print Save As... Export as FDF Retrieve iFDF File Pr nt Reset IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION UNITED STATES OF AMERICA, Plaintiff-Respondent v. JORGE ELIECER CASTRO, Defendant-Petitioner } } } } } } } CRIMINAL ACTION NO. H-00-30-1 CIVIL ACTION NO. H-03-890 ORDER DISMISSING ACTION After careful and independent consideration of the record in this case, the Court ORDERS that Petitioner Jorge Eliecer Castro's Motion to Vacate, Set Aside or Correct Sentence filed pursuant to 28 U.S.C. 2255 is DENIED and his action is DISMISSED WITH PREJUDICE. SIGNED at Houston, Texas, this 20th of October, 2005. ______________________________________ MELINDA HARMON UNITED STATES DISTRICT JUDGE IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION UNITED STATES OF AMERICA, Plaintiff-Respondent v. JORGE ELIECER CASTRO, Defendant-Petitioner } } } } } } } CRIMINAL ACTION NO. H-00-30-1 CIVIL ACTION NO. H-03-890 MEMORANDUM AND ORDER Presently before the Court are Petitioner Jorge Eliecer Castro's Motion to Vacate, Set Aside or Correct Sentence filed pursuant to 28 U.S.C. 2255 (Doc. 270), the United States' Answer and Motion to Dismiss (Doc. 273), Petitioner's Traverse to the United States' Answer and Motion to Dismiss (Doc. 274), Petitioner's Motion Seeking Permission to Supplement Pending 2255 Motion to Vacate (Doc. 280), the United States' Response to Petitioner's Motion Seeking Permission to Supplement His Pending Motion to Vacate Sentence under 28 U.S.C. 2255 (Doc. 283), Petitioner's Reply to the Response (Doc. 284), and the Magistrate Judge's Memorandum and Recommendation Denying Movant's 2255 Motion to Vacate, Set Aside, or Correct Sentence and Motion to Supplement 2255 Motion and Granting the United States's Motion to Dismiss (Doc. 285). In his Motion to Supplement Petition, petitioner requests that he be allowed to argue through his 2255 motion that the holding in Blakely v. Washington, 542 U.S. 296 (2004) precludes any enhancement of his sentence. (Doc. 283). Although the holding of Blakely was not expressly made applicable to the federal Sentencing Guidelines, a majority of the Supreme Court in United States v. Booker extended to the federal Sentencing Guidelines the rule announced in Apprendi v. New Jersey, 530 U.S. 466 (2000) and Blakely v. Washington, 542 U.S. 296 (2004): "that pursuant to the Sixth Amendment, any fact, other than the fact of a prior conviction, `which is necessary to support a sentence exceeding the maximum authorized by the facts established by a plea of guilty or a jury verdict must be admitted by the defendant or proved to a jury beyond a reasonable doubt.'" See In re Elwood, 408 F.3d 211, 212 (5th Cir. Apr. 28, 2005) (quoting United States v. Booker, __ U.S. __, 125 S. Ct. 738, 756 (2005)). However, the Supreme Court in Booker expressly stated that its holdings in the case were applicable only to "all cases on direct review." Booker, 125 S.Ct. at 769. Petitioner seeks this relief through collateral review. Therefore, neither Blakely nor Booker can be applied retroactively to defendant's sentence and conviction. See In re Elwood, 408 F.3d 211. Accordingly, the Court ORDERS that Petitioner's Motion Seeking Permission to Supplement Pending 2255 Motion to Vacate (Doc. 280) be DENIED. After carefully considering the record and the applicable law, the Court concludes that Petitioner's Motion to Vacate, Set Aside or Correct Sentence filed pursuant to 28 U.S.C. 2255 (Doc. 270) should be DENIED and the Government's Motion to Dismiss (Doc. 273) should be GRANTED. Accordingly, this action is DISMISSED WITH PREJUDICE. With the exception of the Magistrate Judge's reasoning for her recommendation that Petitioner's Motion to Supplement the Pending 2255 Motion to Vacate, the Court adopts the Magistrate Judge's Memorandum and Recommendation (Doc. 285) in full. SIGNED at Houston, Texas, this 20th day of October, 2005. ______________________________________ MELINDA HARMON UNITED STATES DISTRICT JUDGE DC CM/ECF LIVE- US District Court-Texas Southern - Docket Report Page 1 of 13 APPEAL, CLOSED, COMPLEX, MOTREF U.S. District Court SOUTHERN DISTRICT OF TEXAS (Houston) CRIMINAL DOCKET FOR CASE #: 4:00-cr-00030-1 Internal Use Only Case title: USA v. Castro, et al Date Filed: 01/19/2000 Date Terminated: 05/11/2001 Assigned to: Judge Melinda Harmon Appeals court case numbers: 0120516, A.Traylor, AnitaG.Manley, J.Sanchez Defendant Jorge Eliecer Castro (1) TERMINATED: 05/11/2001 represented by Jorge Eliecer Castro 54072-079 FCI Low PO Box 26020 Beaumont, Tx 77720 PRO SE Andrew J Williams Law Office Of Andrew J. WIlliams 1420 C Stonehollow Dr Kingwood, TX 77339 281-358-9111 Fax: 866-275-8926 Email: aw123@earthlink.net TERMINATED: 05/11/2001 LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: CJA Appointment Frank Aguilar Attorney at Law 1001 Texas Ave https://ecf-d.txs.circ5.dcn/cgi-bin/DktRpt.pl?241934093925164-L_353_0-1 9/24/2007 DC CM/ECF LIVE- US District Court-Texas Southern - Docket Report Page 2 of 13 Ste 580 Houston, TX 77002 713-222-2733 Fax: 713-222-2605 fax TERMINATED: 06/20/2000 LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: CJA Appointment Jorge Eliecer Castro #54072-079 FCC Beaumont P O Box 26020 Beaumont, TX 77720-6020 TERMINATED: 05/11/2001 ATTORNEY TO BE NOTICED Designation: Waived or Self (Pro Se) Pending Counts 21:846=CD.F Conspiracy to possess w/intent to distribute 5 kilograms or more of a mixture or substance containing cocaine and 50 grams or more of a mixture or substance containing cocaine base MAX PENALTY: Life and/or $4 million plus 5 yrs SRT (1) 21:841B=CD.F Aiding and abetting to possess w/intent to distribute 5 kilograms or more of a mixture or substance containing cocaine MAX PENALTY: Life and/or $4 million plus 5 yrs SRT (2) Highest Offense Level (Opening) Felony Disposition 240 mos impris, concurrent with Docket No. 00-10-001, cts 1-4, 5 yrs SRT, $1,000.00 fine, $100 SA Dismissed on Govt's Mtn https://ecf-d.txs.circ5.dcn/cgi-bin/DktRpt.pl?241934093925164-L_353_0-1 9/24/2007 DC CM/ECF LIVE- US District Court-Texas Southern - Docket Report Page 3 of 13 Terminated Counts None Highest Offense Level (Terminated) None Complaints None Disposition Disposition Plaintiff USA represented by James L Turner US Attorneys Office PO Box 61129 Houston, TX 77208-1129 713-567-9361 Fax: 713-718-3302 Email: jim.turner@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED Paula C Offenhauser US Attorneys Office PO Box 61129 Houston, TX 77002 713-567-9364 Fax: 713-718-3302 Email: paula.offenhauser@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED Robert Eric Reed Rhodes Vela 808 Travis Suite 1447 Houston, TX 77002 713-600-1800 x 1803 Fax: 713-600-1840 Email: ereed@rhodesvela.com https://ecf-d.txs.circ5.dcn/cgi-bin/DktRpt.pl?241934093925164-L_353_0-1 9/24/2007 DC CM/ECF LIVE- US District Court-Texas Southern - Docket Report Page 4 of 13 LEAD ATTORNEY ATTORNEY TO BE NOTICED Financial Litigation U S Attorney's Office Southern District of Texas P O Box 61129 Houston, TX 77208 713-567-9000 Fax: 713-718-3391 fax ATTORNEY TO BE NOTICED Designation: Retained US Marshal - H 515 Rusk 10th Floor Houston, TX 77002 713-718-4800 Fax: 713-718-4848 ATTORNEY TO BE NOTICED Designation: Retained US Pretrial Svcs - H 515 Rusk 6th Floor Houston, TX 77002 713-250-5218 Fax: 713-250-5666 ATTORNEY TO BE NOTICED Designation: Retained US Probation - H 515 Rusk 2nd Floor Houston, TX 77002 713-250-5266 Fax: INS_prob1 ATTORNEY TO BE NOTICED Designation: Retained Date Filed 01/19/2000 # Docket Text 3 ORDER for Issuance of Warrant as to Jorge Eliecer Castro https://ecf-d.txs.circ5.dcn/cgi-bin/DktRpt.pl?241934093925164-L_353_0-1 9/24/2007 DC CM/ECF LIVE- US District Court-Texas Southern - Docket Report Page 5 of 13 ( Signed by Magistrate Judge Mary Milloy ), entered, (pgalvan) (Entered: 02/17/2000) 01/19/2000 03/31/2000 04/27/2000 05/02/2000 WARRANT issued as to Jorge Eliecer Castro (pgalvan) (Entered: 02/17/2000) Complex case. (pgalvan) (Entered: 04/03/2000) 87 MOTION by Jorge Eliecer Castro for Frumencio Reyes, Jr to withdraw as attorney , filed. (fmremp) (Entered: 04/28/2000) 90 ORDER granting [87-1] motion for Frumencio Reyes, Jr to withdraw as attorney (Terminated as to Jorge Eliecer Castro (1) ( Signed by Judge Melinda Harmon ), entered. Parties ntfd. Deft. must retain new counsel immediatly. (fmremp) Modified on 05/03/2000 (Entered: 05/03/2000) 96 First Appearance as to Jorge Eliecer Castro held before Magistrate Judge Calvin Botley Ct Reporter: ERO Interpreter: yes (Defendant informed of rights.) filed. C Joubert f/E Reed f/Govt Deft appeared w/o cnsl. Frank Aguilar apptd. Deft REMANDED. (pgalvan) (Entered: 06/12/2000) 97 CJA 23 FINANCIAL AFFIDAVIT by Jorge Eliecer Castro , filed. (pgalvan) (Entered: 06/12/2000) 98 ORDER OF DETENTION pending hearing as to Jorge Eliecer Castro ( Signed by Magistrate Judge Calvin Botley ), entered. (pgalvan) (Entered: 06/12/2000) 99 CJA 20 as to Jorge Eliecer Castro : Appointment of Attorney Frank Aguilar Voucher # 0910193 ( Appointed by Magistrate Judge Calvin Botley ) , entered. (pgalvan) (Entered: 06/12/2000) 100 WARRANT issued 1/19/00 Returned Executed as to Jorge Eliecer Castro on 6/6/00 , filed. (pgalvan) (Entered: 06/13/2000) 101 First Appearance as to Jorge Eliecer Castro held before Magistrate Judge Calvin Botley Ct Reporter: ERO Interpreter: yes filed. E Reed f/Govt F Aguilar f/deft. Deft currently in custody in L.A. awaiting sentencing. Deft REMANDED. (pgalvan) (Entered: 06/14/2000) 102 Arraignment held before Magistrate Judge Calvin Botley Ct Reporter: ERO Interpreter: yes , filed., Plea of Not Guilty: Jorge Eliecer Castro (1) count(s) 1, 2 E Reed f/Govt F Aguilar 06/08/2000 06/08/2000 06/08/2000 06/08/2000 06/12/2000 06/13/2000 06/13/2000 https://ecf-d.txs.circ5.dcn/cgi-bin/DktRpt.pl?241934093925164-L_353_0-1 9/24/2007 DC CM/ECF LIVE- US District Court-Texas Southern - Docket Report Page 6 of 13 f/deft. Scheduling Order to be mailed. PTC: 7/7/00, Trial: 7/17/00. Deft REMANDED. (pgalvan) Modified on 06/14/2000 (Entered: 06/14/2000) 06/13/2000 105 ORDER OF DETENTION Pending Trial as to Jorge Eliecer Castro ( Signed by Magistrate Judge Calvin Botley ), entered. (fmremp) (Entered: 06/20/2000) 103 SCHEDULING ORDER setting Motion Filing deadline on 6/28/00 for Jorge Eliecer Castro ; Motion Response deadline 7/5/00 Proposed Voir Dire and Jury Charges by 7/7/00 Pretrial Conference for 10:00 7/7/00; Jury Trial for 9:30 7/17/00 before Judge Melinda Harmon ( Signed by Magistrate Judge Calvin Botley ), entered. Parties ntfd. (ckrus) (Entered: 06/19/2000) 104 MOTION by Jorge Eliecer Castro for Frank Aguilar to withdraw as attorney , filed. (pgalvan) (Entered: 06/19/2000) 106 ORDER granting [104-1] motion for Frank Aguilar to withdraw as attorney (Terminated as to Jorge Eliecer Castro (1) ( Signed by Judge Melinda Harmon ), entered. Parties ntfd. (fmremp) (Entered: 06/20/2000) 107 Order referring motion (Counsel Determination) to Magistrate Judge Frances H. Stacy as to Jorge Eliecer Castro : (), entered. (fmremp) (Entered: 06/23/2000) 108 CJA 20 as to Jorge Eliecer Castro : Appointment of Attorney Andrew J Williams Voucher # 0910449 ( Appointed by Magistrate Judge Frances H. Stacy ) , entered. (ckrus) (Entered: 06/27/2000) 109 MOTION by Jorge Eliecer Castro to continue trial , filed. (fmremp) (Entered: 06/27/2000) 110 MOTION by Deft Jorge Eliecer Castro for Bill of Particulars , filed. (ksanders) (Entered: 06/28/2000) 112 ORDER granting [109-1] motion to continue trial reset Jury trial for 9/25/00 for Jorge Eliecer Castro before Judge Melinda Harmon ( Signed by Judge Melinda Harmon ), entered. Parties ntfd. (fmremp) (Entered: 07/10/2000) 124 Re-Arraignment held before Judge Melinda Harmon Ct Reporter: J Sanchez Interpreter: yes , filed., Plea of Guilty: Jorge Eliecer Castro (1) count(s) 1 E Reed f/Govt A Williams f/deft. (pgalvan) (Entered: 09/18/2000) 06/14/2000 06/16/2000 06/20/2000 06/22/2000 06/23/2000 06/23/2000 06/27/2000 07/07/2000 09/18/2000 https://ecf-d.txs.circ5.dcn/cgi-bin/DktRpt.pl?241934093925164-L_353_0-1 9/24/2007 DC CM/ECF LIVE- US District Court-Texas Southern - Docket Report Page 7 of 13 09/18/2000 125 ORDER for Disclosure of PSI , PSI completion by 11/24/00 for Jorge Eliecer Castro , Objection to PSI due 12/8/00 , Final PSI due 12/22/00 , Sentencing set for 10:00 1/5/01 before Judge Melinda Harmon ( Signed by Judge Melinda Harmon ), entered. Parties ntfd. (pgalvan) (Entered: 09/18/2000) 155 STATEMENT of Acceptance of Responsibility by Jorge Eliecer Castro , filed. (fmremp) (Entered: 01/12/2001) 161 MOTION by Jorge Eliecer Castro to extend time to file objections to PSI , filed. (pgalvan) (Entered: 03/13/2001) 162 ORDER granting [161-1] motion to extend time to file objections to PSI as to Jorge Eliecer Castro (1) reset disclosure order deadlines: Objections to PSI due 4/13/01 Sentencing set for 10:00 5/11/01 ( Signed by Judge Melinda Harmon ), entered. Parties ntfd. (ckrus) (Entered: 03/14/2001) 176 STATEMENT of No Objections to Presentence Investigation Report by USA as to Jorge Eliecer Castro , filed. (pgalvan) (Entered: 04/09/2001) 193 OBJECTION by Jorge Eliecer Castro to Presentence Investigation Report & Corrections, filed. (fmremp) (Entered: 04/16/2001) 199 FINAL PRESENTENCE INVESTIGATION REPORT (Sealed) as to Jorge Eliecer Castro , filed. (fmremp) (Entered: 04/20/2001) 200 SEALED Confidential Sentencing Recommendation regarding Jorge Eliecer Castro to the Court, filed and placed in vault. (fmremp) (Entered: 04/20/2001) 203 ADDENDUM by Jorge Eliecer Castro to [193-1] objection presentence investigation , filed. (fmremp) (Entered: 05/02/2001) 207 SECOND ADDENDUM by Jorge Eliecer Castro to [193-1] objection presentence investigation , filed. (fmremp) (Entered: 05/09/2001) 214 Sentencing Hearing as to Jorge Eliecer Castro not held before Judge Melinda Harmon Interpreter: yes, App: J. Vaden f/E. Reed f/govt, A. Balderas f/deft, deft's cnsl Antonio Balderas may withdraw, the deft will go before the Magistrate to determine financial eligibility for appointment of counsel, 01/12/2001 03/12/2001 03/13/2001 04/09/2001 04/13/2001 04/19/2001 04/19/2001 05/02/2001 05/08/2001 05/11/2001 https://ecf-d.txs.circ5.dcn/cgi-bin/DktRpt.pl?241934093925164-L_353_0-1 9/24/2007 DC CM/ECF LIVE- US District Court-Texas Southern - Docket Report Page 8 of 13 deft's letter to the ct will be filed under SEAL. Sentencing is reset to June 22, 2001 at 10:00 a.m. (pjones) (Entered: 05/15/2001) 05/11/2001 215 Sentencing held before Judge Melinda Harmon Ct Reporter: Anita Manley, Interpreter: yes, App: J. Vaden f/E. Reed f/govt, Andrew Williams f/deft, Jorge Eliecer Castro (1) count(s) 1. 240 mos impris, concurrent with Docket No. 00-10-001, cts 14, 5 yrs SRT, $1,000.00 fine, $100 SA, deft remanded to custody, filed. US Probation Officer: Kimberly Jones/Michael Oliveri (pjones) (Entered: 05/15/2001) 222 MOTION by USA as to Jorge Eliecer Castro to dismiss cnt-2 of the indictment , filed. (fmremp) (Entered: 05/18/2001) 226 THIRD ADDENDUM by Jorge Eliecer Castro to [193-1] objection presentence investigation , filed. (fmremp) (Entered: 05/29/2001) 218 NOTICE OF APPEAL of judgment and sentence by Jorge Eliecer Castro (1) count(s) 1 FILING FEE: CJA, filed. (bdaniel) (Entered: 05/15/2001) Notice of appeal and Copy of docket as to Jorge Eliecer Castro to USCA: [218-1] appeal . Parties ntfd. (bdaniel) (Entered: 05/15/2001) 223 ORDER granting [222-1] motion to dismiss cnt-2 of the indictment as to Jorge Eliecer Castro (1) ( Signed by Judge Melinda Harmon ), entered. Parties ntfd. (fmremp) (Entered: 05/18/2001) DISMISSAL of Count(s) on Government Motion Counts Dismissed: Jorge Eliecer Castro (1) count(s) 2 (fmremp) (Entered: 05/18/2001) 224 JUDGMENT as to , Jorge Eliecer Castro (1) count(s) 1 ( Signed by Judge Melinda Harmon ), entered. Parties ntfd. (fmremp) (Entered: 05/18/2001) USCA Case Number as to Jorge Eliecer Castro Re: [218-1] appeal USCA NUMBER: 01-20516 (mmapps) (Entered: 05/29/2001) 228 Transcript Order Form as to Jorge Eliecer Castro requesting transcript of Re-Arraignment before Judge Harmon on 9/18/00 by Ct Reporter: J. Sanchez , filed. (fmremp) (Entered: 05/11/2001 05/11/2001 05/14/2001 05/15/2001 05/16/2001 05/16/2001 05/16/2001 05/25/2001 05/31/2001 https://ecf-d.txs.circ5.dcn/cgi-bin/DktRpt.pl?241934093925164-L_353_0-1 9/24/2007 DC CM/ECF LIVE- US District Court-Texas Southern - Docket Report Page 9 of 13 06/01/2001) 05/31/2001 230 Transcript Order Form as to Jorge Eliecer Castro requesting transcript of Sentencing before Judge Harmon on 5/11/01 by Ct Reporter: A. Manley , filed. (fmremp) (Entered: 06/01/2001) 242 TRANSCRIPT as to Jorge Eliecer Castro Re: [218-1] appeal Sentencing Hearing for dates of May 11, 2001 before Judge Melinda Harmon , filed. Ct Reporter: Anita G. Manley (pjones) (Entered: 08/03/2001) Certified and transmitted record on appeal consisting of 1 volume of record, 2 volume of transcripts, 2 sealed envelopes, to U.S. Court of Appeals as to Jorge Eliecer Castro : [218-1] appeal . Circuit No. 01-20516. Parties ntfd. (mmapps) (Entered: 09/05/2001) 260 JUDGMENT OF USCA (certified copy)as to Jorge Eliecer Castro on 03/06/02 Mandate Issued 03/28/02 [218-1] appeal CCA No. 01-20516 affirming judgment count(s) 1 , filed. (mmapps) (Entered: 04/02/2002) 261 Copy of Fifth Circuit Court of Appeals Per Curiam as to Jorge Eliecer Castro , filed. U.S.C.A. No. 01-20516 (mmapps) (Entered: 04/02/2002) Record on Appeal as to Jorge Eliecer Castro returned from U.S. Court of Appeals: [218-1] appeal CCA No. 01-20516 Rec'd 1 vol of record, 2 vol of transcripts, 2 sealed envelopes, file reass'd fwd to fileroom. (mmapps) Modified on 04/02/2002 (Entered: 04/02/2002) 262 ORDER OF USCA (certified copy) 04/17/02 that the motion of Andrew J Williams to withdraw as court appointed counsel for Appellant Jorge E Castro is GRANTED, Re: [250-1] appeal , filed. RE: Jorge Eliecer Castro (mmapps) (Entered: 04/25/2002) 267 MOTION by Jorge Eliecer Castro to Correct Judgment , filed. Original forwarded to casemanager, lcb (lbrown) (Entered: 01/09/2003) 268 AMENDED JUDGMENT , Jorge Eliecer Castro (1) count(s) 1 ( Signed by Judge Melinda Harmon ), entered. Parties ntfd. The Statement of Reasons has been placed under seal in the envelope with the Original Presentence Report. Copies of the 08/01/2001 09/05/2001 04/01/2002 04/01/2002 04/01/2002 04/25/2002 01/07/2003 01/27/2003 https://ecf-d.txs.circ5.dcn/cgi-bin/DktRpt.pl?241934093925164-L_353_0-1 9/24/2007 DC CM/ECF LIVE- US District Court-Texas Southern - Docket Report Page 10 of 13 SOR have been sent to the appropriate defense counsel, the AUSA, and the US Marshal. (lbrown) (Entered: 01/28/2003) 02/07/2003 269 RESPONSE by USA as to Jorge Eliecer Castro re: [267-1] motion to Correct Judgment , filed. (lbrown) (Entered: 02/10/2003) 270 MOTION by Jorge Eliecer Castro to vacate under 28 U.S.C. 2255 (Civil Action # H 03-0890), filed. (ddarneille) (Entered: 03/14/2003) 271 ORDER that deft's motion pursuant to 28 USC 2255 was filed on 03/11/03. It is now hereby ORDERED that the US answer w/in 60 days as to Jorge Eliecer Castro ( Signed by Judge Melinda Harmon ), entered. Parties ntfd. (lbrown) (Entered: 03/18/2003) 272 Order referring motion to Magistrate Judge Frances H. Stacy as to Jorge Eliecer Castro : [270-1] motion to vacate under 28 U.S.C. 2255 ( Signed by Judge Melinda Harmon ), entered. (lbrown) (Entered: 03/18/2003) 273 ANSWER to [270-1] motion to vacate under 28 U.S.C. 2255 as to Jorge Eliecer Castro by USA , filed. (lbrown) (Entered: 05/18/2003) 273 MOTION by USA as to Jorge Eliecer Castro to dismiss defts 2255 mtn , filed. (lbrown) (Entered: 05/18/2003) 274 TRAVERSE by Jorge Eliecer Castro to govt's response to [270-1] motion to vacate under 28 U.S.C. 2255 , filed. (pjones) (Entered: 06/11/2003) 280 MOTION by Jorge Eliecer Castro to supplement pending section 2255 motion to vacate , filed. (ctaylor) (Entered: 07/23/2004) 281 Order referring motion: to Magistrate Judge Frances H. Stacy as to Jorge Eliecer Castro : [280-1] motion to supplement pending section 2255 motion to vacate ( Signed by Judge Melinda Harmon ), entered. (ctaylor) (Entered: 07/27/2004) Mail returned undeliverable as to Jorge Eliecer Castro on [2811] referral/referred order forwarded to file. (ctaylor) (Entered: 08/09/2004) 282 ORDER Response to motion set to 9/15/04 for USA for [2801] motion to supplement pending section 2255 motion to 03/11/2003 03/17/2003 03/18/2003 05/16/2003 05/16/2003 06/11/2003 07/22/2004 07/23/2004 08/05/2004 08/12/2004 https://ecf-d.txs.circ5.dcn/cgi-bin/DktRpt.pl?241934093925164-L_353_0-1 9/24/2007 DC CM/ECF LIVE- US District Court-Texas Southern - Docket Report Page 11 of 13 vacate ( Signed by Magistrate Judge Frances H. Stacy ), entered. Parties ntfd. (ctaylor) (Entered: 08/16/2004) 09/13/2004 283 RESPONSE by USA as to Jorge Eliecer Castro re [280] Motion for Miscellaneous Relief , filed. (Attachments: # 1 Text of Proposed Order)(ctaylor, ) (Entered: 09/13/2004) 284 REPLY TO RESPONSE to Motion by Jorge Eliecer Castro re [280] Motion for Miscellaneous Relief , filed.(ctaylor, ) (Entered: 09/28/2004) 285 REPORT AND RECOMMENDATIONS as to Jorge Eliecer Castro re granted [273] Motion to Dismiss, denied [270] Motion to Vacate (2255), denied [280] Motion for Miscellaneous Relief Objections to R&R due by 11/19/2004 ( Signed by Judge Frances H Stacy ). Parties notified. (ncavazos, ) (Entered: 11/09/2004) 287 MOTION to Take Judicial Notice of Mailing Error re 285 REPORT AND RECOMMENDATIONS as to Jorge Eliecer Castro re [273] Motion to Dismiss, [270] Motion to Vacate (2255), [280] Motion for Miscellaneous Relief by Jorge Eliecer Castro, filed. (ddarneille, ) (Entered: 11/26/2004) 293 MEMORANDUM AND ORDER as to Jorge Eliecer Castro granting [273] Motion to Dismiss, denying [270] Motion to Vacate (2255), denying [280] Motion to Supplement. ( Signed by Judge Melinda Harmon ). Parties notified. (bthomas, ) (Entered: 10/20/2005) 294 ORDER DISMISSING ACTION as to Jorge Eliecer Castro. Motion to Vacate, Set Aside or Correct Sentence [270] is denied and dismissed with prejudice. ( Signed by Judge Melinda Harmon ). Parties notified. (bthomas, ) (Entered: 10/20/2005) 297 MOTION for Leave to File Notice of Appeal and Certificate of Appealability due to failure to recieve order dismissing 2255 and Request for copy of Memorandum and Order Dimissing 2255 by Jorge Eliecer Castro, filed. (ctaylor, ) (Entered: 12/27/2005) 319 NOTICE OF APPEAL to US Court of Appeals for the Fifth Circuit by Jorge Eliecer Castro re 294 Order, 293 Memorandum and Order (Filing fee $ 455),filed. ***THIS IMAGE IS A DUPLICATE OF DE# 297 AND HAS BEEN 09/27/2004 11/09/2004 11/22/2004 10/20/2005 10/20/2005 12/27/2005 12/27/2005 https://ecf-d.txs.circ5.dcn/cgi-bin/DktRpt.pl?241934093925164-L_353_0-1 9/24/2007 DC CM/ECF LIVE- US District Court-Texas Southern - Docket Report Page 12 of 13 RE-DOCKETED FOR CASE MANAGEMENT PURPOSES***(kcarr, ) (Entered: 09/07/2007) 01/13/2006 298 RESPONSE by USA as to Jorge Eliecer Castro re 297 MOTION for Leave to File Notice of Appeal and Certificate of Appealability due to failure to recieve order dismissing 2255 and Request for copy of Memorandum and Order Dimissing 2255, filed. (Attachments: # 1 Proposed Order)(Babcock, Jeffrey) (Entered: 01/13/2006) 299 MOTION To Eliminate Enhancements and Reduce Sentence (Under Rule 35) by Jorge Eliecer Castro, filed. (mkallie, ) (Entered: 01/17/2006) 300 REPLY TO RESPONSE to Motion by Jorge Eliecer Castro re 297 MOTION for Leave to File Notice of Appeal and Certificate of Appealability due to failure to recieve order dismissing 2255 and Request for copy of Memorandum and Order Dimissing 2255 , filed.(jbradford, ) (Entered: 02/08/2006) 301 RESPONSE to Motion by USA as to Jorge Eliecer Castro re 299 MOTION to Reduce Sentence(Under Rule 35), filed. (Attachments: # 1 Proposed Order)(Vaden, Jeff) (Entered: 02/14/2006) 302 ORDER denying 299 Motion to Reduce Sentence(Under Rule 35) as to Jorge Eliecer Castro (1).(Signed by Judge Melinda Harmon.) Parties notified.(htippen, ) (Entered: 02/16/2006) 303 ORDER denying 297 Motion for Leave to File as to Jorge Eliecer Castro (1).(Signed by Judge Melinda Harmon.) Parties notified.(htippen, ) (Entered: 02/16/2006) 304 Reply to Governments RESPONSE by Jorge Eliecer Castro , filed.(jbradford, ) (Entered: 02/28/2006) 305 MOTION for Reconsideration re 303 Order on Motion for Leave to File by Jorge Eliecer Castro, filed. (ledwards, ) (Entered: 03/02/2006) 308 RESPONSE to Motion by USA as to Jorge Eliecer Castro re 305 MOTION for Reconsideration re 303 Order on Motion for Leave to File, filed. (Attachments: # 1 Proposed Order Order for Motion for Reconsideration)(Vaden, Jeff) (Entered: 03/31/2006) 01/13/2006 02/08/2006 02/14/2006 02/15/2006 02/15/2006 02/27/2006 03/01/2006 03/31/2006 https://ecf-d.txs.circ5.dcn/cgi-bin/DktRpt.pl?241934093925164-L_353_0-1 9/24/2007 DC CM/ECF LIVE- US District Court-Texas Southern - Docket Report Page 13 of 13 04/04/2006 309 ORDER denying 305 Deft's Motion for Reconsideration as to Jorge Eliecer Castro (1).(Signed by Judge Melinda Harmon.) Parties notified.(htippen, ) (Entered: 04/05/2006) 310 MOTION To Take Judicial Notice and Request for an Order Directing Clerk to Mail Petitioner Copy of October 20, 2005, Order and Final Judgment Denying Petitioner's 2255 by Jorge Eliecer Castro, filed. (mmarch, ) (Entered: 06/08/2006) MOTIONS as to Jorge Eliecer Castro REFERRED to Magistrate Judge Frances Stacy: 310 MOTION To Take Judicial Notice and Request for an Order Directing Clerk to Mail Petitioner Copy of October 20, 2005, Order and Final Judgment Denying Petitioner's 2255 (htippen, ) (Entered: 06/09/2006) 313 ORDER granting 310 Motion as to Jorge Eliecer Castro (1). (Signed by Judge Frances H Stacy.) Parties notified. (mmarch, ) (Entered: 06/27/2006) 320 Notice of Assignment of USCA No. 07-20678 as to Jorge Eliecer Castro re: 319 Notice of Appeal - Judgment and Sentence,,filed.(jdav, ) (Entered: 09/21/2007) 06/08/2006 06/09/2006 06/26/2006 09/21/2007 https://ecf-d.txs.circ5.dcn/cgi-bin/DktRpt.pl?241934093925164-L_353_0-1 9/24/2007

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