Ryan, Trevor K. v. USA

Filing 64

ORDER that motion for post conviction relief was timely filed; clerk directed to close case. Signed by District Judge Barbara B. Crabb on 3/16/12. (krj)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - UNITED STATES OF AMERICA,
ORDER
Plaintiff,
10-cv-295-bbc
08-cr-164-bbc
v.
TREVOR K. RYAN,
Defendant.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - The parties have stipulated to the entry of an order by this court finding that
defendant Trevor K. Ryan’s motion for post conviction relief under 28 U.S.C. § 2255 was
timely filed solely under the due diligence provision of § 2255(f)(4) and that the court vacate
the criminal judgment imposed on defendant on March 12, 2009 and reimpose an amended
criminal judgment and commitment to permit defendant to take a direct appeal of his
conviction and sentence. In accordance with the stipulation, the order will be entered.

ORDER
IT IS ORDERED that defendant Trevor K. Ryan’s motion for post conviction relief

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under 28 U.S.C. § 2255 was timely filed solely under the due diligence provision of §
2255(f)(4). FURTHER, IT IS ORDERED that the judgment and commitment entered in
case 08-cr-164-bbc is VACATED and REIMPOSED as of the date of this order, to allow
defendant to take a direct appeal of his conviction and sentence. The clerk of court is
directed to close case 10-cv-295.
Entered this 16th day of March, 2012.
BY THE COURT:
/s/
BARBARA B. CRABB
District Judge

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