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Filed: 4/23/2008, Entered: 4/23/2008 |
Transmission of Notice of Appeal and Docket Sheet |
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Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: Notice of Appeal. (nd)
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Filed: 4/23/2008, Entered: 4/23/2008 |
Transmission of Notice of Appeal to District Judg |
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Transmission of Notice of Appeal to the District Judge re: Notice of Appeal. (nd)
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Filed: 4/22/2008, Entered: 4/23/2008 |
Notice of Appeal |
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NOTICE OF APPEAL from Order. Document filed by United States of America. Copies of Notice of Appeal mailed to attorney(s) of record: Thomas Moseley, Esq. ORIGINAL ENTERED IN THE CRIM CASE : 98-cr-1484, DOC # 26. (nd)
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| 18 |
Filed: 4/7/2008, Entered: 4/7/2008 |
Transcript |
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TRANSCRIPT of proceedings held on 2/22/2008 before Judge Sidney H. Stein. (ama)
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| 17 |
Filed: 2/25/2008, Entered: 2/25/2008 |
Letter |
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LETTER addressed to Judge Stein from AUSA Kenneth Allen Polite, Jr. dated 2/12/08 re: submitted in further support of the Govt's request that the Judge vacate his opinion and order, entered on 11/15/07, granting Qiao's petition for a writ of error coram nobis, and in response to Qiao's opposition letter dated 1/14/08. Document filed by United States of America. Refer to 98-cr-1484(SHS) also. [Received in Chambers on 2/12/08](bw)
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| 16 |
Filed: 2/25/2008, Entered: 2/25/2008 |
Letter |
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LETTER addressed to Judge Stein from Attorney Thomas E. Moseley dated 1/14/08 re: submitted this opposition to the govt's motion by letter dated 12/17/07. Document filed by Li Hua Qiao. Refer to 98-cr-1484(SHS) also. [Received in Chambers on 1/14/08](bw)
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| 15 |
Filed: 2/25/2008, Entered: 2/25/2008 |
Letter |
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LETTER addressed to Judge Stein from AUSAs Kenneth Allen Polite, Jr./Celeste L. Koeleveld dated 12/17/07 re: submitted in support of the Govt's request that the Judge vacate his opinion and order, entered on 11/15/07, granting Qiao's petition for a writ of error coram nobis. Document filed by United States of America. Refer to 98-cr-1484(SHS) also. [Received by Chambers on 12/17/07](bw)
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Filed: 2/22/2008, Entered: 2/22/2008 |
Order |
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ORDER. IT IS HEREBY ORDERED that for the reasons set forth on the record today, the govt's motion pursuant to Rule 60(b) to vacate the Court's Opinion and Order dated 11/17/07 is denied. (Signed by Judge Sidney H. Stein on 2/22/08) [*** NOTE: Original document filed in 98-Cr-1484(SHS), see doc.#25. ***](bw)
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| 14 |
Filed: 12/26/2007, Entered: 1/3/2008 |
Endorsed Letter |
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ENDORSED LETTER addressed to Judge Sidney H. Stein from Thomas E. Moseley dated 12/21/07 re: Granting Petitioner's request until 1/14/08 to file his opposition to the government's motion in light of the holidays. (Signed by Judge Sidney H. Stein on 12/21/07) (ae)
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| 13 |
Filed: 12/6/2007, Entered: 12/12/2007 |
Endorsed Letter |
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ENDORSED LETTER addressed to Judge Sidney H. Stein from Kenneth Allen Polite dated 12/3/07 re: The Government requests a two week extension of time within which to request reconsideration of Your Honor's November 15, 2007 order granting Qiao's coram nobis petition. ENDORSEMENT: The day after thanksgiving is not a legal holiday for purposes of Fed. R. Civ. P. 6(a) time calculations. Nonetheless since the Court was closed on that day, deft's motion is GRANTED in the ct's discretion. So Ordered. (Signed by Judge Sidney H. Stein on 12/6/07) (js)
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| 12 |
Filed: 11/16/2007, Entered: 11/26/2007 |
Letter |
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LETTER addressed to Judge Swain from Kenneth Polite dated 10/5/07 re: petition for wirt of error coram nobis. Document filed by United States of America.(cd)
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Filed: 11/15/2007, Entered: 11/15/2007 |
Memorandum and Opinion |
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OPINION AND ORDER # 95423: Qiao has shown that (1) his guilty plea was the product of the ineffective assistance of counsel and as such, should be set aside to achieve justice; (2) his administrative efforts challenging the designation of his 1999 conviction as an aggravated felony constitute sound reasons... for [his] failure to seek appropriate earlier relief; and (3) the removal proceedings brought by DHS against Qiao cause him to suffer legal consequences from his conviction that may be remedied by granting of the writ. Id. at 90. Accordingly, Qiao's petition for a writ of error coram nobis is granted, and Qiao's conviction and sentence for mail fraud and conspiracy to commit mail fraud is hereby vacated. Original filed in 98 Cr. 1484 (SHS) as [doc. number 24]. (Signed by Judge Sidney H. Stein on 11/15/2007) (rw)
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Filed: 10/30/2007, Entered: 10/30/2007 |
Reply Affidavit in Support of Motion |
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REPLY AFFIDAVIT of qiao in Support re: [5] MOTION for Judgment as a Matter of Law memorandum of law.. Document filed by Li Hua Qiao. (Moseley, Thomas)
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| 10 |
Filed: 10/30/2007, Entered: 10/30/2007 |
Reply Affidavit in Support of Motion |
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REPLY AFFIDAVIT of moseley in Support re: [5] MOTION for Judgment as a Matter of Law memorandum of law.. Document filed by Li Hua Qiao. (Moseley, Thomas)
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| 9 |
Filed: 10/30/2007, Entered: 10/30/2007 |
Reply Memorandum of Law in Support of Motion |
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REPLY MEMORANDUM OF LAW in Support re: [5] MOTION for Judgment as a Matter of Law memorandum of law.. Document filed by Li Hua Qiao. (Moseley, Thomas)
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| 8 |
Filed: 10/19/2007, Entered: 10/22/2007 |
Endorsed Letter |
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ENDORSED LETTER addressed to Judge Sidney H. Stein from Thomas E. Mosely dated 10/16/2007 re: the petitioner would request that his time for submitting a reply in this matter be extended form 10/19/2007 to 10/29/2007. ENDORSEMENT: The argument is set for 11/8/2007 at 2:30 p.m. before Judge Sidney H. Stein. (Signed by Judge Sidney H. Stein on 10/18/2007) (jar)
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| 7 |
Filed: 9/5/2007, Entered: 9/6/2007 |
Endorsed Letter |
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ENDORSED LETTER addressed to Judge Sidney H. Stein from Kenneth Allen Polite dated 9/4/07 re: Counsel for defendant requests an additional thirty days to file a response with a corresponding rescheduling of the petitioner's reply and oral arguments. ENDORSEMENT: The Government's response is due 10/5/07. Petitioner's reply due 10/19/07. argument adjourned to 11/8/07, at 2:30 p.m. So Ordered. (Signed by Judge Sidney H. Stein on 9/4/07) (js)
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| 6 |
Filed: 8/7/2007, Entered: 8/8/2007 |
Endorsed Letter |
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ENDORSED LETTER addressed to Judge Sydney H. Stein from Thomas E. Moseley dated 7/31/2007 re: the parties would like ask that the government be given at least 30 days from today to file a response, that petitioner be given 10 days from that time to submit a reply and that the matter be set for argument after submission of petitioner's reply. ENDORSEMENT: Government response due Sept. 6. Petitioners reply due Sept. 17. Oral argument Sept. 28 at 11:30 am. Replies due by 9/17/2007.,Responses due by 9/6/2007, Oral Argument set for 9/28/2007 at 11:30 AM before Judge Sidney H. Stein. SO ORDERED. (Signed by Judge Sidney H. Stein on 8/6/2007) (jmi)
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| 5 |
Filed: 6/15/2007, Entered: 6/15/2007, Terminated: 11/15/2007 |
Motion for Judgment as a Matter of Law |
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MOTION for Judgment as a Matter of Law memorandum of law. Document filed by Li Hua Qiao.(Moseley, Thomas)
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| 4 |
Filed: 5/31/2007, Entered: 6/4/2007 |
Order |
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ORDER Petitioner's Brief due by 6/15/2007., The Government's Responses due by 7/16/2007., Petitioner's Replies due by 7/30/2007. SO ORDERED. (Signed by Judge Sidney H. Stein on 5/29/2007) (jmi) Modified on 6/7/2007 (Miles, Janeen).
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Filed: 5/29/2007, Entered: 5/29/2007 |
Mail Notice to Attorney(s) |
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Mailed notice to the attorney(s) of record. (laq)
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| 3 |
Filed: 5/22/2007, Entered: 5/29/2007 |
Notice of Case Assignment/Reassignment |
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NOTICE OF CASE ASSIGNMENT to Judge Sidney H. Stein. Judge Unassigned is no longer assigned to the case. (laq)
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| 2 |
Filed: 5/22/2007, Entered: 5/24/2007 |
Order |
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ORDER; Counsel are directed to appear in courtroom 23A on May 29, 2007, at 4:00 p.m. for an initial case management conference purs to FRCP 16....; (Signed by Judge Sidney H. Stein on 5/22/07); Copies Faxed (djc)
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Filed: 5/22/2007, Entered: 5/29/2007 |
Case Designation |
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Magistrate Judge Michael H. Dolinger is so designated. (laq)
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Filed: 5/22/2007, Entered: 5/29/2007 |
Case Accepted as Similar |
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CASE ACCEPTED AS SIMILAR. Create association to 1:98-cr-01484-SHS. Notice of Assignment to follow. (laq)
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Filed: 5/22/2007, Entered: 5/24/2007 |
Set Deadlines/Hearings: |
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Set Deadlines/Hearings: Initial Case Management Conference set for 5/29/2007 04:00 PM before Judge Sidney H. Stein. (djc)
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| 1 |
Filed: 5/11/2007, Entered: 5/11/2007 |
Petition - other |
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PETITION IN SUPPORT OF PETITION FOR WRIT OF ERROR CORAM NOBIS. (Filing Fee $ 350.00, Receipt Number 614581).Document filed by Li Hua Qiao.(tro)
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Filed: 5/11/2007, Entered: 5/11/2007 |
Case Referred as Possibly Related/Similar |
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CASE REFERRED TO Judge Sidney H. Stein as possibly related to 98-cr-1484. (tro)
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Filed: 5/11/2007, Entered: 5/11/2007 |
Summons Issued as to USA |
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SUMMONS ISSUED as to United States of America, U.S. Attorney and U.S. Attorney General. (tro)
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