Aguirre v. United States of America
Federal Civil Lawsuit Massachusetts District Court, Case No. 1:05-cv-10817-RCL

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No Logo Camilo Aguirre, Petitioner
v.
United States of America United States of America, Respondent

Toggle Switch Represented by Day Pitney, LLP

Name Phone Fax E-Mail
Space Patrick M. Hamilton +1 617 345 4804 +1 617 345 4745 phamilton@daypitney.com

Toggle Switch Represented by United States Department of Justice

Name Phone Fax E-Mail
Space Andrew E. Lelling +1 617 748 3177 andrew.lelling@usdoj.gov
Office Boston
Filed 4/22/2005
Jury Demand None
Demand
Nature of Suit 510 - Taking - Personalty
Cause Section 28 U.S.C. § 2255 Motion to Vacate / Correct Illegal Sentenc
Jurisdiction U.S. Government Defendant
Disposition Judgment - Motion Before Trial
County Middlesex
Terminated 6/4/2007
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Case '07-2120'['First Circuit']
Def Custody Status
  Entries (26) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document 20 Filed: 2/25/2008, Entered: 2/25/2008 USCA Mandate
MANDATE of USCA (entered 2/20/08) as to [11] Notice of Appeal, filed by Camilo Aguirre... The request for a certificate of ppealability is Denied, and the Appeal is terminated, FILED. (Gawlik, Cathy)
    LREF
    Blank -- Filed: 2/25/2008, Entered: 2/25/2008 Appeal Record Returned
    Appeal Record Returned: [11] Notice of Appeal, (Gawlik, Cathy)
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      Legal Document 19 Filed: 1/2/2008, Entered: 1/2/2008 USCA Judgment
      USCA Judgment (entered 12/28/07) as to[11] Notice of Appeal, filed by Camilo Aguirre... The request for ra certificate of appealability is DENIED, and theappeal is terminated, FILED. (Gawlik, Cathy)
        LREF
        Legal Document 18 Filed: 12/4/2007, Entered: 12/4/2007 Supplemental ROA Sent to USCA
        Supplemental Record on Appeal transmitted to US Court of Appeals re [11] Notice of Appeal, Documents included: underlying criminal case 00-10224 (Ramos, Jeanette)
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          Blank -- Filed: 10/20/2007, Entered: 10/20/2007 Order on Motion for Certificate of Appealability
          Judge Reginald C. Lindsay : ORDER entered denying [17] Motion for Certificate of Appealability. Because the court has determined that the substantial evidence of record shows that there has been no breach of the plea agreement by the government, the claim that the defendant's counsel was ineffective in failing to object to a breach is without merit. The defendant therefore has made no substantial showing of the denial of constitutional right. (Lindsay, Reginald)
            LREF
            Legal Document 17 Filed: 10/4/2007, Entered: 10/4/2007, Terminated: 10/20/2007 Motion for Certificate of Appealability
            MOTION for Certificate of Appealability by Camilo Aguirre.(York, Steve)
              LREF
              Legal Document 16 Filed: 9/20/2007, Entered: 9/20/2007 Supplemental ROA Sent to USCA
              Supplemental Record on Appeal transmitted to US Court of Appeals re [11] Notice of Appeal, Documents included: 15 & endorsed order (Ramos, Jeanette)
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                Legal Document 15 Filed: 9/11/2007, Entered: 9/11/2007 USCA Order
                ORDER of USCA as to [11] Notice of Appeal, filed by Camilo Aguirre. Treating appellant's financial affidavit, with attached prison trust account statement, as a motion to proceed on appeal in forma pauperis ("IFP"), we transmit said request to the district court for action in the first instance pursuant to Fed. R. App. P. 24(a)(1). Copies of the district court's ruling shall be forwarded to this court. The district court, if it denies the motion, is requested to state its reasons in writing. Fed. R. App. P. 24(a)(2). If appellant is not granted IFP status by the district court, he may file a motion to proceed IFP in this court, provided that he do so in accordance with Fed. R. App. P. 24(a)(5). Order filed in the USCA 9/7/2007 (Attachments: # (1))(Ramos, Jeanette)
                  LREF
                  Legal Document 14 Filed: 7/27/2007, Entered: 7/27/2007 USCA Case Number
                  USCA Case Number 07-2120 for [11] Notice of Appeal, filed by Camilo Aguirre. (Gawlik, Cathy)
                    LREF
                    Legal Document 13 Filed: 7/20/2007, Entered: 7/20/2007 Appeal Record Sent to USCA
                    Certified and Transmitted Record on Appeal to US Court of Appeals re [11] Notice of Appeal, (Attachments: # (1))(Ramos, Jeanette)
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                      Legal Document 12 Filed: 6/27/2007, Entered: 6/27/2007 Notice of Appearance/
                      NOTICE of Appearance by Andrew E. Lelling on behalf of United States of America (Lelling, Andrew)
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                        Legal Document 11 Filed: 6/19/2007, Entered: 6/19/2007, Terminated: 1/2/2008 Notice of Appeal
                        NOTICE OF APPEAL by Camilo Aguirre NOTICE TO COUNSEL: A Transcript Report/Order Form, which can be downloaded from the First Circuit Court of Appeals web site at http://www.ca1.uscourts.gov/clerks/transcript.htm MUST be completed and submitted to the Court of Appeals.Appeal Record due by 7/9/2007. (York, Steve)
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                          Legal Document 10 Filed: 6/4/2007, Entered: 6/4/2007 Judgment*Court Filing
                          Judge Reginald C. Lindsay : ORDER entered. JUDGMENT in favor of respondent against petitioner(Hourihan, Lisa)
                            LREF
                            Legal Document 9 Filed: 5/31/2007, Entered: 5/31/2007 Memorandum and OrderCourt Filing
                            Judge Reginald C. Lindsay : MEMORANDUM AND ORDER ON MOTION TO VACATE, SET ASIDE, OR CORRECT SENTENCE. (Lindsay, Reginald)
                              LREF
                              Blank -- Filed: 3/15/2007, Entered: 3/15/2007 Order on Motion for Miscellaneous Relief
                              Judge Reginald C. Lindsay : Electronic ORDER entered granting [8] Motion for Inclusion of additional case (York, Steve)
                                LREF
                                Legal Document 8 Filed: 2/20/2007, Entered: 2/20/2007, Terminated: 3/15/2007 Motion for Miscellaneous Relief
                                MOTION for Inclusion of additional case by Camilo Aguirre.(York, Steve)
                                  LREF
                                  Legal Document 7 Filed: 11/21/2006, Entered: 11/21/2006 Letter/request (non-motion)
                                  Letter from Camilo Aguirre. (York, Steve)
                                    LREF
                                    Legal Document 6 Filed: 10/3/2005, Entered: 10/4/2005 Response
                                    Petitioner's Reply to the Government re [5] Opposition to Camilo Aguirre Section 2255 Motion. by Camilo Aguirre (York, Steve)
                                      LREF
                                      Blank -- Filed: 9/16/2005, Entered: 9/16/2005 Notice of correction to docket made by Court staff.
                                      Notice of correction to docket made by Court staff. Correction: Docket text corrected: To insert the text (2255 Motion) (York, Steve)
                                        LREF
                                        Legal Document 5 Filed: 9/13/2005, Entered: 9/13/2005 Response
                                        Government's Opposition To Camilo Aguirre's Section 2255 motion by United States of America. (Attachments: # (1) Exhibit)(York, Steve) Modified on 9/16/2005 (to insert text 2255 motion) (York, Steve).
                                          LREF
                                          Blank -- Filed: 9/8/2005, Entered: 9/8/2005 Order on Motion for Extension of Time
                                          Judge Reginald C. Lindsay : Electronic ORDER entered granting [4] Motion for Extension of Time (York, Steve)
                                            LREF
                                            Legal Document 4 Filed: 8/25/2005, Entered: 8/25/2005, Terminated: 9/8/2005 Motion for Extension of Time
                                            MOTION for Extension of Time to 30-Sept-2005 to File response to Aguirre's 2255 Motion by United States of America.(Hamilton, Patrick)
                                              LREF
                                              Legal Document 3 Filed: 4/26/2005, Entered: 4/26/2005 Service Order - 2255 MotionCourt Filing
                                              Judge Reginald C. Lindsay : ORDER entered. SERVICE ORDER re 2255 Motion. Order entered pursuant to R.4 of the Rules governing Section 2255 cases for service on respondents. Answer/responsive pleading due w/in 20 days of rcpt of this order.(Stanhope, Don)
                                                LREF
                                                Blank -- Filed: 4/26/2005, Entered: 4/26/2005 Magistrate Judge Assignment
                                                If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Sorokin. (Stanhope, Don)
                                                  LREF
                                                  Legal Document 2 Filed: 4/22/2005, Entered: 4/26/2005 Memorandum of Law
                                                  MEMORANDUM OF LAW in Support of [1] Motion to Vacate/Set Aside/Correct Sentence (2255). filed by Camilo Aguirre (Stanhope, Don)
                                                    LREF
                                                    Legal Document 1 Filed: 4/22/2005, Entered: 4/26/2005 Motion to Vacate/Set Aside/Correct Sentence - 2255
                                                    MOTION to Vacate, Set Aside or Correct Sentence (2255) , filed by Camilo Aguirre.(Stanhope, Don)
                                                      LREF

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