20090422a Agreed Motion To Vacate And Set Aside Judgment

Apr-22-D2 ,

,

13:15

From-SFPRINT.COM

415 346 1985

T-202

P.004/00S

vs.

CONNIE C. ARMSTRONG! JR.

Comes nO\V l Defendant, Connie C. Armstrong, Jr., in (he above numbered and styled cause of action and The United States of America, jointly move the Court for an Order revising the conviction of Mr. Annsuong and vacating this Courtls Order of AuguSt 29) 1997. This COllrt has jurisdiction pursuant to 28 USC (2255). See attached Order from the 9th Circuit Court of Appeals confinning that this motion is timely filed. This motlon is in the interest of justice. RespectfuIIy submitted,

~~JQ

[) ~~

BilBOYd Attorney Pro hac vice application pending' Boyd Veigel, P.C. P.O. Box 1]79 McKinney, Texas 75070 SBN 90001936 TEL: (972)562-9700

FAX: (972)562-9600

United States Department of Justice

lOCATION:4153461985

R;':: TIME

04/22 '09 15; 1.:,

~-cO=

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA UNITED STATES OF AMERICA vs. CONNIE C. ARMSTRONG, JR

§ § § § §

CRIMINAL NO. 94-0276-CAL

AGREED MOTION TO VACATE AND SET ASIDE JUDGMENT

Comes now, Defendant, Connie C. Annstrong, Jr., in the above numbered and styled cause of action and The United States of America, jointly move the Court for an Order revising the conviction of Mr. Armstrong and vacating this Court's Order of August 29, 1997. This Court has jurisdiction pursuant to 28 USC (2255). See attached Order from the 9th Circuit Court of Appeals confirming that this motion is timely filed. This motion is in the interest ofjustice. Respectfully submitted,

~l~ ~L~~ U -G~ Bill Boyd Boyd Veigel, P.C. P.O. Box 1179 ~cKinney, Texas 75070 SBN 90001936 TEL: (972)562-9700 FAX: (972)562-9600

-=---------....---------'~~~~ ie :ltrong, C.

United States Department of Justice

Jr.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA UNITED STATES OF AMERICA vs.

CONNIE Ce ARMSTRONG, JR.

On

§ § § § §

CRIMINAL NO. 94-0276-CAL

ORDER ON AGREED MOTION

, the Court heard arguments and considered the joint motions

ofthe parties seeking to reverse and to vacate. Court has detennined that it hadjurisdiction over this matter based on arguments presented. Court grants the relief requested. It is ordered that the conviction ofMr. Armstrong is reversed and the Court's judgment entered on August 29, 1997 is vacated. The Court finds that all records surrounding Defendant's arrest and subsequent conviction should be expunged. The Court orders the parties to agree upon and join in any motion for expunction filed on behalf of Connie C. Annstrong, Jr.

Judge Presiding

United States Department of Justice