United States Government Publishing Office publisher pbl distributor dst United States United States District Court Northern District of Georgia author aut Government Organization text government publication eng USCOURTS Judicial Publications judicial 2026-09-09 Administrative Office of the United States Courts 2026-09-08 monographic deposited born digital 10 digital object pages JU 4.15 https://www.govinfo.gov/app/details/USCOURTS-gand-1_24-cr-00113 P0b002ee1e7fe0348 DGPO 2026-09-09 2026-09-09 USCOURTS-gand-1_24-cr-00113 machine generated eng fdlp USCOURTS USCOURTS-gand-1_24-cr-00113 District gand 11th Georgia 2122 1:24-cr-00113 Atlanta criminal 1:24-cr-00113 https://www.govinfo.gov/app/details/USCOURTS-gand-1_24-cr-00113 JU 4.15 1:24-cr-00113;24-113 United States District Court Northern District of Georgia 11th Circuit Atlanta U.S. Courts author aut Mamadou D'Jire D'Jire Mamadou Defendant USA USA Plaintiff USCOURTS USCOURTS-gand-1_24-cr-00113 District gand 11th Georgia 2122 1:24-cr-00113 Atlanta criminal Georgia REPORT AND RECOMMENDATION as to Mamadou D'Jire recommending that that the 14 MOTION to Vacate, set aside or correct sentence under 28 U.S.C. 2255 (Civil Action 1:25-cv-04739-SCJ-CMS) be granted for the sole purpose of reinstating his appeal rights. If the Court grants DJire the right to file an out-of-time appeal, it is further recommended that the other claims in the Motions to Vacate be dismissed without prejudice so that DJire may reassert those claims, if necessary, after the conclusion of his appeal. Signed by Magistrate Judge Catherine M. Salinas on 07/14/2026. (ddm) 0 2026-07-14 D09002ee1e7ffef03 https://www.govinfo.gov/app/details/USCOURTS-gand-1_24-cr-00113/USCOURTS-gand-1_24-cr-00113-0 gand-1_24-cr-00113_0.pdf https://www.govinfo.gov/app/details/USCOURTS-gand-1_24-cr-00113/USCOURTS-gand-1_24-cr-00113-0 https://www.govinfo.gov/content/pkg/USCOURTS-gand-1_24-cr-00113/pdf/USCOURTS-gand-1_24-cr-00113-0.pdf USCOURTS 1:24-cr-00113; USA v. D'Jire; United States District Court Northern District of Georgia Georgia USCOURTS-gand-1_24-cr-00113-0 0 2026-07-14 REPORT AND RECOMMENDATION as to Mamadou D'Jire recommending that that the 14 MOTION to Vacate, set aside or correct sentence under 28 U.S.C. 2255 (Civil Action 1:25-cv-04739-SCJ-CMS) be granted for the sole purpose of reinstating his appeal rights. If the Court grants DJire the right to file an out-of-time appeal, it is further recommended that the other claims in the Motions to Vacate be dismissed without prejudice so that DJire may reassert those claims, if necessary, after the conclusion of his appeal. Signed by Magistrate Judge Catherine M. Salinas on 07/14/2026. (ddm) ORDER: The Court HEREBY ADOPTS the R&R (Doc. No. 21 in No. 1:24-cr-00113 and Doc. No. 66 in 1:16-cr-00100) and elects the latter, preferrable option of exercising its discretion to grant Defendant D'Jire an opportunity to appeal. Accordingly, the instant 28 U.S.C. § 2255 motions to vacate (Doc. No. 14 in No. 1:24-cr-00113 and Doc. No. 64 in No. 1:16-cr-00100) are GRANTED IN PART for the sole purpose of reinstating his appeals rights and DENIED IN PART as to all remaining claims without prejudice to Movant raising those claims (or any other claims) in a § 2255 motion filed after Movant's direct appeal is complete. Accordingly, this Court hereby GRANTS Movant an out-of-time appeal. (1) The criminal judgment as to MAMADOU D'JIRE in action No. 1:24-cr-00113, Doc. No. 8 and order revoking supervised release, judgment and commitment (Doc. No. 61, No. 1:16-cr-00100) are VACATED. (2) The sentence of imprisonment, the term of supervised release, restitution, and the special assessment imposed by this Court on August 16, 2024 as well as the consecutive term of twenty-four months imprisonment (with no additional term of supervised release) entered on August 16, 2024, are hereby REIMPOSED with appropriate credit for time already served and sums of the special assessment and restitution that may have already been paid, and the Clerk is DIRECTED to docket new judgments (in Case Nos. 1:24-cr-00113 and 1:16-cr-00100 respectively) dated the day this order is entered. (3) Movant is hereby ADVISED that: (a) he has the right to an appeal; (b) if he is unable to pay the cost of an appeal, he may apply for in forma pauperis status to pursue the appeal; (c) if he so requests, the Clerk of this Court will prepare and file a notice of appeal on his behalf; ( d) if he is unable to afford counsel for the appeal, an attorney will be appointed for him; and (e) with few exceptions, any notice of appeal must be filed within FOURTEEN DAYS of the date the Court reimposes the sentence. The Clerk is further DIRECTED to immediately submit this matter to the Magistrate Judge to appoint counsel for Movant in Case Nos. 1:24-cr-00113 and 1:16-cr-00100. Signed by Judge Steve C. Jones on 9/08/2026. (rsg) 1 2026-09-08 D09002ee1e7ffef04 https://www.govinfo.gov/app/details/USCOURTS-gand-1_24-cr-00113/USCOURTS-gand-1_24-cr-00113-1 gand-1_24-cr-00113_1.pdf https://www.govinfo.gov/app/details/USCOURTS-gand-1_24-cr-00113/USCOURTS-gand-1_24-cr-00113-1 https://www.govinfo.gov/content/pkg/USCOURTS-gand-1_24-cr-00113/pdf/USCOURTS-gand-1_24-cr-00113-1.pdf USCOURTS 1:24-cr-00113; USA v. D'Jire; United States District Court Northern District of Georgia Georgia USCOURTS-gand-1_24-cr-00113-1 1 2026-09-08 ORDER: The Court HEREBY ADOPTS the R&R (Doc. No. 21 in No. 1:24-cr-00113 and Doc. No. 66 in 1:16-cr-00100) and elects the latter, preferrable option of exercising its discretion to grant Defendant D'Jire an opportunity to appeal. Accordingly, the instant 28 U.S.C. § 2255 motions to vacate (Doc. No. 14 in No. 1:24-cr-00113 and Doc. No. 64 in No. 1:16-cr-00100) are GRANTED IN PART for the sole purpose of reinstating his appeals rights and DENIED IN PART as to all remaining claims without prejudice to Movant raising those claims (or any other claims) in a § 2255 motion filed after Movant's direct appeal is complete. Accordingly, this Court hereby GRANTS Movant an out-of-time appeal. (1) The criminal judgment as to MAMADOU D'JIRE in action No. 1:24-cr-00113, Doc. No. 8 and order revoking supervised release, judgment and commitment (Doc. No. 61, No. 1:16-cr-00100) are VACATED. (2) The sentence of imprisonment, the term of supervised release, restitution, and the special assessment imposed by this Court on August 16, 2024 as well as the consecutive term of twenty-four months imprisonment (with no additional term of supervised release) entered on August 16, 2024, are hereby REIMPOSED with appropriate credit for time already served and sums of the special assessment and restitution that may have already been paid, and the Clerk is DIRECTED to docket new judgments (in Case Nos. 1:24-cr-00113 and 1:16-cr-00100 respectively) dated the day this order is entered. (3) Movant is hereby ADVISED that: (a) he has the right to an appeal; (b) if he is unable to pay the cost of an appeal, he may apply for in forma pauperis status to pursue the appeal; (c) if he so requests, the Clerk of this Court will prepare and file a notice of appeal on his behalf; ( d) if he is unable to afford counsel for the appeal, an attorney will be appointed for him; and (e) with few exceptions, any notice of appeal must be filed within FOURTEEN DAYS of the date the Court reimposes the sentence. The Clerk is further DIRECTED to immediately submit this matter to the Magistrate Judge to appoint counsel for Movant in Case Nos. 1:24-cr-00113 and 1:16-cr-00100. Signed by Judge Steve C. Jones on 9/08/2026. (rsg)