Skip to content.
About GPO   |   Newsroom/Media   |   Congressional Relations   |   Inspector General   |   Careers   |   Contact   |   askGPO   |   Help  
 

  FDsys > More Information
(Search string is required)
 

16-156 - Stoner v. USA


Download Files

Metadata

Document in Context
16-156 - Stoner v. USA
August 22, 2016
PDF | More
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that the Clerk of Court shall notify the United States Probation Office of movants ยง 2255 motion to vacate and that it is brought pursuant to the Supreme Court case of Johnson v. United States,135 S. Ct. 2551 (2015). IT IS FURTHER ORDERED that, within a reasonable time, and in its usual course of business, the United States Probation Office shall prepare and file in movants criminal case a new Resentence Report relative to movants contentions under Johnson, which shall be filed under seal, with access to the Court and the parties who have entered their appearance in this matter. IT IS FURTHER ORDERED that within fourteen (14) days of the filing of the Probation Offices Disclosure Copy of the Resentence Report, the parties shall file, in movants criminal case, simultaneous objections to the Resentence Report or statements that they have no objection. Within seven (7) days of such time, the United States Probation Office shall file a final copy of the Resentence Report in movants criminal case. IT IS FURTHER ORDERED that within fourteen (14) days of the filing of the Final Resentence Report by the Probation Office in the criminal case, the Government shall file its response to movants motion to vacate in this case. IT IS FURTHER ORDERED that any reply to the Governments response to the motion to vacate shall be filed, in this case, no later than fourteen (14) days from the date the response is filed. IT IS FURTHER ORDERED that movant's motion to stay is DENIED as moot. [Doc. 2]. Signed by District Judge Charles A. Shaw on 8/22/2016. (Memo forwarded to Cape Probation Office)(JMC)
June 12, 2017
PDF | More
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that movant Elton Lloyd Stoner's Amended Motion to Vacate, Set Aside, or Correct Sentence is GRANTED. [Doc. 10]IT IS FURTHER ORDERED that movant Elton Lloyd Stoner's Motion to Vacate, SetAside, or Correct Sentence is DENIED as moot. [Doc. 1] IT IS FURTHER ORDERED that the judgment and commitment in United States v. Elton Lloyd Stoner, No. 1:07-CR-170 CAS, filed June 9, 2008 (Crim. Doc. 36) is VACATED. IT IS FURTHER ORDERED that the United States Probation Office shall promptly prepare an updated presentence investigation report on Mr. Stoner. Movant is granted a newsentencing hearing, to be set as soon as the presentence investigation report is completed. Mr. Stoner shall remain in custody pending the sentencing hearing. IT IS FURTHER ORDERED that the Clerk of the Court shall provide a copy of this Memorandum and Order to the United States Probation Office. IT IS FURTHER ORDERED that the Clerk of the Court is directed to docket a copy of this Memorandum and Order in the criminal case, No. 1:07-CR-170 CAS.An appropriate judgment will accompany this Memorandum and Order. Signed by District Judge Charles A. Shaw on 6/12/2017. (JMC) Modified on 6/13/2017 (JMC). (cc: U.S. Probation)