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16-162 - Banks v. USA


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16-162 - Banks v. USA
June 29, 2016
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MEMORANDUM AND ORDER..IT IS HEREBY ORDERED that the Clerk of Court shall notify the United States Probation Office of movant's § 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 Office of Probation and Pretrial Services shall file a final copy of the Resentence Report in movant's 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. Signed by District Judge Rodney W. Sippel on 6/29/16. (MRS)
October 12, 2016
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MEMORANDUM AND ORDER..This matter is before me on movant's pro se motion for immediate release. Movant is represented by counsel. So, he does not have a right to appear before the Court pro se. E.g., United States v. Swinney, 970 F.2d 494, 498 (8th Cir. 1992). As a result, the motion is denied.IT IS HEREBY ORDERED that movants pro se motion for immediate release [ECF No. 10] is DENIED.. Signed by District Judge Rodney W. Sippel on 10/12/16. (MRS)
April 6, 2018
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MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that Petitioner George C. Banks Motion to vacate under 18 U.S.C. § 2255 is DENIED. IT IS FURTHER ORDERED that this court will issue a certificate of appealability. An appropriate judgment will accompany this Memorandum and Order. Signed by District Judge Rodney W. Sippel on 4/6/18. (KJS)