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16-207 - Barris v. USA


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16-207 - Barris v. USA
August 3, 2016
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that the Clerk of Court is directed to forward a copy of movant' s §. 2255 motion to the Office of the Public Defender for the Eastern District of Missouri. IT IS; FURTHER ORDERED that the Public Defender shall notify this Court, within forty-five (45) days of the date of this Memorandum and Order, whether it will be pursuing movant' s arguments under Johnson, either by filing a written notice in this action of their intent not to represent movant, or by filing an amended motion to vacate, brought pursuant to 28 U.S.C. § 2255, also in this action, or a request in the Court of Appeals for leave to bring a successive § 2255 motion, as required by 28 U.S.C. § 2244(b)(3). IT IS FURTHER ORDERED that the Court shall hold this matter in abeyance for fortyfive (45) days. Response to Court due by 9/19/2016.. Signed by District Judge John A. Ross on 8/3/2016. (JMC)
November 10, 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 Movant's criminal case a new Resentence Report relative to Movant's 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. Specifically, the Court seeks information relating to whether Movant has three or more previous convictions for a "violent felony" or a "serious drug offense," or both, as those terms are defined in the ACCA. 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 Movant's 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 on the same day as the Final Resentence Report is filed by the Probation Office in the criminal case, the Government shall file its response to Movant's motion to vacate in this case. IT IS FURTHER ORDERED that any reply to the Government's 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 John A. Ross on 11/10/2016. (cc: U.S. Probation)(JMC)
January 10, 2017
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that the Petitioner's amended motion to vacate, set aside, or correct sentence pursuant to 28 U.S.C. § 2255 (Doc. 10) is GRANTED. A new sentencing hearing will be scheduled forthwith.IT IS FURTHER ORDERED that the Clerk of the Court is directed to docket a copy of this Memorandum and Order in Petitioner's criminal case, United States v. Barris, No. 1:14-cr-00002-JAR-1 (E.D. Mo.). IT IS FURTHER ORDERED that the Federal Public Defenders motion for leave to withdraw (Doc. 11) is GRANTED.IT IS FINALLY ORDERED that, pursuant to 18 U.S.C. § 3143(a)(1), Petitioner shall remain in the custody of the Federal Bureau of Prisons pending resentencing. A separate order setting a new sentencing hearing and appointing new defense counsel will be entered in Petitioner's criminal case. Signed by District Judge John A. Ross on 1/10/2017. (JMC)