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17-002 - Johnston v. USA


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17-002 - Johnston v. USA
January 10, 2017
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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 ยง 2255 motion to the Office of the Public Defender for the Eastern District of Missouri, Cape Girardeau Office. IT IS FURTHER ORDERED that the Office of the Public Defender shall have thirty(30) days to file an amended motion to vacate in this action if it deems one to be necessary to movant's arguments. IT IS FURTHER ORDERED that after thirty (30) days from the date of this Order (after any amended motion to vacate is filed), and within a reasonable time, 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 Office's 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 afinal 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 Government's response to the motion to vacate shall be filed, in this case, no later than fourteen (14) days from the date theresponse is filed. Amended/Supplemental Pleadings due by 2/9/2017.. Signed by District Judge Henry Edward Autrey on 1/10/17. (MRS)