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13-2131 - Betts v. United States of America


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13-2131 - Betts v. United States of America
July 24, 2015
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MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that the Court will hold an evidentiary hearing on whether Betts requested an appeal. IT IS FURTHER ORDERED that Betts motion to appoint counsel #3 is GRANTED. Brent Labovitz, 7700 Bonhomme Ave., Suite 350, St. Louis, Missouri 63105, 314-726-1300, is appointed to represent movant in this matter pursuant to 18 U.S.C. § 3006A. If requested, the Clerk of the Court shall provide movants newly-appointed counsel with a complete copy of the court file at no cost including any sealed documents required by counsel in the related case number 4:11 CR 521 RWS.IT IS FURTHER ORDERED that a status conference with counsel only is set for Friday, August 7, 2015 at 11:30 a.m. in my chambers, 16-South, to discuss scheduling and other matters. Signed by District Judge Rodney W. Sippel on 7/24/15. (KJS)
April 18, 2016
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MEMORANDUM AND ORDER. IT IS HEREBY ORDERED that the evidentiary hearing that was set for April 25, 2016 at 9:30 a.m. is VACATED. IT IS FURTHER ORDERED that the parties shall file the joint memorandum in compliance with this Memorandum and Order no later than April 29, 2016 (Response to Court due by 4/29/2016). Signed by District Judge Rodney W. Sippel on 4/18/16. (CAR)
June 27, 2016
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that the motion #1 and amended motion #19 of Sedaka Damon Betts to vacate, set aside or correct his sentence pursuant to 28 U.S.C. § 2255 are GRANTED in part and DENIED in part as moot without prejudice. The motions are granted only with regards to Petitioner's claim that he received ineffective assistance of counsel and the right to appeal based on trial counsel's failure to file a timely notice of appeal as requested. All remaining grounds in Petitioners motion are denied as moot without prejudice. IT IS FURTHER ORDERED that the parties shall file any stipulations as to the term of imprisonment to which Petitioner should be resentenced, and Petitioner shall file an affidavit indicating whether he consents to the stipulated-to term of imprisonment and to being absent from the resentencing hearing, by no later than September 23, 2016. IT IS FURTHER ORDERED that a Resentencing Hearing is set for Thursday, September 29, 2016 at 2:00 p.m. in Courtroom 16-South. IT IS FURTHER ORDERED that the Clerk of the Court shall file a copy of this Memorandum and Order in the criminal case United States v. Sedaka Damon Betts 4:11 CR 521 RWS. Signed by District Judge Rodney W. Sippel on 6/27/16. (ARL)