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15-1316 - Tate v. USA


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15-1316 - Tate v. USA
August 27, 2015
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that the Clerk of Court is directed to forward a copy ofmovants § 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, withinforty-five (45) days of the date of this Memorandum and Order, whether it will be pursuing movants 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. Signed by District Judge Rodney W. Sippel on 8/27/15. (cc: Copy of 2255 to FPD Office)(ARL)
June 15, 2016
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MEMORANDUM AND ORDER re: 18 Amended MOTION to Vacate Sentence and for Resentencing under 28 USC §2255 filed by Petitioner Lorenzo Tate. IT IS HEREBY ORDERED that the Clerk of Court shall notify the United States Probation Office of movants § 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. See Order for additional instructions. Signed by District Judge Rodney W. Sippel on 6/15/16. (CAR)