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16-341 - Whaley v. USA


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16-341 - Whaley v. USA
March 23, 2016
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OPINION, MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that the Clerk of Court is directed to forward a copy of movants § 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 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 forty-five (45) days. Response to Court due by 5/7/2016. Signed by District Judge Henry Edward Autrey on 03/23/2016. (CLK)
June 1, 2016
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OPINION MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that the Clerk of Court shall notify the United States Probation Office of movants § 2255 amended 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 movants 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 movants amended motion to vacate in this case. IT IS FURTHER ORDERED that any reply to the Governments response to the amended 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 Henry Edward Autrey on 6/1/16. (KJS)
February 1, 2017
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MEMORANDUM AND ORDER IT IS HEREBY ORDERED that movants motion to lift the stay in this matter [Doc. #12] is GRANTED. IT IS FURTHER ORDERED that Docket No. 12 shall also be interpreted as a supplement to movants motion to vacate.IT IS FURTHER ORDERED that respondent shall have thirty (30) days to respond to movants supplement to its motion to vacate. IT IS FURTHER ORDERED that within a reasonable time, the Office of Probation and Pretrial Services shall file a supplement to its Resentence Report, after reviewing both the supplemental briefing in this matter, as well the Eighth Circuit case of United States v. Bell, 840 F.3d 963 (8th Cir. 2016). IT IS FURTHER ORDERED that within fourteen days of the filing of the Supplemental Resentence Report by the Office of Probation and Pretrial Services, the parties shall file in movants criminal case, simultaneous objections to the Supplemental ResentenceReport, or statements that they have no objections. If objections are filed by either party, a Final Resentence Report shall be filed by the Probation Office within a reasonable time.12 10 Signed by District Judge Henry Edward Autrey on 1/31/17. cc:prob/pretrial(CLA)
April 24, 2017
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OPINION MEMORANDUM AND ORDER IT IS HEREBY ORDERED that this action is DENIED in all respects.IT IS FURTHER ORDERED that the Court will not issue a certificate of appealability. Signed by District Judge Henry Edward Autrey on 4/24/17. (CLA)