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16-803 - McKinney v. USA


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16-803 - McKinney v. USA
June 8, 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. IT IS FURTHER ORDERED that the Court shall hold this matter in abeyance for forty- five (45) days. (Copy of Order and document 1 forwarded to FPD) Response to Court due by 7/23/2016.. Signed by District Judge John A. Ross on 6/8/16. (KKS)
August 19, 2016
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MEMORANDUM AND ORDER : IT IS HEREBY ORDERED that the parties' joint motion to vacate, set aside, or correct Movant Steven McKinneys sentence under 28 U.S.C. § 2255 (Doc. 7) is GRANTED. An amended judgment will be entered in United States v. McKinney, No. 4:02-cr-56-JAR-1. This Memorandum and Order does not disturb any sentence imposed in United States v. McKinney, No. 4:94- cr-269-JCH-1. IT IS FURTHER ORDERED that the Clerk of Court is directed to docket a copy of this Memorandum and Order in United States v. McKinney, No. 4:02-cr-56-JAR-1. IT IS FINALLY ORDERED that McKinneys original pro se motion for relief under 28 U.S.C. § 2255 (Doc. 1) and amended motion for relief under 28 U.S.C. § 2255 (Doc. 5) are DENIED as moot. Signed by District Judge John A. Ross on 8/19/2016. (CLO)