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16-838 - Holman v. USA


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16-838 - Holman v. USA
June 16, 2016
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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 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, 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. Signed by District Judge Catherine D. Perry on 6/16/2016. (Order and §2255 motion forwarded to FPD via interoffice mail.)(CBL)
July 8, 2016
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MEMORANDUM AND ORDER. 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 movant's criminal case a new Resentence Report relative to movant's 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 movant's 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 movant's 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 movant's motion to vacate in this case. IT IS FURTHER ORDERED that any reply to the Governments response to the 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 Catherine D. Perry on 7/8/16. (EAB)
June 6, 2017
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MEMORANDUM AND ORDER. (See Full Order.) IT IS HEREBY ORDERED that Robert A. Holman's Motions to Vacate, Set Aside or Correct Judgment 1, 4 are granted. IT IS FURTHER ORDERED that the Clerk of Court shall docket a copy of this Memorandum and Order in Criminal Case No. 4:97CR396CDP. Separate judgments in this case and in the criminal case are entered today. Signed by District Judge Catherine D. Perry on 6/6/2017. (CBL)