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16-951 - McCoy v. USA


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16-951 - McCoy v. USA
July 6, 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 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 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 movants 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. (cc: probation) Signed by District Judge Rodney W. Sippel on 7/6/2016. (KMS)
March 13, 2017
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MEMORANDUM AND ORDER : IT IS HEREBY ORDERED that Duane McCoy's amended motion to vacate sentence under 28 U.S.C. § 2255 #1 is DENIED. A separate judgment will issue. IT IS FURTHER ORDERED that I will not issue a Certificate of Appealability because McCoy has not made a substantial showing that he has been denied a constitutional right. 28 U.S.C. § 2253(c)(2).. Signed by District Judge Rodney W. Sippel on 3/13/17. (LGK)