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16-965 - Bevly v. USA


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16-965 - Bevly v. USA
July 5, 2016
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MEMORANDUM AND ORDER. (See Full Order.) IT IS HEREBY ORDERED that the Clerk of Court shall notify the United States Probation Office of movant's § 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 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 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 Government's 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 E. Richard Webber on 7/5/2016. (CBL)
November 23, 2016
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MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that Petitioner Marlin Bevlys Motion to Correct Sentence under 28 U.S.C. § 2255 is DENIED. Signed by District Judge E. Richard Webber on November 23, 2016. (MCB)
March 7, 2017
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MEMORANDUM AND ORDER (See Full Order) IT IS HEREBY ORDERED that the judgment entered on November 23, 2016, is VACATED. The parties shall appear before the Court on March 15, 2017, at 9:00 a.m. for oral argument. Defendant need not be present at this hearing. Signed by District Judge E. Richard Webber on 3/7/17. (EAB)
March 23, 2017
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MEMORANDUM AND ORDER IT IS HEREBY ORDERED that Motion for Reconsideration of the Court's November 23, 2016 Memorandum and Order [ECF No. 9] is GRANTED, in part, and DENIED, in part. IT IS FURTHER ORDERED that Petitioner Marlin Bevly's Motion to Correct Sentence under 28 U.S.C. § 2255 is DENIED, and DISMISSED. Signed by District Judge E. Richard Webber on 3/23/17. (KXS)