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16-969 - Thomas v. USA


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16-969 - Thomas v. USA
July 8, 2016
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that movant may file a supplemental brief no later than August 8, 2016. The Court will hold this action in abeyance until that time. IT IS FURTHER ORDERED that movants motion to stay is DENIED as moot. [ECF No. 1] Signed by District Judge John A. Ross on 7/8/16. (JAB)
August 9, 2016
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that movant's motion for extension of time [ECF No. 6] is GRANTED. Movants brief is due no later than September 7, 2016. Signed by District Judge John A. Ross on 8/9/2016. (CLO)
September 9, 2016
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MEMORANDUM AND ORDER : IT IS HEREBY ORDERED Movant shall have an additional sixty (60) days from the date of this Order in which to file his brief in support of his motion to vacate. IT IS FURTHER 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 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 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. (Response to Court due by 11/8/2016.) (cc:USP). Signed by District Judge John A. Ross on 9/9/16. (KKS)
April 9, 2018
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Movant's Amended Motion to Vacate, Set Aside, or Correct Sentence Under 28 U.S.C. § 2255 21 is GRANTED. IT IS FURTHER ORDERED that the judgment and commitment in United States v. Winfred Thomas, No. 4:03-CR-00479-JAR is VACATED subject to resentencing. IT IS FURTHER ORDERED that the United States Probation Office shall, as promptly as possible, prepare and file in Movants criminal case a new resentencing report. Movant is granted a new sentencing hearing, to be set as soon as the new resentencing report is completed. Movant shall remain in custody pending resentencing. IT IS FURTHER ORDERED that the Clerk of Court shall provide a copy of this Memorandum and Order to the United States Probation Office. IT IS FURTHER ORDERED that the Clerk of Court is directed to docket a copy of this Memorandum and Order in the criminal case, No. 4:03-CR-00479-JAR. A separate Judgment will accompany this Memorandum and Order. Signed by District Judge John A. Ross on 4/9/2018. (CLO)(cc: Probation)