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16-972 - Whittaker v. USA


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16-972 - Whittaker v. USA
July 18, 2016
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MEMORANDUM AND ORDER -...IT IS HEREBY ORDERED that Petitioner's motion to stay this action [Doc. #2] is DENIED AS MOOT. IT IS FURTHER ORDERED that Petitioner's amended motion to vacate is due to this Court no later than forty-five (45) days from the date of this Order. ( Response to Court due by 9/2/2016.). Signed by District Judge Charles A. Shaw on 7/18/2016. (MRC)
May 12, 2017
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MEMORANDUM AND 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 theSupreme 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 United States Probation Office 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 Charles A. Shaw on 5/12/2017. (MRC)
August 10, 2017
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MEMORANDUM AND ORDER -....IT IS HEREBY ORDERED that the government is granted leave to file its objection to the presentence investigation report out of time. IT IS FURTHER ORDERED that the government's motion to stay a ruling on movant's § 2255 motion for post-conviction relief is DENIED. [Doc. 20]. IT IS FURTHER ORDERED that the Clerk of Court shall file a copy of this Memorandum and Order in movant's criminal case file, United States v. Whittaker, 4:04-CR-26 CAS. IT IS FURTHER ORDERED that the government shall file its response to movant's § 2255 motion by August 17, 2017. ( Response to Court due by 8/17/2017.). Signed by District Judge Charles A. Shaw on 8/10/2017. (MRC)