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16-998 - Beck v. USA


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16-998 - Beck v. USA
July 13, 2016
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MEMORANDUM AND ORDER as to Petitioner Richard D. Beck ; IT IS HEREBY ORDERED that movant's motion to stay [ECF No. 2] is DENIED as moot. IT IS FURTHER 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 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 Offices 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. (copy forwarded to US Probation Office). Signed by District Judge John A. Ross on 7/13/16. (KKS)
April 9, 2018
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Movant's Motion to Correct Sentence Under 28 U.S.C. § 2255 1 is GRANTED. IT IS FURTHER ORDERED that the judgment and commitment in United States v. Richard D. Beck, No. 4:96-CR-00084-JAR-1 is VACATED subject to resentencing. IT IS FURTHER ORDERED that the United States Probation Office shall promptly prepare and file in Movant's criminal case a new resentencing report on Mr. Beck. Movant is granted a new sentencing hearing, to be set as soon as the new resentencing report is completed. Mr. Beck shall remain in custody pending the sentencing hearing. 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. 4:96-CR-00084-JAR-1. IT IS FINALLY ORDERED that Petitioner's Motion to Expedite Civil Action Under 28 U.S.C. § 1657 23 is DENIED as moot. A separate Judgment will accompany this Memorandum and Order. Signed by District Judge John A. Ross on 4/9/2018. (CLO)(cc: Probation)