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16-1112 - Earnest v. USA


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16-1112 - Earnest v. USA
July 11, 2016
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shall notify this Court, within forty-five (45) days of the date of this Memorandum and Order, whether it will be pursuing movants arguments under Johnson, either by filing a written notice in this action of their intent not to represent movant, or by filing an amended motion to vacate, brought pursuant to 28 U.S.C. § 2255, also in this action, or a request in the Court of Appeals for leave to bring a successive § 2255 motion, as required by 28 U.S.C. § 2244(b) (3). IT IS FURTHER ORDERED that the Court shall hold this matter in abeyance for forty-five (45) days. Signed by District Judge E. Richard Webber on 7/11/16. (EAB) (Copy of Order sent to U.S. Probation on 7/11/16). (EAB). (Copy of Order sent to Federal Public Defender Kevin Curran on 7/12/2016 via interoffice mail.) (CBL).MEMORANDUM AND ORDER. IT IS HEREBY ORDERED that the Clerk of Court is directed to forward a copy of movants § 2255 motion to the Office of the Public Defender for the Eastern District of Missouri. IT IS FURTHER ORDERED that the Public Defender
September 2, 2016
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MEMORANDUM AND ORDER. By Order dated July 11, 2016, the Court referred this case to the Federal Public Defender and provided forty-five (45) days for review to determine whether to represent movant in bringing a claim for reduction of his sentence under Johnson v. United States, 135 S.Ct. 2551 (2015). That time period has expired and nothing has been filed. Accordingly, IT IS HEREBY ORDERED that the Public Defender must notify the Court no later than Wednesday, September 21, 2016, whether it intends to represent movant on this matter. Signed by District Judge E. Richard Webber on 9/2/16. (EAB) (Copy sent to Federal Public Defender on 9/2/16) (EAB).
March 14, 2017
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MEMORANDUM AND ORDER. (See Full Order.) Earnest's § 2255 motion rests upon the contention that the § 4B1.2(a)(2) residual clause is void for vagueness. In light of Beckles, his argument can no longer be sustained. Accordingly, Earnest's motion under 28 U.S.C. § 2255 will be denied. IT IS HEREBY ORDERED Petitioner Eric Earnest's Motion to Correct Sentence under 28 U.S.C. § 2255 [ECF No. 1] is DENIED. Signed by District Judge E. Richard Webber on 3/14/2017. (CBL)