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16-1665 - Redd v. USA


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16-1665 - Redd v. USA
November 15, 2016
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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 ยง 2255 motion to vacate and that it is brought pursuant to Johnson v. United States. 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 11/15/2016. (MRC)
February 16, 2017
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that movant Kenneth Redd's Motion to Vacate, Set Aside, or Correct Sentence is GRANTED. [Docs. 1, 4] IT IS FURTHER ORDERED that the judgment and commitment in United States v. Kenneth Redd, No. 4:05-CR-458 CAS, filed February 23, 2006 (Crim. Doc. 69) is VACATED. IT IS FURTHER ORDERED that the United States Probation Office shall promptly prepare an updated presentence investigation report on Mr. Redd. Movant is granted a new sentencing hearing, to be set as soon as the presentence investigation report is completed. Until the sentencing hearing, Mr. Redd's detention order (Crim. Doc. 11) remains in full force and effect. IT IS FURTHER ORDERED that the Clerk of the Court shall provide a copy of this Memorandum and Order to the United States Probation Office. IT IS FURTHER ORDERED that the Clerk of the Court is directed to docket a copy of this Memorandum and Order in the criminal case, No. 4:05-CR-458 CAS. An appropriate judgment will accompany this Memorandum and Order. Signed by District Judge Charles A. Shaw on 2/16/17. (JWD)