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16-2148 - Boyd v. USA


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16-2148 - Boyd v. USA
December 29, 2016
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MEMORANDUM AND ORDER (See Full Order) IT IS HEREBY ORDERED that the Clerk of Court is directed to forward a copy of movant's § 2255 motion to the Office of the Public Defender for the Eastern District of Missouri. IT IS FURTHER ORDERED that the Public Defender shall notify this Court, within forty-five (45) days of the date of this Memorandum and Order, whether it will be pursuing movant's 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 12/29/16. (EAB) (Copy of motion and order sent to Federal Public Defender on 12/29/16). (EAB)
February 27, 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 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 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 E. Richard Webber on February 27, 2017. (Copy sent to U.S. Probation Office this date.)(MCB)
April 12, 2017
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MEMORANDUM AND ORDER - Accordingly, IT IS HEREBY ORDERED that Petitioner Willie E. Boyd's Motion Request for Status Update on the Resentence Report [ECF No. 9] is DENIED. IT IS FURTHER ORDERED that Petitioner Willie E. Boyd's Motion Waiving Resentencing Hearing, and/or Telephone Conference [ECF No. 10] will be held in abeyance. Signed by District Judge E. Richard Webber on April 12, 2017. (MCB)
May 31, 2017
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MEMORANDUM AND ORDER. This matter is before the Court on movant's motions to waive appearance at sentencing and to expedite this case. Movant's motion to waive appearance should be filed in his criminal action. This case is proceeding in a timely matter. Accordingly, IT IS HEREBY ORDERED that movant's motions to waive appearance at sentencing and to expedite this case are DENIED. (Doc. Nos. 10, 17) Signed by District Judge E. Richard Webber on 5/31/17. (EAB)
August 25, 2017
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MEMORANDUM AND ORDER. (See Full Order.) IT IS HEREBY ORDERED that Petitioner Willie E. Boyd's Motion to Vacate [ECF No. 1] is GRANTED. IT IS FURTHER ORDERED that Petitioner's Renewed Motion Waiving Resentencing Hearing, for teleconference Hearing, if Necessary [ECF No. 22] is DENIED. IT IS FURTHER ORDERED that Petitioner's Motion Request to Expedite the Proceedings, Pursuant to Title 28 U.S.C. § 1657, for Possible Immediate Release [ECF No. 26] is DENIED, as moot. Any additional orders as to Petitioners resentencing will be issued in his criminal case, 4:97CR00301 ERW. Signed by District Judge E. Richard Webber on 8/25/2017. (CBL)