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10-208 - USA v. WARD


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10-208 - USA v. WARD
March 15, 2016
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MEMORANDUM OPINION AND ORDER signed by CHIEF JUDGE WILLIAM L. OSTEEN, JR on 03/15/2016, that Petitioner's claims (Doc. 38) are dismissed, and that Petitioner's motion to amend (Doc. 44) is GRANTED, that Petitioner's request for proof of jurisdiction (Doc. 47) is DENIED, that Petitioner's motion seeking the appointment of counsel (Doc. 59) is DENIED AS MOOT, and that Petitioner's motion to supplement (Doc. 61) is GRANTED. FURTHER that Petitioner's motion to amend (Doc. 58) is GRANTED and that the Petition pursuant to 28 U.S.C. ยง 2255 as amended as to that one Johnson claim shall be held in ABEYANCE pending the Supreme Courts decision in Welch v. United States, ____ U.S. ____, 136 S. Ct. 790, 193 L. Ed. 2d 534 (2016) (mem.), and the Fourth Circuit Court of Appeals' decision in United States v. Gardner, No. 14-4533 (4th Cir. appeal docketed July 10, 2014). FURTHER that the Government and Petitioner are directed to notify the court within 30 days once opinions have been issued in Welch and Gardner and shall also include in that notification any requests for additional briefing. Civil Case 1:13CV168. (Taylor, Abby)
August 26, 2016
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MEMORANDUM OPINION AND ORDER signed by CHIEF JUDGE WILLIAM L. OSTEEN, JR on 08/26/2016, that Petitioner's Motion (Doc. 38) and Supplemental Motion to Vacate, Set Aside, or Correct Sentence (Doc. 58) are GRANTED as to Petitioner's Johnson claim only for the reasons set forth above, that the Judgment (Doc. 23) is VACATED, and that this matter shall be set for resentencing in light of the Government's concession. All of Petitioner's remaining claims were (and remain) denied and dismissed by prior order for lack of merit. (Doc. 62.) A judgment dismissing this action will be entered contemporaneously with this Memorandum Opinion and Order. Civil Case 1:13CV168. (Taylor, Abby)