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13-008 - USA v. Allen-TV1


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13-008 - USA v. Allen-TV1
March 15, 2017
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ORDER as to James Edward Allen re 37 MOTION to Vacate under 28 U.S.C. 2255 . On March 6, 2016, the Supreme Court held that the United States Sentencing Guidelines are not amendable to vagueness challenges. Beckles v. United States, No. 15-8544, 2017 WL 855781, at *7 (U.S. March 6, 2017). Because the Johnson decision does not undermine sentences based on Guideline enhancements, the Court believes summary denial of the above petitions with prejudice might be appropriate. To the extent that the parties disagree, the Court affords the following notice: the parties should file any motion that they want the Court to consider in conjunction with, or prior to, ruling on these petitions on or before April 1, 2017. The deadline for responses is April 15, 2017. Absent such a motion, the Court may summarily dismiss the above cases. Signed by Chief District Judge Thomas A Varlan on March 15, 2017. (JAN, )
May 23, 2017
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MEMORANDUM OPINION as to James Edward Allen finding that the Clerks Office will be DIRECTED to terminate Petitioners 37 ยง 2255 petition and the civil action associated therewith [E.D. Tenn. Case No. 3:16-CV-346-TAV]. The dismissal will be without prejudice and the Clerks Office willterminate the gavel attached to Petitioners 44 notice of voluntary dismissal. The United States 45 motion to deny and dismiss [Doc. 45] will be DENIED as moot. Signed by Chief District Judge Thomas A Varlan on 5/23/2017. (c/m) (MDG)