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14-079 - USA v. Herman-TV2

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14-079 - USA v. Herman-TV2
March 15, 2017
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ORDER as to Christopher Herman re 27 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 8, 2017
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MEMORANDUM OPINION as to Christopher Herman as set forth in following order. Signed by Chief District Judge Thomas A Varlan on 5/8/17. (ABF)