Sewell v. United States of America (INMATE 3)

Justia Dockets & Filings Eleventh Circuit Alabama Middle District Sewell v. United States of America (INMATE 3)

Sewell v. United States of America (INMATE 3)

Plaintiff:	Timothy Jevon Sewell
Defendant:	United States of America
Case Number:	2:2016cv00460
Filed:	June 20, 2016
Court:	US District Court for the Middle District of Alabama
Office:	Montgomery Office
County:	XX US, Outside State
Presiding Judge:	Susan Russ Walker
Presiding Judge:	William Keith Watkins
Nature of Suit:	Motions to Vacate Sentence
Cause of Action:	28 U.S.C. § 2255
Jury Demanded By:	None

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Date Filed	Document Text
November 28, 2016	Filing 15 MEMORANDUM OPINION AND ORDER: It is ORDERED as follows: (1) Petitioner Timothy Jevon Sewell's 1 Motion to Vacate, Set Aside, or Correct a Sentence by a Person in Federal Custody is GRANTED. (2) The sentence, entered in United States v. Sewe ll, No. 2:03-CR-232 (M.D. Ala. Oct. 26, 2005), is VACATED.(3) A resentencing hearing in United States v. Sewell, No. 2:03-CR-232, is set on 1/13/2017, at 10:30 a.m., in courtroom 2-B of the Frank M. Johnson, Jr. U.S. Courthouse, in Montgomery, Alabam a. Sewell shall remain in custody pending resentencing. The United States Marshal is DIRECTED to arrange for Sewells appearance at this hearing, and the Clerk of the Court is DIRECTED to provide a court reporter. (4) The deadlines in Federal Rules of Criminal Procedure 32 are modified to expedite the resentencing hearing. The United States Probation Office shall prepare an addendum to the PSR, which includes information on Sewells post-conviction conduct, and shall disclose the addendum to Defen dant, counsel for Defendant, the Government, and the court on or before 12/13/2016. Any objections to the PSR addendum shall be filed under seal on or before 12/20/2016. (5) The Clerk of the Court is DIRECTED to file this Memorandum Opinion and Order , along with the accompanying Final Judgment, in United States v. Sewell, 2:03-CR-232 (M.D. Ala.). (6) The Clerk of the Court is DIRECTED to furnish copies of this Order to counsel, to the United States Probation Office, and to the United States Marshal. Signed by Chief Judge William Keith Watkins on 11/28/2016. Copies furnished to AR, USM, counsel, and USPO as directed; copy furnished to Criminal.(dmn, )
August 29, 2016	Filing 11 MEMORANDUM OPINION AND ORDER that a ruling on petitioner's 2255 MOTION is held in abeyance pending additional briefing from the parties; the parties are directed to file briefs on the issues set out in this opinion, and on any other issues the p arties deem relevant to resentencing, as further set out in order; briefs shall be filed on or before 9/8/2016. Signed by Chief Judge William Keith Watkins on 8/29/16. (djy, ) (Main Document 11 replaced on 8/29/2016 to correct typographical error in heading of main PDF document) (qc/djy, ).

Date Filed

Document Text

November 28, 2016

Filing 15 MEMORANDUM OPINION AND ORDER: It is ORDERED as follows: (1) Petitioner Timothy Jevon Sewell's 1 Motion to Vacate, Set Aside, or Correct a Sentence by a Person in Federal Custody is GRANTED. (2) The sentence, entered in United States v. Sewe ll, No. 2:03-CR-232 (M.D. Ala. Oct. 26, 2005), is VACATED.(3) A resentencing hearing in United States v. Sewell, No. 2:03-CR-232, is set on 1/13/2017, at 10:30 a.m., in courtroom 2-B of the Frank M. Johnson, Jr. U.S. Courthouse, in Montgomery, Alabam a. Sewell shall remain in custody pending resentencing. The United States Marshal is DIRECTED to arrange for Sewells appearance at this hearing, and the Clerk of the Court is DIRECTED to provide a court reporter. (4) The deadlines in Federal Rules of Criminal Procedure 32 are modified to expedite the resentencing hearing. The United States Probation Office shall prepare an addendum to the PSR, which includes information on Sewells post-conviction conduct, and shall disclose the addendum to Defen dant, counsel for Defendant, the Government, and the court on or before 12/13/2016. Any objections to the PSR addendum shall be filed under seal on or before 12/20/2016. (5) The Clerk of the Court is DIRECTED to file this Memorandum Opinion and Order , along with the accompanying Final Judgment, in United States v. Sewell, 2:03-CR-232 (M.D. Ala.). (6) The Clerk of the Court is DIRECTED to furnish copies of this Order to counsel, to the United States Probation Office, and to the United States Marshal. Signed by Chief Judge William Keith Watkins on 11/28/2016. Copies furnished to AR, USM, counsel, and USPO as directed; copy furnished to Criminal.(dmn, )

August 29, 2016

Filing 11 MEMORANDUM OPINION AND ORDER that a ruling on petitioner's 2255 MOTION is held in abeyance pending additional briefing from the parties; the parties are directed to file briefs on the issues set out in this opinion, and on any other issues the p arties deem relevant to resentencing, as further set out in order; briefs shall be filed on or before 9/8/2016. Signed by Chief Judge William Keith Watkins on 8/29/16. (djy, ) (Main Document 11 replaced on 8/29/2016 to correct typographical error in heading of main PDF document) (qc/djy, ).

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Plaintiff: Timothy Jevon Sewell
Represented By:	Patricia Vanessa Kemp
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Defendant: United States of America
Represented By:	Todd A. Brown
Represented By:	Kevin P Davidson
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