USA v. Michel Withers

USA v. Michel Withers

Plaintiff:	United States of America
Defendant:	Michel Withers
Case Number:	2:2003cv06459
Filed:	February 6, 2017
Court:	US District Court for the Central District of California
Office:	Western Division - Los Angeles Office
Presiding Judge:	Christina A. Snyder
Nature of Suit:	Prisoner: Vacate Sentence
Cause of Action:	28 U.S.C. § 2255 Motion to Vacate / Correct Illegal Sentence

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Date Filed	Document Text
February 6, 2017	Filing 52 ORDER by Judge Christina A. Snyder: Withers has filed two motions related to his sentence, which are pending before the Court. The first motion, originally filed on 9/10/2003, seeks habeas relief pursuant to 28 U.S.C. Section 2255 1 . Withers's second motion, filed 5/11/2015, seeks modification of his sentence pursuant to 18 U.S.C. Section 3582(c) (Criminal Case No. CR 97-1085 CAS). For the reasons that follow, the Court will grant both motions. Withers has demonstrated that his Sixth Amen dment right to a public trial was violated when Judge Real closed the courtroom during the entirety of voir dire and opening argument. Withers has also demonstrated that he is eligible for a sentence reduction pursuant to 28 U.S.C. Section 3582(c)(2) and Amendment 782, and that such a reduction is appropriate. The parties shall each file a statement by 3/9/2017, setting forth their views as to appropriate next steps, including what remedy should be afforded under 28 U.S.C. Section 2255(b), and w hat the appropriate guideline range is after application of Amendment 782. The Court will hold a hearing on the matter on 3/23/2017 at 12:00 PM before Judge Christina A. Snyder. The U.S. Attorney is ordered to issue a writ to assure the defendant's presence at the 3/23/2017 hearing, at 12:00 PM. (Made JS-6. Case Terminated.) (gk)

Date Filed

Document Text

February 6, 2017

Filing 52 ORDER by Judge Christina A. Snyder: Withers has filed two motions related to his sentence, which are pending before the Court. The first motion, originally filed on 9/10/2003, seeks habeas relief pursuant to 28 U.S.C. Section 2255 1 . Withers's second motion, filed 5/11/2015, seeks modification of his sentence pursuant to 18 U.S.C. Section 3582(c) (Criminal Case No. CR 97-1085 CAS). For the reasons that follow, the Court will grant both motions. Withers has demonstrated that his Sixth Amen dment right to a public trial was violated when Judge Real closed the courtroom during the entirety of voir dire and opening argument. Withers has also demonstrated that he is eligible for a sentence reduction pursuant to 28 U.S.C. Section 3582(c)(2) and Amendment 782, and that such a reduction is appropriate. The parties shall each file a statement by 3/9/2017, setting forth their views as to appropriate next steps, including what remedy should be afforded under 28 U.S.C. Section 2255(b), and w hat the appropriate guideline range is after application of Amendment 782. The Court will hold a hearing on the matter on 3/23/2017 at 12:00 PM before Judge Christina A. Snyder. The U.S. Attorney is ordered to issue a writ to assure the defendant's presence at the 3/23/2017 hearing, at 12:00 PM. (Made JS-6. Case Terminated.) (gk)

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Plaintiff: United States of America
Represented By:	Christopher M Brunwin
Represented By:	Assistant 2241-2255 US Attorney LA-CR
Represented By:	Jennifer Y Chou
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Defendant: Michel Withers
Represented By:	Verna Wefald
Represented By:	Federal Public Defender
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