Petite v. United States of America

Petite v. United States of America

Plaintiff:	Michael Petite
Defendant:	United States of America
Case Number:	8:2016cv01549
Filed:	June 13, 2016
Court:	US District Court for the Middle District of Florida
Office:	Tampa Office
County:	Hillsborough
Presiding Judge:	Amanda Arnold Sansone
Presiding Judge:	James S. Moody
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
July 20, 2016	Filing 6 ORDER granting 1 Motion to vacate/set aside/correct sentence (2255). The sentence in case no. 8:11-cr-246-T-30AAS at Doc. 32 is VACATED. A resentencing hearing shall be set by separate order. The Clerk is directed to close this case and deny any pending motions as moot. Signed by Judge James S. Moody, Jr on 7/20/2016. (LN)
July 6, 2016	Filing 2 ORDER: Within thirty (30) days of the date of this Order, counsel for Petitioner and the government shall confer in a good faith effort to come to an agreement whether Petitioner, in light of Johnson, has the requisite number of predicate offens es to qualify for enhancement under the ACCA. At the end of the thirty days, the parties shall advise the Court in writing whether they have reached an agreement, and, if so, the substance of that agreement. Any agreement will remain subject to the approval of the Court. If counsel are unable to agree, or if the Court rejects the agreement reached by the parties, the government shall file a response to Petitioner's motion within thirty (30 days) of either the filing of a notice of non-ag reement or rejection of the parties' agreement by the Court. Petitioner shall then have fourteen (14) days to file a reply. The United States Probation Office is directed to assist the attorneys by offering its expertise in resolving the issue of whether the Petitioner continues to qualify for an enhanced sentence under the ACCA. Signed by Judge James S. Moody, Jr on 7/6/2016. (LN)

Date Filed

Document Text

July 20, 2016

Filing 6 ORDER granting 1 Motion to vacate/set aside/correct sentence (2255). The sentence in case no. 8:11-cr-246-T-30AAS at Doc. 32 is VACATED. A resentencing hearing shall be set by separate order. The Clerk is directed to close this case and deny any pending motions as moot. Signed by Judge James S. Moody, Jr on 7/20/2016. (LN)

July 6, 2016

Filing 2 ORDER: Within thirty (30) days of the date of this Order, counsel for Petitioner and the government shall confer in a good faith effort to come to an agreement whether Petitioner, in light of Johnson, has the requisite number of predicate offens es to qualify for enhancement under the ACCA. At the end of the thirty days, the parties shall advise the Court in writing whether they have reached an agreement, and, if so, the substance of that agreement. Any agreement will remain subject to the approval of the Court. If counsel are unable to agree, or if the Court rejects the agreement reached by the parties, the government shall file a response to Petitioner's motion within thirty (30 days) of either the filing of a notice of non-ag reement or rejection of the parties' agreement by the Court. Petitioner shall then have fourteen (14) days to file a reply. The United States Probation Office is directed to assist the attorneys by offering its expertise in resolving the issue of whether the Petitioner continues to qualify for an enhanced sentence under the ACCA. Signed by Judge James S. Moody, Jr on 7/6/2016. (LN)

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Plaintiff: Michael Petite
Represented By:	Rosemary Cakmis(Designation Public Defender or Community Defender Appointment)
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Defendant: United States of America
Represented By:	Francis D. Murray
Represented By:	Sara C. Sweeney
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