West v. Barnhart

West v. Barnhart

Petitioner:	James Robert West
Respondent:	J. Barnhart
Case Number:	6:2018cv00126
Filed:	April 18, 2018
Court:	US District Court for the Eastern District of Kentucky
Office:	London Office
County:	Clay
Presiding Judge:	Danny C. Reeves
Presiding Judge:	P SO
Nature of Suit:	General
Cause of Action:	28 U.S.C. § 2241
Jury Demanded By:	None

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Date Filed	Document Text
July 18, 2018	Filing 12 MEMORANDUM OPINION & ORDER: 1. West's petition for a writ of habeas corpus [Record No. 1 ] is GRANTED. 2. West's sentence is VACATED, for the limited purpose of conducting a resentencing hearing on Count 1 of the superseding indictme nt in Lexington Criminal Action No. 5: 10-034-KKC-EBA, and the filing of a new judgment consistent with the sentence imposed during that hearing. The re-sentencing hearing shall be held on a date and at a time selected by the presiding judge. 3. The Clerk of the Court is directed to select an attorney from the CJA list by random draw who will be appointed to represent West during resentencing proceedings. 4. The Clerk of the Court is directed to file this Memorandum Opinion and Order in th e above-captioned matter and in Lexington Criminal Action No. 5: 10-CR-034-KKC-EBA. All future filings shall be made only in Lexington Criminal Action No. 5: 10-CR-034-KKC-EBA. Signed by Judge Danny C. Reeves on 07/18/2018.(KJA)cc: COR, Lexington Clerk, pro se filer via US Mail

Date Filed

Document Text

July 18, 2018

Filing 12 MEMORANDUM OPINION & ORDER: 1. West's petition for a writ of habeas corpus [Record No. 1 ] is GRANTED. 2. West's sentence is VACATED, for the limited purpose of conducting a resentencing hearing on Count 1 of the superseding indictme nt in Lexington Criminal Action No. 5: 10-034-KKC-EBA, and the filing of a new judgment consistent with the sentence imposed during that hearing. The re-sentencing hearing shall be held on a date and at a time selected by the presiding judge. 3. The Clerk of the Court is directed to select an attorney from the CJA list by random draw who will be appointed to represent West during resentencing proceedings. 4. The Clerk of the Court is directed to file this Memorandum Opinion and Order in th e above-captioned matter and in Lexington Criminal Action No. 5: 10-CR-034-KKC-EBA. All future filings shall be made only in Lexington Criminal Action No. 5: 10-CR-034-KKC-EBA. Signed by Judge Danny C. Reeves on 07/18/2018.(KJA)cc: COR, Lexington Clerk, pro se filer via US Mail

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Petitioner: James Robert West
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Respondent: J. Barnhart
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