Byrd v. USA
Petitioner: Danny Lee Byrd
Respondent: USA
Case Number: 1:2016cv00103
Filed: May 19, 2016
Court: US District Court for the Eastern District of Missouri
Office: Cape Girardeau Office
County: Mississippi
Presiding Judge: Henry E. Autrey
Nature of Suit: Motions to Vacate Sentence
Cause of Action: 28 U.S.C. ยง 2255
Jury Demanded By: None
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Date Filed Document Text
October 22, 2018 Opinion or Order Filing 16 AMENDED OPINION MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that the Clerk of Court shall notify the United States Probation Office of movant's § 2255 motion to vacate and that it is brought pursuant to the Supreme Court case of Johnson v. United States,135 S.Ct. 2551 (2015). IT IS FURTHER ORDERED that, within three weeks of the date of this Order, the United States Probation Office shall prepare and file in movant's criminal case a new Resentence Report relative to movant's contentions under Johnson, which shall be filed under seal, with access to the Court and the parties who have entered their appearance in this matter. IT IS FURTHER ORDERED that within five (5) days of the filing of the Probation Office's Disclo sure Copy of the Resentence Report, the parties shall file, in movant's criminal case, simultaneous objections to the Resentence Report or statements that they have no objection. Within seven (7) days of such time, the United States Probation Of fice shall file a final copy of the Resentence Report in movants criminal case. IT IS FURTHER ORDERED that a hearing on this matter is set for Monday, December 3, 2018, at 11:00 a.m. in the courtroom of the undersigned. Signed by District Judge Henry Edward Autrey on 10/22/18. (CSG)
October 18, 2018 Opinion or Order Filing 14 OPINION MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that the Clerk of Court shall notify the United States Probation Office of movant's § 2255 motion to vacate and that it is brought pursuant to the Supreme Court case of Johnson v. United St ates,135 S.Ct. 2551 (2015). IT IS FURTHER ORDERED that, within three weeks of the date of this Order, the United States Probation Office shall prepare and file in movant's criminal case a new Resentence Report relative to movant's contentio ns under Johnson, which shall be filed under seal, with access to the Court and the parties who have entered their appearance in this matter. IT IS FURTHER ORDERED that within five (5) days of the filing of the Probation Office's Disclosure Copy of the Resentence Report, the parties shall file, in movant's criminal case, simultaneous objections to the Resentence Report or statements that they have no objection. Within seven (7) days of such time, the United States Probation Office shal l file a final copy of the Resentence Report in movant's criminal case. IT IS FURTHER ORDERED that a hearing on this matter is set for Monday, December 3, 2018, at 11:00 a.m. in the courtroom of the undersigned. In Court Hearing set for 12/3/2018 11:00 AM in Courtroom 10N before District Judge Henry Edward Autrey. Signed by District Judge Henry Edward Autrey on 10/18/18. (CSG)
April 11, 2017 Opinion or Order Filing 8 OPINION MEMORANDUM AND ORDER re: 1 MOTION to Vacate, Set Aside or Correct Sentence filed by Petitioner Danny Lee Byrd. IT IS HEREBY ORDERED that this action is DENIED in all respects. IT IS FURTHER ORDERED that the Court will not issue a certificate of appealability. Signed by District Judge Henry Edward Autrey on 4/11/17. (CSG)
May 20, 2016 Opinion or Order Filing 2 OPINION MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that the Clerk of Court is directed to forward a copy of movant's § 2255 motion to the Office of the Public Defender for the Eastern District of Missouri. IT IS FURTHER ORDERED that the Pu blic Defender shall notify this Court, within forty-five (45) days of the date of this Memorandum and Order, whether it will be pursuing movant's arguments under Johnson, either by filing a written notice in this action of their intent not to re present movant, or by filing an amended motion to vacate, brought pursuant to 28 U.S.C. § 2255, also in this action, or a request in the Court of Appeals for leave to bring a successive § 2255 motion, as required by 28 U.S.C. § 2244(b)(3). IT IS FURTHER ORDERED that the Court shall hold this matter in abeyance for forty-five (45) days. Response to Court due by 7/5/2016. Signed by District Judge Henry Edward Autrey on 5/20/16. (CSG)
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