Whaley v. USA
Petitioner: Timothy Whaley
Respondent: USA
Case Number: 4:2016cv00341
Filed: March 14, 2016
Court: US District Court for the Eastern District of Missouri
Office: St. Louis Office
County: St. Louis - City
Presiding Judge: Henry Edward Autrey
Nature of Suit: Prisoner: Vacate Sentence
Cause of Action: 28 U.S.C. ยง 2255 Motion to Vacate / Correct Illegal Sentenc
Jury Demanded By: None
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Date Filed Document Text
February 1, 2017 Opinion or Order Filing 13 MEMORANDUM AND ORDER IT IS HEREBY ORDERED that movants motion to lift the stay in this matter [Doc. #12] is GRANTED. IT IS FURTHER ORDERED that Docket No. 12 shall also be interpreted as a supplement to movants motion to vacate.IT IS FURTHER ORDERED that respondent shall have thirty (30) days to respond to movants supplement to its motion to vacate. IT IS FURTHER ORDERED that within a reasonable time, the Office of Probation and Pretrial Services shall file a supplement to its Resentence Report, after reviewing both the supplemental briefing in this matter, as well the Eighth Circuit case of United States v. Bell, 840 F.3d 963 (8th Cir. 2016). IT IS FURTHER ORDERED that within fourteen days of the filing of the Supplemental Resentence Repor t by the Office of Probation and Pretrial Services, the parties shall file in movants criminal case, simultaneous objections to the Supplemental ResentenceReport, or statements that they have no objections. If objections are filed by either party, a Final Resentence Report shall be filed by the Probation Office within a reasonable time. 12 10 Signed by District Judge Henry Edward Autrey on 1/31/17. cc:prob/pretrial(CLA)
June 1, 2016 Opinion or Order Filing 5 OPINION MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that the Clerk of Court shall notify the United States Probation Office of movants § 2255 amended motion to vacate and that it is brought pursuant to the Supreme Court case of Johnson v. Uni ted States,135 S.Ct. 2551 (2015). IT IS FURTHER ORDERED that, within a reasonable time, and in its usual course of business, the United States Probation Office shall prepare and file in movants criminal case a new Resentence Report relative to mova nts 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 fourteen (14) days of the filing of the Probation Offices Disclosure Copy of the Resentence Report, the parties shall file, in movants criminal case, simultaneous objections to the Resentence Report or statements that they have no objection. Within seven (7) days of such time, the Office of Probation and Pretrial Services shall file a final copy of the Resentence Report in movants criminal case. IT IS FURTHER ORDERED that on the same day as the Final Resentence Report is filed by the Probation Office in the criminal case, the Government shall file its response to movants amended motion to vacate in this case. IT IS FURTHER ORDERED that any reply to the Governments response to the amended motion to vacate shall be filed, in this case, no later than fourteen (14) days from the date the response is filed. Signed by District Judge Henry Edward Autrey on 6/1/16. (KJS)
March 23, 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 movants § 2255 motion to the Office of the Public Defender for the Eastern District of Missouri.IT IS FURTHER ORDERED that the Public De fender shall notify this Court, within forty-five (45) days of the date of this Memorandum and Order, whether it will be pursuing movants arguments under Johnson, either by filing a written notice in this action of their intent not to represent movan t, 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 5/7/2016. Signed by District Judge Henry Edward Autrey on 03/23/2016. (CLK)
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