Harris v. USA
| Eric Harris |
| USA |
| 4:2016cv00600 |
| April 28, 2016 |
| US District Court for the Eastern District of Missouri |
| St. Louis Office |
| St. Louis - City |
| Henry E. Autrey |
| Prisoner: Vacate Sentence |
| 28 U.S.C. ยง 2255 Motion to Vacate / Correct Illegal Sentenc |
| None |
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Filing
18
OPINION, MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that the Motion to Vacate, Set aside or Correct Sentence, [Doc. Nos. 1 ], is DENIED.IT IS FURTHER ORDERED that this Court will not issue a Certificate of Appealability as Movant has not made a substantial showing of the denial of afederal constitutional right.A separate judgment is entered this same date.. Signed by District Judge Henry Edward Autrey on 04/02/2020. (AAT)
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Filing
12
OPINION MEMORANDUM AND ORDER IT IS HEREBY ORDERED that the Clerk of Court shall notify the United States Probation Office of movants § 2255 motion to vacate and that it is brought pursuant to the Supreme Court case of Johnson v. United States,13 5 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 movants 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 United States Probation Office shall file a final copy of the Resentence Report in movants criminal case. IT IS FURTHER ORDERED that within fourteen (14) days of the filing of the Final Resentence Report by the Probation Office in the criminal case, the Government shall file its response to mo vants motion to vacate in this case.IT IS FURTHER ORDERED that any reply to the Governments response to themotion 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 11/21/16. cc: prob.(CLA)
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Filing
2
OPINION MEMORANDUM AND ORDER IT IS HEREBY ORDERED that the instant motion to vacate is DENIED, without prejudice, because movant did not obtain permission from the court of appeals to bring the motion in this Court. See 28 U.S.C. § 2255(h). IT I S FURTHER ORDERED that the Clerk shall TRANSFER the instant motion to the United States Court of Appeals for the Eighth Circuit pursuant to 28 U.S.C. § 1631. IT IS FURTHER ORDERED that the Clerk is directed to forward a copy of this Order to the Federal Public Defender. Signed by District Judge Henry Edward Autrey on 5/2/16. cc: FDP/USCA(CLA)
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