Paxton v. USA
| Petitioner: |
Russell Paxton |
| Respondent: |
USA |
| Case Number: |
4:2016cv00813 |
| Filed: |
June 8, 2016 |
| Court: |
US District Court for the Eastern District of Missouri |
| Office: |
St. Louis Office |
| County: |
St. Louis - City |
| Presiding Judge: |
Catherine D. Perry |
| Nature of Suit: |
Motions to Vacate Sentence |
| Cause of Action: |
28 U.S.C. § 2255 |
| Jury Demanded By: |
None |
Available Case Documents
The following documents for this case are available for you to view or download:
| Date Filed |
Document Text |
| August 30, 2016 |
Filing
8
MEMORANDUM AND ORDER (See Full Order) IT IS HEREBY ORDERED that the motion and amended motion to vacate, set aside or correct sentence 1 , 5 are granted. A separate judgment in accord with this order will be entered in this case. IT IS FURTH ER ORDERED that resentencing in Case No. 4:03CR601 has been set for Friday, September 2, 2016 at 1:00 p.m. in Courtroom 14- South. It is the Courts understanding that defendant, through counsel, intends to waive his right to appear at the resentencing hearing. IT IS FURTHER ORDERED that the Clerk of Court is directed to docket a copy of this Memorandum and Order in that criminal case. Signed by District Judge Catherine D. Perry on 8/30/16. (EAB)
|
| July 6, 2016 |
Filing
6
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,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 movant's conten tions 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 Disclosur e 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 Office of Probation and Pr etrial Services shall file a final copy of the Resentence Report in movant's 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 Gove rnment shall file its response to movants motion to vacate in this case. IT IS FURTHER ORDERED that any reply to the Government's response to the motion to vacate shall be filed, in this case, no later than fourteen (14) days from the date the response is filed. IT IS FURTHER ORDERED that the Clerk of Court shall remove the amended motion [docket number 5] from seal and file it in the public file, as it appears that it was filed under seal by mistake. Signed by District Judge Catherine D. Perry on July 6, 2016. (MCB)
|
| June 21, 2016 |
Filing
4
MEMORANDUM AND ORDER (See Full 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 t hat the Public Defender 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 movant, or by filing an amended motion to vacate, brought pursuant to 28 U.S.C. § 2255. IT IS FURTHER ORDERED that the Court shall hold this matter in abeyance for fortyfive (45) days. Signed by District Judge Catherine D. Perry on 6/21/16. (Copy of this Memorandum and Order and Motion sent to Public Defender on 6/21/16).(EAB)
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