Slaughter v. USA
||June 20, 2016
||US District Court for the Eastern District of Missouri
||St. Louis Office
||St. Louis - County
||Charles A. Shaw
|Nature of Suit:
||Motions to Vacate Sentence
|Cause of Action:
||28 U.S.C. § 2255
|Jury Demanded By:
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|March 31, 2017
MEMORANDUM AND ORDER -....IT IS HEREBY ORDERED that movant Donald Slaughter's Amended Motion to Vacate,Set Aside, or Correct Sentence is GRANTED [Doc. 9], and movant's initial Motion to Vacate, Set Aside, or Correct Sentence is DE NIED as moot. [Doc. 1] IT IS FURTHER ORDERED that the judgment and commitment in United States v. Donald Slaughter, No. 4:09-CR-643 CAS, filed July 27, 2010 (Crim. Doc. 39) is VACATED. IT IS FURTHER ORDERED that the United S tates Probation Office shall promptly prepare an updated presentence investigation report on Mr. Slaughter. Movant is granted a new sentencing hearing, to be set as soon as the presentence investigation report is completed. Mr. Slaughter shall rema in in custody pending the sentencing hearing. IT IS FURTHER ORDERED that the Clerk of the Court shall provide a copy of this Memorandum and Order to the United States Probation Office. IT IS FURTHER ORDERED that the Clerk of the Co urt is directed to docket a copy of this Memorandum and Order in the criminal case, No. 4:09-CR-643 CAS. IT IS FURTHER ORDERED that movant's Motion for Appointment of Counsel and sealed Pro Se Motion are DENIED as moot. [Docs. 22, 30] An appropriate judgment will accompany this Memorandum and Order. Signed by District Judge Charles A. Shaw on 3/31/2017. (MRC)
|July 7, 2016
MEMORANDUM AND ORDER -...IT IS HEREBY ORDERED that the Clerk of Court shall notify the United States Probation Office of movant's § 2255 amended motion to vacate and that it is brought pursuant to the Supreme Court case of Johns on 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 movant's criminal case a new Resen tence 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 fourteen (14) day s 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 Office of Probation and Pretrial 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 Resentenc e Report by the Probation Office in the criminal case, the Government shall file its response to movant's amended motion to vacate in this case. IT IS FURTHER ORDERED that any reply to the Government's 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 Charles A. Shaw on 7/7/2016. (MRC)
|June 24, 2016
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 Public 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 by filing a written notice in this action of its 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. IT IS FURTHER ORDERED that the Court shall hold this matter in abeyance for forty-five (45) days. IT IS FURTHER OR DERED that the Clerk of the Court shall send a copy of this Order to movant at the address shown on the pro se motion to vacate, set aside, or correct sentence. Response to Court due by 8/8/2016.. Signed by District Judge Charles A. Shaw on 6/24/16. (JWD)
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