Byers v. USA
Petitioner: Vince Byers
Respondent: USA
Case Number: 4:2016cv00943
Filed: June 22, 2016
Court: US District Court for the Eastern District of Missouri
Office: St. Louis Office
County: St. Louis - City
Presiding Judge: Charles A. Shaw
Nature of Suit: Motions to Vacate Sentence
Cause of Action: 28 U.S.C. ยง 2255
Jury Demanded By: None
RSS Follow case documents by RSS

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
June 15, 2017 Opinion or Order Filing 18 MEMORANDUM AND ORDER NUNC PRO TUNC - {see Footnote 1 for details}....IT IS HEREBY ORDERED that movant Vince Byers' Motion to Vacate, Set Aside, or Correct Sentence is GRANTED in part and DENIED in part, as set forth herein. [Doc. 1] IT IS FURTHER ORDERED that the judgment and commitment in United States v. Vince Byers, No. 4:08-CR-416 CAS, filed April 16, 2009 (Crim. Doc. 65) is VACATED. IT IS FURTHER ORDERED that the United States Probation Offi ce shall promptly prepare an updated presentence investigation report on Mr. Byers. Movant is granted a new sentencing hearing, to be set as soon as the presentence investigation report is completed. Until the sentencing hearing, Mr. Byers' detention order (Crim. Doc. 18) remains in full force and effect. 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 Court is directed to docket a copy of this Memorandum and Order in the criminal case, No. 4:08-CR-416 CAS.An appropriate judgment will accompany this Memorandum and Order. Signed by District Judge Charles A. Shaw on 6/15/2017. (MRC)
June 12, 2017 Opinion or Order Filing 16 MEMORANDUM AND ORDER -....IT IS HEREBY ORDERED that movant Vince Byers' Motion to Vacate, Set Aside, or Correct Sentence is GRANTED in part and DENIED in part, as set forth herein. [Doc. 1] IT IS FURTHER ORDERED that the judgmen t and commitment in United States v. Vince Byers, No. 4:08-CR-416 CAS, filed April 16, 2009 (Crim. Doc. 65) is VACATED., IT IS FURTHER ORDERED that the United States Probation Office shall promptly prepare an updated presentence invest igation report on Mr. Byers. Movant is granted a new sentencing hearing, to be set as soon as the presentence investigation report is completed. Until the sentencing hearing, Mr. Byers' detention order (Crim. Doc. 18) remains in full force and effect. 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 Court is directed to docket a copy of this Memorandum and Order in the criminal case, No. 4:08-CR-416 CAS. An appropriate judgment will accompany this Memorandum and Order. Signed by District Judge Charles A. Shaw on 6/12/2017. (MRC)
July 6, 2016 Opinion or Order Filing 2 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. Un ited 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 Resentence R eport 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 Office of Probation and Pretrial Services 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 Off ice in the criminal case, the Government shall file its response to movant's motion to vacate in this case.IT IS FURTHER ORDERED that any reply to the Governments 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. Signed by District Judge Charles A. Shaw on 7/6/2016. (MRC)
Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the Missouri Eastern District Court's Electronic Court Filings (ECF) System

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?