McCoy v. USA

McCoy v. USA

Petitioner:	Duane McCoy
Respondent:	USA
Case Number:	4:2016cv00951
Filed:	June 23, 2016
Court:	US District Court for the Eastern District of Missouri
Office:	St. Louis Office
County:	St. Louis - City
Presiding Judge:	Rodney W. Sippel
Nature of Suit:	Motions to Vacate Sentence
Cause of Action:	28 U.S.C. § 2255
Jury Demanded By:	None

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Date Filed	Document Text
March 13, 2017	Filing 10 MEMORANDUM AND ORDER : IT IS HEREBY ORDERED that Duane McCoy's amended motion to vacate sentence under 28 U.S.C. § 2255 # 1 is DENIED. A separate judgment will issue. IT IS FURTHER ORDERED that I will not issue a Certificate of Appealability because McCoy has not made a substantial showing that he has been denied a constitutional right. 28 U.S.C. § 2253(c)(2).. Signed by District Judge Rodney W. Sippel on 3/13/17. (LGK)
July 6, 2016	Filing 2 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 movants contentions u nder 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 o f 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 Service s 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 movants 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. (cc: probation) Signed by District Judge Rodney W. Sippel on 7/6/2016. (KMS)

Date Filed

Document Text

March 13, 2017

Filing 10 MEMORANDUM AND ORDER : IT IS HEREBY ORDERED that Duane McCoy's amended motion to vacate sentence under 28 U.S.C. § 2255 # 1 is DENIED. A separate judgment will issue. IT IS FURTHER ORDERED that I will not issue a Certificate of Appealability because McCoy has not made a substantial showing that he has been denied a constitutional right. 28 U.S.C. § 2253(c)(2).. Signed by District Judge Rodney W. Sippel on 3/13/17. (LGK)

July 6, 2016

Filing 2 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 movants contentions u nder 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 o f 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 Service s 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 movants 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. (cc: probation) Signed by District Judge Rodney W. Sippel on 7/6/2016. (KMS)

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Respondent: USA
Represented By:	Tiffany G. Becker(Designation Assistant US Attorney)
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Petitioner: Duane McCoy
Represented By:	Beverly Ann Beimdiek(Designation Public Defender or Community Defender Appointment)
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