Wallace v. USA

Wallace v. USA

Petitioner:	James E. Wallace
Respondent:	USA
Case Number:	4:2016cv00985
Filed:	June 24, 2016
Court:	US District Court for the Eastern District of Missouri
Office:	St. Louis Office
County:	Audrain
Presiding Judge:	Henry E. Autrey
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 1, 2017	Filing 8 OPINION MEMORANDUM AND ORDER IT IS HEREBY ORDERED that this action is DENIED in all respects. IT IS FURTHER ORDERED that the Court will not issue a certificate of appealability. An Order of Dismissal will be filed separately. Signed by District Judge Henry Edward Autrey on 3/1/17. (CLA)
October 4, 2016	Filing 3 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 under J ohnson, which shall be filedunder 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 Rese ntence Report, the parties shall file, in movants criminal case, simultaneous objections to the Resentence Report or statements that they have noobjection. 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 movants moti on 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 10/3/16. cc:prob.(CLA)

Date Filed

Document Text

March 1, 2017

Filing 8 OPINION MEMORANDUM AND ORDER IT IS HEREBY ORDERED that this action is DENIED in all respects. IT IS FURTHER ORDERED that the Court will not issue a certificate of appealability. An Order of Dismissal will be filed separately. Signed by District Judge Henry Edward Autrey on 3/1/17. (CLA)

October 4, 2016

Filing 3 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 under J ohnson, which shall be filedunder 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 Rese ntence Report, the parties shall file, in movants criminal case, simultaneous objections to the Resentence Report or statements that they have noobjection. 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 movants moti on 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 10/3/16. cc:prob.(CLA)

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Respondent: USA
Represented By:	Tiffany G. Becker(Designation Assistant US Attorney)
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Petitioner: James E. Wallace
Represented By:	Felicia A. Jones(Designation Public Defender or Community Defender Appointment)
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