Newby v. USA
| Kirk Allen Newby |
| USA |
| 4:2016cv01060 |
| June 29, 2016 |
| US District Court for the Eastern District of Missouri |
| St. Louis Office |
| St. Louis - City |
| Rodney W. Sippel |
| Motions to Vacate Sentence |
| 28 U.S.C. ยง 2255 |
| None |
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Filing
8
MEMORANDUM AND ORDER : IT IS HEREBY ORDERED that the motion to vacate is DENIED, and this action is DISMISSED. IT IS FURTHER ORDERED that the Court will not issue a certificate of appealability. IT IS FURTHER ORDERED that the Court vacates its Order dated September 19, 2016, referring this matter to the United States Probation Office. Signed by District Judge Rodney W. Sippel on 9/20/16. (cc: probation) (ARL)
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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 movant's criminal case a new Resentence 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) days of the filing of the Probation Office 9;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 United States Probation Office 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 Government shall file its response to movant's 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. (COPY OF ORDER PLACED IN U.S. PROBATION MAILBOX). Signed by District Judge Rodney W. Sippel on 9/19/16. (LGK)
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Filing
4
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 De fender 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, either by filing a written notice in this action of their intent not to repres ent movant, or by filing an amended motion to vacate, brought pursuant to 28 U.S.C. § 2255, also in this action, or a request in the Court of Appeals for leave to bring a successive § 2255 motion, as required by 28 U.S.C. § 2244(b) (3). IT IS FURTHER ORDERED that the Court shall hold this matter in abeyance for forty-five (45) days.. Signed by District Judge Rodney W. Sippel on 08/01/16. (LGK)
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