Burns v. USA
Petitioner: Gregory Burns
Respondent: USA
Case Number: 4:2016cv01110
Filed: July 8, 2016
Court: US District Court for the Eastern District of Missouri
Office: St. Louis Office
County: St. Louis - City
Presiding Judge: Catherine D. Perry
Nature of Suit: Motions to Vacate Sentence
Cause of Action: 28 U.S.C. ยง 2255
Jury Demanded By: None
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Date Filed Document Text
June 25, 2018 Opinion or Order Filing 42 MEMORANDUM AND ORDER. (See Full Order.) IT IS HEREBY ORDERED that the Motion to Vacate, Set Aside or Reduce Sentence filed by Gregory Burns (ECF # 1 in Case No. 4:16cv1110) is GRANTED, and defendants sentence will be reduced to an aggregate sen tence of 204 months. IT IS FURTHER ORDERED that in Criminal Case No. 4:03CR730 the court will enter an amended judgment, providing for an aggregate sentence of 204 months, consisting of 120 months on Count I, 144 months on Count II to be served concurrently with the sentence in Count I, and 60 months on Count III, to be served consecutively to the sentences imposed on Counts I and II. Signed by District Judge Catherine D. Perry on 6/25/2018. (CBL)
October 11, 2016 Opinion or Order Filing 9 MEMORANDUM AND ORDER. (See Full 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. 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 rela tive 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 Pr obation 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, th e 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 crimin al 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 Catherine D. Perry on 10/11/2016. (Order forwarded to USPO via Interoffice mail this date.)(CBL)
September 19, 2016 Opinion or Order Filing 5 MEMORANDUM AND ORDER. On June 22, 2016, I ordered counsel to notify the Court whether he would pursue movant's arguments under Johnson v. United States, 135 S.Ct. 2551 (2015), no later than September 5, 2016. Counsel has not responded to the Order. Therefore, IT IS HEREBY ORDERED that counsel must submit his notification no later than October 3, 2016. Signed by District Judge Catherine D. Perry on 9/19/2016. (CBL)
July 22, 2016 Opinion or Order Filing 3 MEMORANDUM AND ORDER. (See Full 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 t hat 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, either by filing a written notice in this action of their intent not to represent 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.  7; 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 Catherine D. Perry on 7/22/2016. (Order and Pro Se Motion forwarded to Federal Public Defenders via interoffice mail this date.) (CBL)
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