Deloney v. USA

Deloney v. USA

Petitioner:	Anthony C Deloney
Respondent:	USA
Case Number:	4:2016cv00593
Filed:	June 14, 2016
Court:	US District Court for the Western District of Missouri
Office:	Kansas City Office
County:	Jackson
Presiding Judge:	Fernando J. Gaitan
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
May 5, 2017	Filing 10 ORDER (1) petitioner's motion to continue the stay in this matter is DENIED, and the stay in this matter is lifted; (2) petitioner's motion to vacate, set aside or correct his sentence pursuant to 28 U.S.C. § 2255 is DENIED WITH PREJU DICE, as the residual clause found in the advisory Sentencing Guidelines is not subject to a void-for-vagueness challenge pursuant to Beckles, 137 S.Ct. at 895-97; and (3) petitioner will be denied a motion for certificate of appealability. Signed on 5/5/17 by District Judge Fernando J. Gaitan, Jr. (Enss, Rhonda)

Date Filed

Document Text

May 5, 2017

Filing 10 ORDER (1) petitioner's motion to continue the stay in this matter is DENIED, and the stay in this matter is lifted; (2) petitioner's motion to vacate, set aside or correct his sentence pursuant to 28 U.S.C. § 2255 is DENIED WITH PREJU DICE, as the residual clause found in the advisory Sentencing Guidelines is not subject to a void-for-vagueness challenge pursuant to Beckles, 137 S.Ct. at 895-97; and (3) petitioner will be denied a motion for certificate of appealability. Signed on 5/5/17 by District Judge Fernando J. Gaitan, Jr. (Enss, Rhonda)

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Respondent: USA
Represented By:	Paul S. Becker
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Petitioner: Anthony C Deloney
Represented By:	Laine T Cardarella
Represented By:	FPD
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