Smith v. United State of America
| Rodrecus M. Smith |
| United State of America |
| 3:2020cv00791 |
| September 14, 2020 |
| US District Court for the Middle District of Tennessee |
| Waverly D Crenshaw |
| Prisoner: Vacate Sentence |
| 28 U.S.C. ยง 2255 |
| None |
Docket Report
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| Document Text |
|---|
| TN State Bar status verified as active for Michael C. Holley and Philip H. Wehby admitted to this court. (vh) |
| Filing 5 NOTICE of Appearance by Philip H. Wehby on behalf of United State of America (Wehby, Philip) |
| Filing 4 NOTICE of Appearance by Michael C. Holley on behalf of Rodrecus M. Smith (Holley, Michael) |
Filing 3
ORDER: Before the Court is Petitioner's Motion to Vacate his sentence (Doc. No. #1 ) in criminal case number 3:15-cr-000147-3. Pursuant to Rule 4 of the Rules Governing Section 2255 Cases in the United States District Courts (the "2255 Rules") the Court has initially reviewed the petition and it does not plainly appear that Petitioner is not entitled to relief. Pursuant to 18 U.S.C. 3006A(a)(2)(B), the Court finds that the interests of justice require counsel be appointed for Petitioner. Accordingly, the Court APPOINTS the Federal Public Defender to represent Petitioner. On or before November 16, 2020, appointed counsel shall file an amended petition on behalf of Petitioner. On or before December 31, 2020, Respondent shall file a response to the amended petition in accordance with Rule 5 of the 2255 Rules. On or before January 14, 2021, Petitioner may file an optional reply in accordance with Rule 5(d) of the 2255 Rules. Signed by Chief Judge Waverly D. Crenshaw, Jr on 9/30/2020. (xc:Pro se party by regular mail. ) (vh)
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| Filing 2 NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (kc) |
| Filing 1 MOTION to Vacate, Set Aside or Correct Sentence (2255), filed by Rodrecus M. Smith. (Attachments: #1 Attachment Memorandum)(kc) |
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| Defendant: United State of America | |
| Represented By: | Philip H. Wehby |
| Represented By: | Brent Adams Hannafan |
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| Plaintiff: Rodrecus M. Smith | |
| Represented By: | Henry Alan Martin |
| Represented By: | Michael C. Holley |
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