USA v. Gardner et al

Filing 126

Order, Set/Reset Motion and R&R Deadlines/Hearings

MINUTES OF THE UNITED STATES DISTRICT COURT
DISTRICT OF ALASKA
UNITED STATES OF AMERICA v. KARINN GARDNER
Case No. 3:09-cr-00033-RRB-JDR
THE HONORABLE JOHN D. ROBERTS, United States Magistrate Judge
Leslie R. Need, Law Clerk - Magistrate Judge's Chambers

MINUTE ORDER FROM CHAMBERS
RE: Effect of Retroactivity of Fair Sentencing Act of 2010 on Motions at Dockets 73 and 110
The Petitioner, Karinn Gardner, filed a Motion Under 28 U.S.C. § 2255 to Vacate, Set
Aside or Correct Sentence at Docket 73 and an Amended Petition at Docket 109. Therein, she
cited the Fair Sentencing Act of 2010 in support of her Petition. The Government filed a Motion
to Dismiss in Response to Defendant’s Amended Petition to Set Aside, Vacate or Correct
Sentence Under 28 U.S.C. § 2255 at Docket 110. In it’s Motion, the Government argues that the
Fair Sentencing Act of 2010 is not retroactive in support of it’s request for this court to Dismiss
Ms. Gardner’s Petition.
On June 30, 2011, the United States Sentencing Commission voted to give
retroactive effect to the amendment that implements the Fair Sentencing Act of 2010. Given the
nature of the parties’ arguments, further briefing on the effect, if any, of the retroactivity is
necessary. The Petitioner shall have until July 29, 2011 to file a supplement to her Amended
Petition regarding only what effect, if any, the retroactivity of the 2010 act has on her
Petition. The Government shall have until August 12, 2011 to file a Response.
IT IS SO ORDERED.

Entered at the direction of the Honorable John D. Roberts, United States Magistrate Judge

July 8, 2011
Any request for other information or for clarification, modification, or reconsideration of this Order, or for extension of time must be made
as a motion. See FED.R.CIV.P. 7(b)(1); D.Ak.LR. 7.1(1). No one should telephone, fax or write to chambers regarding pending cases.
The magistrate judge's judicial assistant and/or law clerk are not permitted to discuss any aspect of this case, provide any information or
communicate with any person including litigants, lawyers, witnesses and the public regarding cases.
T:\00 C R I M I N A L\00 2255's\09-cr-033-RRB-JDR GARDNER 2255\09-cr-033-RRB-JDR GARDNER MO Re Retroactivity of Fair
Sentencing Act of 2010