Thanh v. USA
Filing
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ORDER to Show Cause Re: JOHNSON Claim Raised in Section 2255 Motion. Signed by Judge Lucy H. Koh on 6/29/2016. (lhklc3, COURT STAFF) (Filed on 6/29/2016)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN JOSE DIVISION
United States District Court
Northern District of California
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UNITED STATES OF AMERICA,
Plaintiff,
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Case No. 16-CV-03542-LHK
ORDER TO SHOW CAUSE RE:
JOHNSON CLAIM RAISED IN
SECTION 2255 MOTION
v.
LONG HOAI THANH,
Re: Dkt. No. 1
Defendant.
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Before the court is the motion of Defendant Long Hoai Thanh (“movant”) for an order
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under 28 U.S.C. § 2255 to vacate, set aside or correct his sentence on the ground that his sentence
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has been rendered invalid by the Supreme Court’s holding in Johnson v. United States, 135 S. Ct.
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2551 (2015). This Johnson claim appears colorable under 28 U.S.C. § 2255 and merits an answer
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from the government.
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The following deadlines will apply, unless the parties submit a stipulation and order for a
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shorter briefing schedule: (1) within 75 days after the § 2255 motion was filed, the government
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shall file an opposition conforming in all respects to Rule 5 of the Rules Governing Section 2255
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Proceedings, showing cause why the court should not “vacate, set aside or correct the sentence”
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being served by movant; (2) movant shall file a reply brief 45 days after the opposition is filed.
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Case No. 16-CV-03542-LHK
ORDER TO SHOW CAUSE RE: JOHNSON CLAIM RAISED IN SECTION 2255 MOTION
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Thereafter, the matter will be deemed submitted on the papers, unless the court orders otherwise.
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IT IS SO ORDERED.
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Dated: June 29, 2016
______________________________________
LUCY H. KOH
United States District Judge
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United States District Court
Northern District of California
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Case No. 16-CV-03542-LHK
ORDER TO SHOW CAUSE RE: JOHNSON CLAIM RAISED IN SECTION 2255 MOTION
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