Nguyen v. USA

Filing 2

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-03543-LHK
ORDER TO SHOW CAUSE RE:
JOHNSON CLAIM RAISED IN
SECTION 2255 MOTION

v.
TINH HUY NGUYEN,

Re: Dkt. No. 1

Defendant.

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Before the court is the motion of Defendant Tinh Huy Nguyen (“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-03543-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-03543-LHK
ORDER TO SHOW CAUSE RE: JOHNSON CLAIM RAISED IN SECTION 2255 MOTION