Gatson v. United States of America

Filing 17

ORDERED that within 30 days of the entry of the USCA court's mandate, the Government shall file an answer or response. Signed by Magistrate Judge G. R. Smith on 1/4/16. (wwp)

C

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
SAVANNAH DIVISION
CHARLIE M. GATSON,
Movant,
Case No. CV414-065
CR412-160

IN

UNITED STATES OF AMERICA,
Respondent.

Upon Charlie M. Gatson's motion for 28 U.S.C. § 2255 relief this
Court recommended dismissal based on his appellate and collateral
waivers. Doc. 3 at 4. Following adoption of the undersigned's Report
and Recommendation, doc. 7, Gatson appealed and the U.S. Department
of Justice altered its policy on waiver enforcement, so the Eleventh
Circuit reversed and remanded.

Gatson v. United States, 2015 WL

8732325 at * 1 (11th Cir. Dec. 15, 2015) ("[W]e will vacate and remand
the judgment with instructions that the district court should consider as
non-waived Gatson's claim that his attorney was constitutionally
ineffective for not objecting to the application of the Armed Career

,

Criminal Act at his sentencing. We imply no view as to whether such a
claim has any merit."). Within 30 days of the entry of that court's
mandate, the Government shall file an answer or response. Gatson is
directed to furnish the United States Attorney in Savannah, Georgia,
with copies of all further motions or papers that he files in this case.
SO ORDERED, this

day of

201.

UNI ED S1tMES MAGISTRATE JUDGE
SOUTHERN DISTRICT OF GEORGIA