Weldon v. United States of America

Filing 41

ORDER re 40 USCA Mandate and Order appointing Jerry Brown to represent Weldon. See Order for details. ( Evidentiary Hearing set for 11/29/2016 09:00 AM in East St. Louis Courthouse before Judge David R. Herndon.) Signed by Judge David R. Herndon on 10/18/16. (klh)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS SCOTT WELDON, Petitioner, No. 14-0691-DRH vs. UNITED STATES OF AMERICA, Respondent. MEMORANDUM and ORDER HERNDON, District Judge: On October 17, 2016, the Seventh Circuit vacated and remanded this matter for further proceedings (Doc. 40-1). Specifically, the Seventh Circuit Court of Appeals found: Weldon is entitled to an evidentiary hearing to determine that probability. The judgment of the district court is therefore vacated and the case remanded for further proceedings consistent with this opinion. (The government has filed a motion to supplement the record on appeal, but we deny the motion; it is better for the district court to have the full record before it on remand). (Doc. 40-2, pg. 4). Accordingly, the Court SETS this matter for hearing on Tuesday, November 29, 2016 at 9:00 a.m. Further pursuant to 18 U.S.C. § 3006A (a)(2)(B), the Court APPOINTS attorney Jerry Brown to represent Weldon in this matter. Lastly, the Court directs the parties to filed briefs Page 1 of 2 addressing the Seventh Circuit’s Mandate on or before November 7, 2016. IT IS SO ORDERED. Signed this 18th day of October, 2016. Digitally signed by Judge David R. Herndon Date: 2016.10.18 10:52:00 -05'00' United States District Court Page 2 of 2

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