Ragland v. United States of America

Filing 24

ORDER re 23 MANDATE of USCA: The briefing schedule as to 1 MOTION to Vacate, Set Aside or Correct Sentence (2255) (Criminal Action CR 06-1) filed by Dorian Ragland is as follows: Petitioner's Brief due by 8/29/2014. Respondent's Brief d ue by 9/29/2014. Petitioner's Reply Brief due 10/14/2014. The Clerk of Court is directed to appointed CJA Panel Brent D Rosenberg, the movant's counsel on appeal, to represent the movant in these proceedings. Signed by Chief Judge Linda R Reade on 7/28/2014. (pac)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF IOWA
CEDAR RAPIDS DIVISION
DORIAN RAGLAND,
Movant,

No. C10-58-LRR
No. CR06-01-LRR

vs.

ORDER

UNITED STATES OF AMERICA.
____________________
The matter before the court is the Eighth Circuit Court of Appeals’s Mandate (docket
no. 23), which was filed on July 28, 2014. In the Eighth Circuit’s June 23, 2014 Opinion
(docket no. 21), the Eighth Circuit affirmed in part and remanded in part the court’s
January 18, 2013 Order denying Dorian Ragland’s (“the movant”) motion to vacate, set
aside or correct sentence pursuant to 28 U.S.C. § 2255. January 18, 2013 Order (docket
no. 13) at 8. In light of the Mandate and June 23, 2014 Opinion, the parties are
DIRECTED to brief the remanded issues, specifically, (1) whether the rule that “a
defendant cannot be liable under the penalty enhancement provision of 21 U.S.C. §
841(b)(1)(C) unless [the victim’s] use [of the drugs that the defendant distributed] is a butfor cause of the death or injury,” as articulated in Burrage v. United States, 571 U.S.
___,___, 134 S. Ct. 881, 892 (2014), applies retroactively to the instant case and (2)
“whether [the movant’s] substantive challenge faces any ‘significant procedural hurdles to
its consideration on the merits,’” Eighth Circuit Court of Appeals’s June 23, 2014 Opinion
at 7 (quoting Bousley v. U.S., 523 U.S. 614, 621-22 (1998)). The briefing schedule is as
follows:
(1) The movant is directed to file a brief on the above issues on
or before August 29, 2014.
(2) The government is directed to file a response brief on or

before September 29, 2014.
(3) If he so chooses, the movant is directed to file a reply brief
on or before October 14, 2014.
The Clerk of Court is DIRECTED to appoint CJA Panel attorney Brent D.
Rosenberg, the movant’s counsel on appeal, to represent the movant in these proceedings.
IT IS SO ORDERED.
DATED this 28th day of July, 2014.

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