Arender v. USA

Filing 15

MEMORANDUM AND ORDER re: 14 MOTION for Leave to Supplement his 2255 Motion filed by Petitioner James Andrew Arender, 11 MOTION to Withdraw as Attorney filed by Petitioner James Andrew Arender. IT IS HEREBY ORDERED that counsel's motion t o withdraw [ECF No. 11] is DENIED. IT IS FURTHER ORDERED that counsel must file an amended motion to vacate within forty-five (45) days of the date of this Order. IT IS FURTHER ORDERED that Movant's motion to supplement [ECF No. 14] is GRANTED. (Amended/Supplemental Pleadings due by 10/31/2016.) Signed by District Judge Audrey G. Fleissig on 9/14/16. (CSG)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
JAMES ANDREW ALEXANDER,
Movant,
v.
UNITED STATES OF AMERICA,
Respondent,

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No. 1:15-CV-153 AGF

MEMORANDUM AND ORDER
This matter is before the Court on counsel’s motion to withdraw. The motion is
denied.
Movant pled guilty to felon in possession of a firearm. The Court sentenced him
as an armed career criminal to 180 months’ imprisonment. Movant’s sentence was
enhanced because of prior convictions for aggravated burglary, aggravated assault, and
burglary second degree.
There is a reasonable question as to whether one or more of Movant’s prior
convictions no longer counts as a crime of violence under the Armed Career Criminal
Act. Therefore, counsel must file an amended motion to vacate on behalf of Movant.
Accordingly,
IT IS HEREBY ORDERED that counsel’s motion to withdraw [ECF No. 11] is
DENIED.
IT IS FURTHER ORDERED that counsel must file an amended motion to
vacate within forty-five (45) days of the date of this Order.

IT IS FURTHER ORDERED that Movant’s motion to supplement [ECF No. 14]
is GRANTED.
Dated this 14th day of September, 2016.

AUDREY G. FLEISSIG
UNITED STATES DISTRICT JUDGE

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