Arender v. USA

Filing 20

MEMORANDUM AND ORDER re: 19 MOTION to Expedite filed by Petitioner James Andrew Arender. IT IS HEREBY ORDERED that Petitioner's motion to expedite, filed his criminal proceeding, Case No. 1:12-cr-00111-AGF (Doc. No. 74), is GRANTED as set fo rth below. IT IS FURTHER ORDERED the Clerk of Court shall notify the United States Probation Office of movant's § 2255 motion to vacate and that it is brought pursuant to the Supreme Court case of Johnson v. United States,135 S.Ct. 2551 (20 15). IT IS FURTHER ORDERED that, within forty-five (45) days of the date of this Memorandum and Order, the United States Probation Office shall prepare and file in movant's criminal case a new Resentence Report relative to movant's contenti ons under Johnson, whichshall be filed under seal, with access to the Court and the parties who have entered their appearance in this matter. IT IS FURTHER ORDERED that within fourteen (14) days of the filing of the Probation Office's Disclosure Copy of the Resentence Report, the parties shall file, in movant's criminal case, simultaneous objections to the Resentence Report or statements that they have no objection. Within seven (7) days of such time, the United States Probation Office shall file a final copy of the Resentence Report in movant's criminal case. IT IS FURTHER ORDERED that within fourteen (14) days of the filing of the Final Resentence Report by the Probation Office in the criminal case, the Government shall fil e its response to movant's motion to vacate in this case.IT IS FURTHER ORDERED that any reply to the Governments response to themotion to vacate shall be filed, in this case, no later than fourteen (14) days from the date the response is filed. IT IS FURTHER ORDERED that, absent extreme good cause, no extensions of time will be granted. Signed by District Judge Audrey G. Fleissig on 12/1/16. (CSG)

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

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No. 1:15CV153 AGF

MEMORANDUM AND ORDER
Before the Court is movant’s motion to vacate, brought pursuant to 28 U.S.C. § 2255, and
his motion to expedite his § 2255 proceedings. In his motion to vacate, movant seeks a reduction
in his sentence pursuant to the recent Supreme Court case of Johnson v. United States, 135 S.Ct.
2551 (2015).
In Johnson, the Supreme Court of the United States held the “residual clause” of the
Armed Career Criminal Act (“the ACCA”), 18 U.S.C. § 924(e)(2)(B)(ii), unconstitutionally
vague. As movant was convicted under the ACCA and as it appears from the motion to vacate
that he is relying on Johnson as the basis for his arguments for resentencing, this Court will
request assistance from the United States Probation Office for the Eastern District of Missouri in
reviewing movant’s § 2255 petition.
Accordingly,
IT IS HEREBY ORDERED that Petitioner’s motion to expedite, filed his criminal
proceeding, Case No. 1:12-cr-00111-AGF (Doc. No. 74), is GRANTED as set forth below.

IT IS FURTHER ORDERED the Clerk of Court shall notify the United States
Probation Office of movant’s § 2255 motion to vacate and that it is brought pursuant to the
Supreme Court case of Johnson v. United States,135 S.Ct. 2551 (2015).
IT IS FURTHER ORDERED that, within forty-five (45) days of the date of this
Memorandum and Order, the United States Probation Office shall prepare and file in movant’s
criminal case a new Resentence Report relative to movant’s contentions under Johnson, which
shall be filed under seal, with access to the Court and the parties who have entered their
appearance in this matter.
IT IS FURTHER ORDERED that within fourteen (14) days of the filing of the
Probation Office’s Disclosure Copy of the Resentence Report, the parties shall file, in movant’s
criminal case, simultaneous objections to the Resentence Report or statements that they have no
objection. Within seven (7) days of such time, the United States Probation Office shall file a
final copy of the Resentence Report in movant’s criminal case.
IT IS FURTHER ORDERED that within fourteen (14) days of the filing of the Final
Resentence Report by the Probation Office in the criminal case, the Government shall file its
response to movant’s motion to vacate in this case.
IT IS FURTHER ORDERED that any reply to the Government’s response to the
motion to vacate shall be filed, in this case, no later than fourteen (14) days from the date the
response is filed.
IT IS FURTHER ORDERED that, absent extreme good cause, no extensions of time
will be granted.

AUDREY G. FLEISSIG
UNITED STATES DISTRICT JUDGE
Dated this 1st day of December, 2016.
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