Arender v. USA

Filing 24

MEMORANDUM AND ORDER re: 21 First MOTION to Amend/Correct 17 First AMENDED PETITION for Writ of Habeas Corpus filed by Petitioner James Andrew Arender. IT IS HEREBY ORDERED that Petitioner's motion for leave to file a second amended § 2255 petition is GRANTED. (Doc. No. 21.) Petitioner shall file his second amended petition and request for stay no later than seven (7) days from the date of this Memorandum and Order. Signed by District Judge Audrey G. Fleissig on 2/9/17. (CSG)

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

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No. 1:15-cv-00153-AGF

MEMORANDUM AND ORDER
This matter is before the Court on Petitioner’s motion (Doc. No. 21) for leave to
file a second amended motion under 28 U.S.C. § 2255, to vacate, set aside, or correct his
sentence, based on Johnson v. United States, 135 S. Ct. 2551 (2015). Petitioner seeks to
amend his argument that his prior Missouri conviction for second-degree burglary no
longer qualifies as a predicate offense under the Armed Career Criminal Act (“ACCA”),
18 U.S.C. § 924(e), in order to address the Eighth Circuit’s opinion in United States v.
Trevon Sykes, 844 F.3d 712 (8th Cir. 2016). Specifically, Petitioner notes that a petition
for rehearing en banc has been filed in Sykes, and Petitioner has advised the Court that,
“[s]hould this Court grant [his] request to amend his current §2255 petition . . . , [he] will
be asking the Court to stay its decision on the matter until Sykes request for rehearing is
either denied or granted.” Case No. 1:12-cr-00111, Doc. No. 77 (Jan. 26, 2017).
For good cause shown and no opposition having been filed,
IT IS HEREBY ORDERED that Petitioner’s motion for leave to file a second
amended § 2255 petition is GRANTED. (Doc. No. 21.) Petitioner shall file his second

amended petition and request for stay no later than seven (7) days from the date of this
Memorandum and Order.

AUDREY G. FLEISSIG
UNITED STATES DISTRICT JUDGE
Dated this 9th day of February, 2017.

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