Gibson v. USA

Filing 18

MEMORANDUM AND ORDER..IT IS HEREBY ORDERED that the Clerk of Court is directed to forward a copy of movants § 2255 motion to the Office of the 'Public Defender for the Eastern District of Missouri. IT IS FURTHER ORDERED that the Public Defe nder shall notify this Court, within forty-five (45) days of the date of this Memorandum and Order, whether it will be pursuing movants arguments under Johnson and/or Mathis, either by filing a written notice in this action of their intent not to rep resent movant, or by filing an amended motion to vacate, brought pursuant to 28 U.S.C. § 2255.IT IS FURTHER ORDERED that the Court shall hold this matter in abeyance for forty-five (45) days. Response to Court due by 8/22/2016. Signed by District Judge Stephen N. Limbaugh, Jr on 7/8/16. (MRS)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SOUTHEASTERN DIVISION
GEORGE GIBSON,
Movant,
v.
UNITED STATES OF AMERICA,
Respondent,

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No. 1:15CV200 SNLJ

MEMORANDUM AND ORDER
Before the Court is movant’s motion for appointment of counsel, brought pursuant to the
Supreme Court case of Mathis v. United States, No. 15-6092, 2016 WL 3434400 (U.S. June 23,
2016).
In the case at bar, movant asserts that his conviction under the Arkansas burglary statute
does not qualify as a violent felony under § 924(e), because the elements of the Arkansas
burglary law are broader than those of generic burglary as defined in Taylor v. United States, 495
U.S. 575, 599 (1990). In his motion to vacate his sentence, movant makes the broader argument
that he is entitled to a sentence reduction under Johnson v. United States, 135 S.Ct. 2551 (2015).
On August 14, 2015, this Court entered an Administrative Order, styled In Re: Johnson v.
United States. Pursuant to the Administrative Order, the Court will forward movant’s § 2255
motion to the Office of the Public Defender for the Eastern District of Missouri, and provide the
Public Defender forty-five (45) days to review the said motion and movant’s criminal history in
order to determine whether movant has a potential argument for a sentence reduction under
Johnson and/or Mathis.

In order to facilitate this process, the Court has issued a separate Administrative Order,
authorizing the Clerk of Court and the United States Probation Office to provide to the Office of
the Federal Public Defender and to the Office of the United States Attorney any records in their
possession, including sealed records from the Court file regarding the movant’s criminal history.
If the Public Defender’s Office decides movant has a potential argument under Johnson
and/or Mathis, the Public Defender, no later than forty-five (45) days of the date of this Order,
should file an amended motion to vacate under § 2255 in this case.
Accordingly,
IT IS HEREBY ORDERED that the Clerk of Court is directed to forward a copy of
movant’s § 2255 motion to the Office of the Public Defender for the Eastern District of Missouri.
IT IS FURTHER ORDERED that the Public Defender shall notify this Court, within
forty-five (45) days of the date of this Memorandum and Order, whether it will be pursuing
movant’s arguments under Johnson and/or Mathis, either by filing a written notice in this action
of their intent not to represent movant, or by filing an amended motion to vacate, brought
pursuant to 28 U.S.C. § 2255.
IT IS FURTHER ORDERED that the Court shall hold this matter in abeyance for fortyfive (45) days.
Dated this 8th day of July, 2016.

STEPHEN N. LIMBAUGH, JR.
UNITED STATES DISTRICT JUDGE

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