Winters v. USA
Filing
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MEMORANDUM AND ORDER..IT IS HEREBY ORDERED that the Clerk of Court is directed to forward a copy of the defendants motion [Doc. # 1] to the Office of the Federal Public Defender for the Eastern District of Missouri.IT IS FURTHER ORDERED that, within forty-five (45) days of the date of this Order, the Federal Public Defender shall file either (1) an amended motion to vacate brought pursuant to 28 U.S.C. § 2255 or (2) a request in the United States Court of Appeals for leave to bring a succes sive § 2255 motion, if such is required by 28 U.S.C. § 2244(b)(3).IT IS FURTHER ORDERED that the court will hold this matter in abeyance for forty-five (45) days. Amended/Supplemental Pleadings due by 2/19/2016.. Signed by District Judge Carol E. Jackson on 1/4/16. (MRS)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SOUTHEASTERN DIVISION
STEVE WINTERS,
Movant,
v.
UNITED STATES OF AMERICA,
Respondent.
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No. 1:15-CV-242-CEJ
ORDER
Before the court is the movant’s motion to vacate, set aside, or correct
sentence filed pursuant to 28 U.S.C. § 2255.
Movant seeks relief based on the
recent decision of the United States Supreme Court in Johnson v. United States,
135 S.Ct. 2551 (2015).
On August 14, 2015, the court entered an Administrative Order, styled In Re:
Johnson v. United States.
Pursuant to the Administrative Order, the court will
forward motion to the Office of the Federal Public Defender for the Eastern District
of Missouri, and provide the Federal Public Defender forty-five (45) days to review
the motion and defendant’s criminal history in order to determine whether
defendant may be eligible for a sentence reduction under Johnson.
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 records in their possession, including sealed records from the court file,
regarding the defendant’s criminal history.
This authorization does not permit the
disclosure of sentencing recommendations or statements of reasons for sentence.
If the Federal Public Defender’s Office believes that defendant may be eligible
for relief under Johnson, then it will have forty-five (45) days from the date of this
Order in which to file either an amended motion to vacate under 28 U.S.C. § 2255
or a request in the United States Court of Appeals for leave to bring a successive §
2255 motion, if such is required by 28 U.S.C. § 2244(b)(3).
Accordingly,
IT IS HEREBY ORDERED that the Clerk of Court is directed to forward a
copy of the defendant’s motion [Doc. # 1] to the Office of the Federal Public
Defender for the Eastern District of Missouri.
IT IS FURTHER ORDERED that, within forty-five (45) days of the date of
this Order, the Federal Public Defender shall file either (1) an amended motion to
vacate brought pursuant to 28 U.S.C. § 2255 or (2) a request in the United States
Court of Appeals for leave to bring a successive § 2255 motion, if such is required
by 28 U.S.C. § 2244(b)(3).
IT IS FURTHER ORDERED that the court will hold this matter in abeyance
for forty-five (45) days.
Dated this 4th day of January, 2016.
CAROL E. JACKSON
UNITED STATES DISTRICT JUDGE
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