Williams v. USA
Filing
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MEMORANDUM AND ORDER re: 4 MOTION to Withdraw as Attorney ;attorney/firm Michael Skrien filed by Petitioner Dennis L. Williams motion is GRANTED. IT IS FURTHER ORDERED that the Clerk of Court is directed to forward a copy of movants 167; 2255 motion to the Office of the Public Defender for the Southern District of Illinois. IT IS FURTHER ORDERED that the Clerk should enter Federal Public Defender Phillip J. Kavanaugh as counsel for movant in this action so that the Office of the Federal PublicDefender in the Southern District of Illinois shall receive notice of all filings in this case. IT IS FURTHER ORDERED that the Illinois Public Defender 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, 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 pursuantto 28 U.S.C. § 2255, als o in this action, or a request in the Court of Appeals for leave to bring a successive § 2255 motion, as required by 28 U.S.C. § 2244(b)(3).IT IS FURTHER ORDERED that the Court shall hold this matter in abeyance for forty-five (45) days.( Response to Court due by 10/7/2016.). Signed by District Judge Stephen N. Limbaugh, Jr on 8/23/16. (MRS)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SOUTHEASTERN DIVISION
DENNIS L. WILLIAMS,
Movant,
v.
UNITED STATES OF AMERICA,
Respondent,
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No. 1:16CV172 SNLJ
MEMORANDUM AND ORDER
Before the Court is movant’s pro se motion to vacate, set aside, or correct sentence
pursuant to 28 U.S.C. § 2255, which indicates that movant believes he may be eligible for relief
under the recent Supreme Court case of Johnson v. United States, 135 S.Ct. 2551 (2015). Also
before the Court is a motion to withdraw filed by the Office of the Federal Public Defender for
the Eastern District of Missouri, indicating that because movant has claimed ineffective
assistance of trial counsel, it would be a conflict of interest for that office to represent movant on
his motion to vacate.
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 Southern District of Illinois, and provide the
Public Defender forty-five (45) days to review the motion and movant’s criminal history in order
to determine whether movant has a potential argument 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 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,
the Public Defender, no later than forty-five (45) days of the date of this Order, should file either
an amended motion to vacate under § 2255 in this case, or a request in the Court of Appeals for
leave to bring a successive § 2255 motion, as required by 28 U.S.C. § 2244(b)(3).
Accordingly,
IT IS HEREBY ORDERED that the motion to withdraw filed by the Office of the
Public Defender for the Eastern District of Missouri [Doc. #4] is GRANTED.
IT IS FURTHER 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 Southern District of Illinois.
IT IS FURTHER ORDERED that the Clerk should enter Federal Public Defender
Phillip J. Kavanaugh as counsel for movant in this action so that the Office of the Federal Public
Defender in the Southern District of Illinois shall receive notice of all filings in this case.
IT IS FURTHER ORDERED that the Illinois 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, 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, also in this action, or a request in the Court of Appeals for leave to bring a
successive § 2255 motion, as required by 28 U.S.C. § 2244(b)(3).
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IT IS FURTHER ORDERED that the Court shall hold this matter in abeyance for fortyfive (45) days.
Dated this 23rd day of August, 2016.
STEPHEN N. LIMBAUGH, JR.
UNITED STATES DISTRICT JUDGE
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