Carter v. USA

Filing 2

MEMORANDUM AND ORDER..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 Federal Public Defender for the Southeastern District of Missouri. IT IS FURTHER ORDERED that th e Federal Public Defender shall, within forty-five (45) days of the date of this Order, respond to the Court as indicated above. IT IS FURTHER ORDERED that the Court shall hold this matter in abeyance for fortyfive(45) days. Response to Court due by 3/6/2017. Signed by District Judge Stephen N. Limbaugh, Jr on 1/20/17. (MRS)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SOUTHEASTERN DIVISION
RONALD J. CARTER,
Movant,
v.
UNITED STATES OF AMERICA,
Respondent.

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No. 1:17-cv-5-SNLJ

ORDER
Before the Court is movant’s pro se motion to vacate, set aside, or correct sentence
pursuant to 28 U.S.C. § 2255. Therein, movant indicates he believes he may be eligible for relief
pursuant to the Supreme Court’s decision in Johnson v. United States, 135 S. Ct. 2551 (2015).
The motion will be forwarded to the Office of the Federal Public Defender for review.
On August 14, 2015, this Court entered an Administrative Order styled In Re: Johnson v.
United States. Pursuant thereto, the Court will forward the instant motion to the Office of the
Federal Public Defender for the Southeastern District of Missouri, and provide forty-five (45)
days for review of the instant motion and movant’s criminal history in order to determine
whether movant has a potential argument for a sentence reduction. 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.
After reviewing the instant motion, the Federal Public Defender’s Office should take the
action it deems appropriate, including filing a written notice in this action of their intent not to

represent movant, filing an amended motion to vacate pursuant to 28 U.S.C. § 2255 in this
action, filing 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), or other appropriate action. The Federal Public Defender’s
response is due to the Court no later than forty-five (45) days of the date of this Order.
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 Federal Public Defender for the Southeastern
District of Missouri.
IT IS FURTHER ORDERED that the Federal Public Defender shall, within forty-five
(45) days of the date of this Order, respond to the Court as indicated above.
IT IS FURTHER ORDERED that the Court shall hold this matter in abeyance for fortyfive (45) days.
Dated this 20th day of January, 2017.

STEPHEN N. LIMBAUGH, JR.
UNITED STATES DISTRICT JUDGE

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