Williams v. USA

Filing 14

MEMORANDUM AND ORDER... IT IS FURTHER ORDERED that, within a reasonable time, and in its usual course of business, the United States Probation Office shall prepare and file in movant's criminal case a new Resentence Report relative to movant&# 039;s contentions under Johnson, which shall be filed under seal, with access to the Court and the parties who have entered their appearance in this matter. (SEE ORDER FOR COMPLETE DETAILS.). Signed by District Judge Ronnie L. White on 11/14/2016. (NEB)

UNITED ST ATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
JEROME WILLIAMS,
Movant,
V.

UNITED STATES OF AMERICA,
Respondent.

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No. 4:15CV1813 RLW

MEMORANDUM AND ORDER
Before the Court is movant's amended motion to vacate, brought pursuant to 28 U.S.C. §
2255. In his motion to vacate, movant seeks a reduction in his sentence pursuant to the recent
Supreme Court case of Johnson v. United States, 135 S.Ct. 2551 (2015).
In Johnson , the Supreme Court of the United States held the "residual clause" of the
Armed Career Criminal Act ("the ACCA"), 18 U.S .C. § 924(e)(2)(B)(ii), unconstitutionally
vague. As movant was convicted under the ACCA and as it appears from the amended motion to
vacate that he is relying on Johnson as the basis for his arguments for resentencing, this Court
will request assistance from the United States Probation Office for the Eastern District of
Missouri in reviewing movant's § 2255 petition.
Accordingly,
IT IS HEREBY ORDERED that the Clerk of Court shall notify the United States
Probation Office of movant's § 2255 amended motion to vacate and that it is brought pursuant to
the Supreme Court case of Johnson v. United States, 135 S.Ct. 2551 (2015).
IT IS FURTHER ORDERED that, within a reasonable time, and in its usual course of
business, the United States Probation Office shall prepare and file in movant's criminal case a

new Resentence Report relative to movant's contentions under Johnson, which shall be filed
under seal, with access to the Court and the parties who have entered their appearance in this
matter.

IT IS FURTHER ORDERED that within fourteen (14) days of the filing of the
Probation Office's Disclosure Copy of the Resentence Report, the parties shall file, in movant's
criminal case, simultaneous objections to the Resentence Report or statements that they have no
objection. Within seven (7) days of such time, the United States Probation Office shall file a
final copy of the Resentence Report in movant's criminal case.

IT IS FURTHER ORDERED that within fourteen (14) days of the filing of the Final
Resentence Report by the Probation Office in the criminal case, the Government shall file its
response to movant's amended motion to vacate in this case.

IT IS FURTHER ORDERED that any reply to the Government's response to the
amended motion to vacate shall be filed, in this case, no later than fourteen (14) days from the
date the response is filed.
Dated this

~ay of November, 2016.

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RONNIE L. WHITE
UNITED STA TES DISTRICT JUDGE

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