Webb v. USA

Filing 4

MEMORANDUM AND ORDER IT IS HEREBY ORDERED the Clerk of Court is directed to forward a copy of thisMemorandum and Order, as well as the Courts June 7, 2016 Memorandum and Order, to the Office of the Federal 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 Order, whether it will be pursuing movants arguments under Johnson, either by filing a written notice in this action of their intent to represent movant, or by filing an amended motion to vacate, brought pursuant to 28 U.S.C. § 2255, also in thisaction, 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). Response to Court due by 8/29/2016. Signed by District Judge Jean C. Hamilton on 7/25/16. (CLA)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
TOMMIE WEBB,
Movant,
v.
UNITED STATES OF AMERICA,
Respondent,

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No. 4:16CV631 JCH

MEMORANDUM AND ORDER
This matter is before the Court upon its own review. On June 7, 2016, the Court issued a
Memorandum and Order in this case relative to movant’s pro se motion to vacate.
On that date, the Court forwarded movant’s § 2255 motion to the Office of the Public
Defender for the Eastern District of Missouri and provided the Office forty-five (45) days to
review movant’s criminal history in order to decide whether movant had a potential argument for
sentence reduction under Johnson v. United States, 135 S.Ct. 2551 (2015). To date, the Office of
the Public Defender has not responded to the Court’s Order.
Accordingly,
IT IS HEREBY ORDERED the Clerk of Court is directed to forward a copy of this
Memorandum and Order, as well as the Court’s June 7, 2016 Memorandum and Order, to the
Office of the Federal 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 Order, whether it will be pursuing movant’s arguments
under Johnson, either by filing a written notice in this action of their intent 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).
Dated this

25th

day of July, 2016.

\s\ Jean C. Hamilton
JEAN C. HAMILTON
UNITED STATES DISTRICT JUDGE

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