Slaughter v. USA

Filing 4

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 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 Memorandum and Order, whether it will be pursuing movant's arguments under Johnson by filing a written notice in this action of its intent not to re present movant, or by filing an amended motion to vacate, brought pursuant to 28 U.S.C. § 2255, also in this action. IT IS FURTHER ORDERED that the Court shall hold this matter in abeyance for forty-five (45) days. IT IS FURTHER OR DERED that the Clerk of the Court shall send a copy of this Order to movant at the address shown on the pro se motion to vacate, set aside, or correct sentence. Response to Court due by 8/8/2016.. Signed by District Judge Charles A. Shaw on 6/24/16. (JWD)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
DONALD SLAUGHTER,
Movant,
v.
UNITED STATES OF AMERICA,
Respondent.

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No. 4:16-CV-915 CAS

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 is eligible for relief under
the recent Supreme Court case of Johnson v. United States, 135 S. Ct. 2551 (2015). On June 7,
2016, the Eighth Circuit Court of Appeals granted movant’s motion for authorization to file a
successive habeas petition. See Slaughter v. United States, No. 4:14-CV-1389 CAS (Doc. 6).
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 Eastern District of Missouri, and provide the
Public Defender forty-five (45) days to review the said 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 should file, no later than forty-five (45) days of the date of this Order, an
amended motion to vacate under § 2255 in this case.
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 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 Memorandum and Order, whether it will be pursuing
movant’s arguments under Johnson by filing a written notice in this action of its 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.
IT IS FURTHER ORDERED that the Court shall hold this matter in abeyance for fortyfive (45) days.
IT IS FURTHER ORDERED that the Clerk of the Court shall send a copy of this Order
to movant at the address shown on the pro se motion to vacate, set aside, or correct sentence.

CHARLES A. SHAW
UNITED STATES DISTRICT JUDGE

Dated this 24th day of June, 2016.

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