Thomas v. USA

Filing 9

MEMORANDUM AND ORDER : IT IS HEREBY ORDERED Movant shall have an additional sixty (60) days from the date of this Order in which to file his brief in support of his motion to vacate. IT IS FURTHER ORDERED that the Clerk of Court shall notify the Un ited States Probation Office of Movants § 2255 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 us ual 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 c riminal case, simultaneous objections to the Resentence Report or statements that they have no objection. Within seven (7) days of such time, the Office of Probation and Pretrial Services shall file a final copy of the Resentence Report in Movant 's criminal case. IT IS FURTHER ORDERED that on the same day as the Final Resentence Report is filed by the Probation Office in the criminal case, the Government shall file its response to Movant's motion to vacate in this case. IT IS FU RTHER ORDERED that any reply to the Government's response to the motion to vacate shall be filed, in this case, no later than fourteen (14) days from the date the response is filed. (Response to Court due by 11/8/2016.) (cc:USP). Signed by District Judge John A. Ross on 9/9/16. (KKS)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
WINFRED LAMAR THOMAS,
Movant,
v.
UNITED STATES OF AMERICA,
Respondent,

)
)
)
)
)
)
)
)
)

No. 4:16-CV-969 JAR

MEMORANDUM AND ORDER
This matter is before the Court on its own review of Movant’s 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 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 Movant shall have an additional sixty (60) days from the
date of this Order in which to file his brief in support of his motion to vacate.
IT IS FURTHER ORDERED that the Clerk of Court shall notify the United States
Probation Office of Movant’s § 2255 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 Office of Probation and Pretrial Services shall
file a final copy of the Resentence Report in Movant’s criminal case.
IT IS FURTHER ORDERED that on the same day as the Final Resentence Report is
filed by the Probation Office in the criminal case, the Government shall file its response to
Movant’s motion to vacate in this case.
IT IS FURTHER ORDERED that any reply to the Government’s response to the
motion to vacate shall be filed, in this case, no later than fourteen (14) days from the date the
response is filed.
Dated this 9th day of September, 2016.

JOHN A. ROSS
UNITED STATES DISTRICT JUDGE

2