Beck v. USA

Filing 28

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Movant's Motion to Correct Sentence Under 28 U.S.C. § 2255 1 is GRANTED. IT IS FURTHER ORDERED that the judgment and commitment in United States v. Richard D. Beck, No. 4:96-CR-00084-JAR-1 is VACATED subject to resentencing. IT IS FURTHER ORDERED that the United States Probation Office shall promptly prepare and file in Movant's criminal case a new resentencing report on Mr. Beck. Movant is granted a new sentencing hearing, to be set as soon as the new resentencing report is completed. Mr. Beck shall remain in custody pending the sentencing hearing. IT IS FURTHER ORDERED that the Clerk of Court shall provide a copy of this Memorandum and Order to the United States Prob ation Office. IT IS FURTHER ORDERED that the Clerk of Court is directed to docket a copy of this Memorandum and Order in the criminal case, No. 4:96-CR-00084-JAR-1. IT IS FINALLY ORDERED that Petitioner's Motion to Expedite Civil Action Under 28 U.S.C. § 1657 23 is DENIED as moot. A separate Judgment will accompany this Memorandum and Order. Signed by District Judge John A. Ross on 4/9/2018. (CLO)(cc: Probation)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
RICHARD D. BECK,
Movant,
v.
UNITED STATES OF AMERICA,
Respondent.

)
)
)
)
)
)
)
)
)

No. 4:16-CV-998 JAR

MEMORANDUM AND ORDER
This matter is before the Court on Movant Richard Beck’s Motion to Correct Sentence
Under 28 U.S.C. § 2255, based on Johnson v. United States, 135 S. Ct. 2551 (2015). (Doc. No.
1). On April 9, 2018, the Court ordered the Government to show cause why the motion should
not be granted in light of the Eighth Circuit’s recent decision in United States v. Naylor, No. 162047 (8th Cir. Apr. 5, 2018), holding that “convictions for second-degree burglary under Mo.
Rev. Stat. § 569.170 (1979) do not qualify as violent felonies under the [Armed Career Criminal
Act].” Id., slip op. at 15. In response, the Government concedes that Petitioner is no longer an
armed career criminal under the Armed Career Criminal Act, 18 U.S.C. § 924(e) and requests the
Court direct the U.S. Probation Office to issue a new presentence investigation report consistent
with Naylor and thereafter resentence Movant. (Doc. No. 27)
Accordingly,
IT IS HEREBY ORDERED that Movant’s Motion to Correct Sentence Under 28
U.S.C. § 2255 [1] is GRANTED.
IT IS FURTHER ORDERED that the judgment and commitment in United States v.
Richard D. Beck, No. 4:96-CR-00084-JAR-1 is VACATED subject to resentencing.

IT IS FURTHER ORDERED that the United States Probation Office shall promptly
prepare and file in Movant’s criminal case a new resentencing report on Mr. Beck. Movant is
granted a new sentencing hearing, to be set as soon as the new resentencing report is completed.
Mr. Beck shall remain in custody pending the sentencing hearing.
IT IS FURTHER ORDERED that the Clerk of Court shall provide a copy of this
Memorandum and Order to the United States Probation Office.
IT IS FURTHER ORDERED that the Clerk of Court is directed to docket a copy of this
Memorandum and Order in the criminal case, No. 4:96-CR-00084-JAR-1.
IT IS FINALLY ORDERED that Petitioner’s Motion to Expedite Civil Action Under
28 U.S.C. § 1657 [23] is DENIED as moot.
A separate Judgment will accompany this Memorandum and Order.

Dated this 9th day of April, 2018.

JOHN A. ROSS
UNITED STATES DISTRICT JUDGE

2