Adams v. USA

Filing 3

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 Southern District of Illinois. IT IS FURTHER ORDERED that the Clerk s hould enter Federal Public Defender Phillip J. Kavanaugh as counsel for movant in this action so that the Office of the Federal Public Defender in the Southern District of Illinois shall receive notice of all filings in this case. IT IS FURTHER ORD ERED 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, either by filing a written notice in this action of thei r 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, 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). IT IS FURTHER ORDERED that the Court shall hold this matter in abeyance for fortyfive (45) days. ( Response to Court due by 8/20/2016.), Attorney Phillip Kavanaugh for Curtis Adams added. Attorney St. Louis Fed Public Defender terminated. Signed by District Judge Catherine D. Perry on July 6, 2016. (Copy of Memorandum and Order sent to:Curtis Adams, 35592-044,TERRE HAUTE - USP, P.O. BOX 33,Terre Haute, IN 47808 this date.)(MCB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
CURTIS ADAMS,
Movant,
v.
UNITED STATES OF AMERICA,
Respondent,

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No. 4:16CV1061 CDP

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 may be eligible for relief
under the recent Supreme Court case of Johnson v. United States, 135 S.Ct. 2551 (2015).
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 Southern District of Illinois1, 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.

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The Court believes movant has a potential conflict of interest with the Federal Public
Defender’s Office in the Eastern District of Missouri given his claims for ineffective assistance
of counsel in this case.

If the Public Defender’s Office decides movant has a potential argument under Johnson,
the Public Defender, no later than forty-five (45) days of the date of this Order, should file either
an amended motion to vacate under § 2255 in this case, 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).
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 Southern District of Illinois.
IT IS FURTHER ORDERED that the Clerk should enter Federal Public Defender
Phillip J. Kavanaugh as counsel for movant in this action so that the Office of the Federal Public
Defender in the Southern District of Illinois shall receive notice of all filings in this case.
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, either by filing a written notice in this action of their 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, 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).
IT IS FURTHER ORDERED that the Court shall hold this matter in abeyance for fortyfive (45) days.
Dated this 6th day of July, 2016.

CATHERINE D. PERRY
UNITED STATES DISTRICT JUDGE

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