Owens v. USA

Filing 10

MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that movant Anthony Owens' motion to withdraw 9 is GRANTED. IT IS FURTHER ORDERED that movant's motion to vacate, set aside, or correct sentence under 28 U.S.C. § 2255 1 is DISMISSED. Signed by District Judge Catherine D. Perry on November 22, 2016. (MCB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
ANTHONY OWENS,
Movant,
v.
UNITED STATES OF AMERICA,
Respondent.

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No. 4:16 CV 1095 CDP

MEMORANDUM AND ORDER
Movant Anthony Owens brings this motion to vacate, set aside, or correct
sentence under 28 U.S.C. § 2255, claiming only that the Supreme Court case of
Johnson v. United States, 135 S. Ct. 2551 (2015), should be applied to his case in
order to reduce his sentence. In response, the government contends that the motion
should be dismissed, arguing inter alia that Owens failed to obtain the necessary
permission from the Eighth Circuit Court of Appeals to file a successive petition.1
Owens now seeks to withdraw his claim. Given the present posture of this case, I
will grant Owens’ request and dismiss his motion to vacate.
Accordingly,
IT IS HEREBY ORDERED that movant Anthony Owens’ motion to
1

Owens filed a motion to vacate in 2013, which I denied on its merits. See Owens v. United
States, No. 4:13CV2561 CDP (E.D. Mo. July 8, 2015) (order). In December 2015, the Eighth
Circuit dismissed Owens’ appeal of this decision, Owens v. United States, No. 15-2877 (8th Cir.
Dec. 29, 2015) (judgment), and later affirmed my denial of his post-judgment motions, Owens v.
United States, No. 16-1166 (8th Cir. Feb. 8, 2016) (judgment).

withdraw [9] is GRANTED.
IT IS FURTHER ORDERED that movant’s motion to vacate, set aside, or
correct sentence under 28 U.S.C. § 2255 [1] is DISMISSED.

_______________________________
CATHERINE D. PERRY
UNITED STATES DISTRICT JUDGE

Dated this 22nd day of November, 2016.

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