Hopkins v. USA
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Movants motion for leave to amend his § 2255 motion (Doc. 7 ) is GRANTED. (SEE ORDER FOR DETAILS). Signed by District Judge John A. Ross on 8/31/2016. (CLO)(Copy of Order and Amended Petition, entry 8, forwarded to Probation)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
UNITED STATES OF AMERICA,
No. 4:16-CV-1125 JAR
MEMORANDUM AND ORDER
Counsel entered an appearance in this matter on July 12, 2016. Now pending are
Movant’s motion for leave to amend his motion to vacate, brought under 28 U.S.C. § 2255 (Doc.
7); and Movant’s amended motion for relief under § 2255 (Doc. 8). Movant’s motion 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.
IT IS HEREBY ORDERED that Movant’s motion for leave to amend his § 2255
motion (Doc. 7) is GRANTED.
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
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
amended motion to vacate shall be filed, in this case, no later than fourteen (14) days from the
date the response is filed.
Dated this 31st day of August, 2016.
JOHN A. ROSS
UNITED STATES DISTRICT JUDGE
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