Boyd v. USA

Filing 11

MEMORANDUM AND ORDER - Accordingly, IT IS HEREBY ORDERED that Petitioner Willie E. Boyd's Motion Request for Status Update on the Resentence Report [ECF No. 9] is DENIED. IT IS FURTHER ORDERED that Petitioner Willie E. Boyd's Motion Waiving Resentencing Hearing, and/or Telephone Conference [ECF No. 10] will be held in abeyance. Signed by District Judge E. Richard Webber on April 12, 2017. (MCB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

WILLIE E. BOYD,
Petitioner,
vs.
UNITED STATES OF AMERICA,
Respondent.

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Case No. 4:16CV02148 ERW

MEMORANDUM AND ORDER
This matter comes before the Court on Petitioner Willie E. Boyd’s Motion Request for
Status Update on the Resentence Report [ECF No. 9] and Petitioner’s Motion Waiving
Resentencing Hearing, and/or Telephone Conference [ECF No. 10].
Petitioner requests the Court issue an order to the United States Probation Office for a
status update in regards to his resentencing report and submit an amended scheduling order to
shorten the deadlines. On April 11, 2017, the United States Probation Office filed Petitioner’s
resentencing report. The Government is responsible for responding to an overwhelming number
of cases filed requesting relief pursuant to Johnson v. United States. 135 S. Ct. 2251 (2015).
Fourteen days to file a response to the resentencing report and an additional fourteen days to file
a response to the Motion to Vacate is not an unreasonably long time period for the Government
to respond. Therefore, the Court will not amend the scheduling deadlines.
As for Petitioner’s request to waive a resentencing hearing or telephone conference, the
Court will hold this motion in abeyance until a determination has been made as to whether
Petitioner is entitled to a resentencing.

Accordingly,
IT IS HEREBY ORDERED that Petitioner Willie E. Boyd’s Motion Request for Status
Update on the Resentence Report [ECF No. 9] is DENIED.
IT IS FURTHER ORDERED that Petitioner Willie E. Boyd’s Motion Waiving
Resentencing Hearing, and/or Telephone Conference [ECF No. 10] will be held in abeyance.
So Ordered this 12th day of April, 2017.

E. RICHARD WEBBER
SENIOR UNITED STATES DISTRICT JUDGE