Hardin v. USA

Filing 7

ORDER granting Counsel's 6 MOTION to Withdraw as Attorney, and Federal Public Defender of WDNC is relieved from any further representation of Petitioner. Petitioner shall have 20 days from service of this Order to respond pro se to Govt's pending 5 MOTION to Dismiss. (Responses due by 6/1/2017 plus an additional 3 days if served by mail). Signed by District Judge Martin Reidinger on 5/09/17. (Pro se litigant served by US Mail.) (ejb)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:16-cv-00178-MR
CRIMINAL CASE NO. 1:13-cr-00039-MR-DLH-1

TRACY BERNARD HARDIN,

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Petitioner,
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vs.
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UNITED STATES OF AMERICA,
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Respondent.
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________________________________ )

ORDER

THIS MATTER is before the Court on a Motion to Withdraw as
Attorney, filed by the Federal Public Defender of Western North Carolina.1
[Civil Case No. 1:16-cv-00178-MR (“CV”), Doc. 6; Criminal Case No. 1:13cr-00039-MR-DLH-1 (“CR”), Doc. 21].
Counsel filed a Motion to Vacate under 28 U.S.C. § 2255 on behalf of
Petitioner on June 18, 2016, contending that Petitioner was eligible for relief
from his enhanced sentence under United States v. Johnson, 135 S. Ct.
2551 (2015). The Court placed Petitioner’s motion in abeyance pending the
outcome of Beckles v. United States, Supreme Court No. 15-8455.

In

Counsel was appointed to represent Petitioner by this Court’s November 22, 2015,
Standing Order No. 3:15-MC-196.
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Beckles, the petitioner argued that his career-offender sentence was
erroneously enhanced by an unconstitutionally vague residual clause of
U.S.S.G. § 4B1.2. On March 6, 2017, the Supreme Court held in Beckles
that the advisory Guidelines are not subject to vagueness challenges.
Beckles v. United States, 137 S. Ct. 886 (2017).
Having apparently determined that Petitioner’s Johnson claim has no
merit in light of the holding in Beckles, the Federal Public Defender now
seeks to withdraw as counsel so that Petitioner may continue to pursue relief
pro se, if he chooses to do so.
IT IS, THEREFORE, ORDERED that:
1.

Counsel’s Motion to Withdraw as Attorney [CV Doc. 6; CR Doc.
21] is GRANTED, and the Federal Public Defender of the
Western District of North Carolina is relieved from any further
representation of Petitioner.

2.

Petitioner shall have twenty (20) days from service of this Order
in which to respond pro se to the Government’s pending motion
to dismiss [CV Doc. 5].
Signed: May 9, 2017

IT IS SO ORDERED.

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