Brown v. USA

Filing 21

ORDER instructing the parties to file supplemental briefs within 30 days. Petitioner's Brief due by 7/30/2012. Respondent's Brief due by 7/30/2012. Signed by District Judge Richard Voorhees on 6/28/12. (smj)

UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION
5:09-cv-00048-RLV
BROOKS THOMAS LACKEY
BROWN,
Petitioner,
v.
UNITED STATES OF AMERICA,
Respondent.

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ORDER

THIS MATTER is before the Court on Petitioner’s Motion under 28 U.S.C. § 2255 to
Vacate, Set Aside or Correct Sentence, (Doc. No. 1), and Respondent’s Motion for Summary
Judgment, (Doc. 10).
On May 7, 2009, Petitioner filed a Motion to Vacate, Set Aside or Correct Sentence
under 28 U.S.C. § 2255 and a Memorandum in support of this Motion, (Doc. No. 2).
Respondent filed an Answer in Opposition to Petitioner’s Motion, (Doc. No. 9), and a Motion
for Summary Judgment on August 10, 2009. On May 15, 2012, Petitioner filed a supplemental
brief, (Doc. No. 20), citing Lafler v. Cooper, 132 S.Ct. 1376 (2012), a recent decision by the
U.S. Supreme Court as additional grounds for relief.
In light of Lafler and another recent decision by the U.S. Supreme Court, Freeman v.
United States, 131 S.Ct. 2685 (2011), the parties are ordered to file supplemental briefs
addressing the impact, if any, of these cases and any other applicable, recent case law on the
instant case within thirty (30) days.
It is so ORDERED.

Signed: June 28, 2012