Stroupe v. USA

Filing 18

ORDER granting 17 Motion to Lift Stay. The Government shall within 30 days submit a memorandum indicating its position regarding Petitioner's right to relief following Whiteside. Signed by District Judge Richard Voorhees on 4/15/14. (smj)

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DISTRICT COURT OF THE UNITED STATES WESTERN DISTRICT OF NORTH CAROLINA STATESVILLE DIVISION 5:11-cv-149-RLV (5:05-cr-221-RLV-DCK-2) BON ALEXANDER STROUPE, ) ) Petitioner, ) ) vs. ) ) UNITED STATES OF AMERICA, ) ) Respondent. ) ____________________________________ ) ORDER THIS MATTER is before the Court on Petitioner’s Motion to Lift Stay, (Doc. No. 17), on Petitioner Motion to Vacate, Set Aside or Correct Sentence under 28 U.S.C. § 2255, (Doc. No. 1), and seeking an order granting Petitioner relief pursuant to the Fourth Circuit Court of Appeals decision in Whiteside v. United States, No. 13-7152, 2014 WL 1364019 (4th Cir. Apr. 8, 2014). Petitioner is represented by Ann L. Hester of the Federal Defenders of Western North Carolina. IT IS ORDERED that Petitioner’s Motion to Lift Stay, (Doc. No. 17), is GRANTED. The Government shall, within thirty days, submit a memorandum indicating its position regarding Petitioner’s right to relief following Whiteside. Signed: April 15, 2014 1

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