Sackrider v. USA

Filing 3

ORDER that the Federal Defender shall file a supplement or amendment to the Johnson and/or Johnson-related ineffective assistance of counsel claims raised in Petitioner's motion to vacate or notice that it does not intend to file a supplement within 60 days. Supplement or notice due by 1/3/2017. Petitioner's 2 Motion to Appoint Counsel is denied as moot. Signed by District Judge Richard Voorhees on 11/1/16. (Pro se litigant served by US Mail.)(smj) (Main Document 3 replaced on 11/1/2016) (smj). Regenerated NEF. Modified on 11/1/2016 (smj).

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION
5:16-cv-125-RLV
(5:14-cr-26-RLV-1)
BRANDON SCOTT SACKRIDER,

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

ORDER

THIS MATTER is before the Court on Petitioner’s Motion under 28 U.S.C. § 2255 to
Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody. (Doc. No. 1.) Petitioner
seeks relief under Johnson v. United States, 135 S. Ct. 2551 (2015). Also before the Court is
Petitioner’s Motion for Appointment of Counsel. (Doc. No. 2.)
On November 17, 2015, the judges of this Court issued a Standing Order appointing the
Federal Defenders of Western North Carolina (“FDWNC”) to represent any defendant who was
previously determined to have been entitled to appointment of counsel, or who is now indigent,
to determine if that defendant is eligible for relief under Johnson. Standing Order in re: Johnson
v. United States, No. 3:13-mc-00196-FDW (W.D.N.C. Nov. 17, 2015). Petitioner was
previously determined to be indigent.
In addition to raising Johnson and Johnson-related ineffective assistance of counsel
claims (Ground III, Doc. No. 1), Petitioner raises two unrelated ineffective assistance of counsel
claims (Grounds I, II, Doc. No. 1). The Court, therefore, will direct the FDWNC to review only
Petitioner’s Johnson claim and related ineffective assistance of counsel claim. The FDWNC
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may enter an appearance in this case, if it determines Petitioner is eligible for relief under either
claim.
IT IS, THEREFORE, ORDERED THAT:
1. No later than sixty (60) days from entry of this Order, the Federal Defenders of North
Carolina shall file a supplement or amendment to the Johnson and/or Johnson-related
ineffective assistance of counsel claims raised in Petitioner’s motion to vacate or
notice that it does not intend to file a supplement;
2. Petitioner’s Motion for Appointment of Counsel is DENIED (Doc. No. 2) as moot;
and
3. The Clerk of Court shall provide a copy of this Order to Petitioner and the Federal
Defenders of Western North Carolina.

Signed: November 1, 2016

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