Kemmerling v. United States of America

Filing 8

ORDER DIRECTING GOVERNMENT TO RESPOND. Signed by Judge J. Daniel Breen on 10/3/17. (mbm)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
EASTERN DIVISION
JOSEPH KEMMERLING,
Petitioner,
v.

No. 1:16-cv-01151-JDB-egb

UNITED STATES OF AMERICA,
Respondent.
___________________________________________________________________________
ORDER DIRECTING GOVERNMENT TO RESPOND
___________________________________________________________________________
On June 16, 2016, the Petitioner, Joseph Kemmerling, filed a motion to vacate, set aside,
or correct sentence pursuant to 28 U.S.C. § 2255 (“Petition”). (Docket Entry (“D.E.”) 1.) On
June 30, 2017, Mr. Kemmerling filed an emergency motion requesting an immediate ruling for
relief under Section 2255 pursuant to the impact of the recent decision of the Sixth Circuit Court
of Appeals in United States v. Stitt, 860 F.3d 854 (6th Cir. 2017), on this case. (D.E. 7.) The
United States Probation Office subsequently issued a July 27, 2017 memorandum addressing
Stitt. The Government is DIRECTED, within eleven days of the entry of this order, to respond to
the Petition in light of Stitt.
IT IS SO ORDERED this 3rd day of October 2017.
s/ J. DANIEL BREEN
UNITED STATES DISTRICT JUDGE