Sledge v. United States of America

Filing 14

MINUTE ORDER RE-NOTING Petitioner's 13 Unopposed MOTION to Dismiss and Withdraw Motion to Vacate 2255 Motion; Noting Date reset for 4/21/2017. Authorized by Judge Thomas S. Zilly. (swt)

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1 2 3 4 5 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 6 7 UNITED STATES OF AMERICA, 8 Plaintiff, 9 10 v. NICHOLAS MICHAEL SLEDGE, Defendant. 11 12 NICHOLAS MICHAEL SLEDGE, Petitioner, 13 14 CR14-81 TSZ C16-873 TSZ v. UNITED STATES OF AMERICA, MINUTE ORDER 15 Respondent. 16 17 The following Minute Order is made by direction of the Court, the Honorable Thomas S. Zilly, United States District Judge: 18 (1) The Government’s motion to stay resentencing, docket no. 52 in CR14-81, is treated as a motion to continue resentencing and for an extension of time to file a 19 motion for reconsideration, and is GRANTED as follows: 20 (a) The resentencing scheduled for April 6, 2017, is STRICKEN, and will be reset at a later date if appropriate. 21 22 (b) Any motion for reconsideration in Case No. CR14-81 shall be filed by April 6, 2017, and noted for April 21, 2017. Any response shall be filed by the noting date. No reply shall be filed unless requested by the Court. Any motion for 23 MINUTE ORDER - 1 1 2 3 4 5 6 7 8 9 10 reconsideration and any response shall not exceed twelve (12) pages in length and shall address (i) whether Beckles v. United States, --- U.S. ---, 2017 WL 855781 (Mar. 6, 2017), has retroactive effect, and (ii) whether the Government has waived the ability to rely on Beckles by failing to even argue, in response to Sledge’s motion under 28 U.S.C. § 2255, that the Sentencing Guidelines are not subject to a void-for-vagueness challenge. (2) Petitioner’s motion, docket no. 13 in C16-873, to vacate the Order entered March 3, 2017, docket no. 12 in C16-873, is RENOTED to April 21, 2017. On or before April 6, 2017, petitioner shall file a supplemental brief, not to exceed five (5) pages in length, addressing: (i) on what basis does petitioner move to withdraw his motion under 28 U.S.C. § 2255; and (ii) whether petitioner must be provided an opportunity to allocute at any resentencing, even if the Order entered March 3, 2017, is vacated and the term of 104 months is re-imposed. Any response shall not exceed five (5) pages in length and shall be filed by the noting date. No reply shall be filed unless requested by the Court. (3) record. The Clerk is directed to send a copy of this Minute Order to all counsel of Dated this 23rd day of March, 2017. 11 William M. McCool Clerk 12 13 s/Karen Dews Deputy Clerk 14 15 16 17 18 19 20 21 22 23 MINUTE ORDER - 2

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