Opinion
CR-20-00109-JD
02-04-2022
UNITED STATES OF AMERICA, Plaintiff, v. MICHAEL KERRY KENDRICK, Defendant.
ORDER
JODI W. DISHMAN, UNITED STATES DISTRICT JUDGE.
Before the Court are Notices to the Court Regarding the Issuance of an Opinion in United States v. Anthony, which are [Doc. No. 68] in United States v. Glass, Case No. CR-20-00105-JD (“Glass”) and [Doc. No. 70] in United States v. Kendrick, Case No. CR-20-00109-JD (“Kendrick”) (together, “Notices”). The Notices were filed consistent with the Court's Orders staying the restitution hearings in these cases. [Doc. No. 64 in Glass, and Doc. No. 66 in Kendrick]. The background, reasoning, and rulings from those Orders are incorporated in this Order. The Notices request time to file amended briefing accounting for United States v. Anthony, 22 F.4th 943, 2022 WL 108602 (10th Cir. 2022).
The Court agrees that an amended motion and briefing are appropriate in light of Anthony and sua sponte permits the parties to file amended briefs. The United States may file an amended motion for restitution in both Glass and Kendrick by February 28, 2022. Upon the filing of amended motions, the Court plans to strike the existing restitution motions in light of the updated filings. [Doc. No. 57 in Glass, and Doc. No. 58 in Kendrick]. Defendants may file responses within twenty-one (21) days of the filing of the amended motions. The United States may file replies within fourteen (14) days of the filing of response briefs.
IT IS ORDERED.