Opinion
CRIMINAL ACTION No. 09-157
04-23-2013
UNITED STATES OF AMERICA v. CHARLES RAYMOND
ORDER
Before the Court is a motion for an out-of-time appeal filed by defendant, Charles Raymond ("Raymond"), pursuant to 28 U.S.C. § 2255. The government has filed an opposition, but it did not address whether Raymond's § 2255 motion is timely.
R. Doc. No. 460.
R. Doc. No. 461.
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IT IS ORDERED that if the government does not intend to waive the statute of limitations defense, it shall file a memorandum with respect to the timeliness of Raymond's motion no later than Tuesday, April 30, 2013. See Wood v. Milyard, 132 S. Ct. 1826 (2012); United States v. Pierce, 489 F. App'x 767 (5th Cir. 2012). The government should specifically address whether the one-year limitations period was tolled by the amended judgment entered on April 2, 2012, which modified the restitution order to name additional defendants responsible for the restitution obligation. See, e.g., 18 U.S.C. § 3664(o) ("A sentence that imposes an order of restitution is a final judgment notwithstanding the fact that . . . such a sentence can subsequently be . . . amended . . . or . . . adjusted.").
IT IS FURTHER ORDERED that defendant shall file a response to the government's defense, if any, by Tuesday, May 7, 2013.
New Orleans, Louisiana, April 23, 2013.
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LANCE M. AFRICK
UNITED STATES DISTRICT JUDGE