Coleman v. United States

Full title: JOSEPH W. COLEMAN, Movant, v. UNITED STATES OF AMERICA, Respondent

Court: UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION

Date published: May 30, 2018

No. 4:17CV1578 HEA (E.D. Mo. May. 30, 2018)

Opinion

No. 4:17CV1578 HEA

05-30-2018

JOSEPH W. COLEMAN, Movant, v. UNITED STATES OF AMERICA, Respondent

HENRY EDWARD AUTREY UNITED STATES DISTRICT JUDGE

OPINION , MEMORANDUM AND ORDER

Before the Court is movant's pro se motion to vacate, set aside, or correct sentence pursuant to 28 U.S.C. § 2255, which indicates that movant believes he may be eligible for relief under the recent Supreme Court case of Johnson v. United States, 135 S.Ct. 2551 (2015).

On August 14, 2015, this Court entered an Administrative Order, styled In Re: Johnson v. United States. Pursuant to the Administrative Order, the Court will forward movant's § 2255 motion to the Office of the Public Defender for the Eastern District of Missouri, and provide the Public Defender forty-five (45) days to review the said motion and movant's criminal history in order to determine whether movant has a potential argument for a sentence reduction under Johnson. In order to facilitate this process, the Court has issued a separate Administrative Order, authorizing the Clerk of Court and the United States Probation Office to provide to the Office of the Federal Public Defender and to the Office of the United States Attorney any records in their possession, including sealed records from the Court file regarding the movant's criminal history.

If the Public Defender's Office decides movant has a potential argument under Johnson, the Public Defender, no later than forty-five (45) days of the date of this Order, should file an amended motion to vacate under § 2255 in this case.

Accordingly,

IT IS HEREBY ORDERED that the Clerk of Court is directed to forward a copy of movant's § 2255 motion to the Office of the Public Defender for the Eastern District of Missouri.

IT IS FURTHER ORDERED that the Public Defender shall notify this Court, within forty-five (45) days of the date of this Memorandum and Order, whether it will be pursuing movant's arguments under Johnson, either by filing a written notice in this action of their intent not to represent movant, or by filing an amended motion to vacate, brought pursuant to 28 U.S.C. § 2255.

IT IS FURTHER ORDERED that the Court shall hold this matter in abeyance for forty-five (45) days.

Dated this 30^th day of May, 2018.

/s/_________

HENRY EDWARD AUTREY

UNITED STATES DISTRICT JUDGE