Opinion
No. 4:16 CV 1095 CDP
11-22-2016
ANTHONY OWENS, Movant, v. UNITED STATES OF AMERICA, Respondent.
MEMORANDUM AND ORDER
Movant Anthony Owens brings this motion to vacate, set aside, or correct sentence under 28 U.S.C. § 2255, claiming only that the Supreme Court case of Johnson v. United States, 135 S. Ct. 2551 (2015), should be applied to his case in order to reduce his sentence. In response, the government contends that the motion should be dismissed, arguing inter alia that Owens failed to obtain the necessary permission from the Eighth Circuit Court of Appeals to file a successive petition. Owens now seeks to withdraw his claim. Given the present posture of this case, I will grant Owens' request and dismiss his motion to vacate.
Owens filed a motion to vacate in 2013, which I denied on its merits. See Owens v. United States, No. 4:13CV2561 CDP (E.D. Mo. July 8, 2015) (order). In December 2015, the Eighth Circuit dismissed Owens' appeal of this decision, Owens v. United States, No. 15-2877 (8th Cir. Dec. 29, 2015) (judgment), and later affirmed my denial of his post-judgment motions, Owens v. United States, No. 16-1166 (8th Cir. Feb. 8, 2016) (judgment). --------
Accordingly,
IT IS HEREBY ORDERED that movant Anthony Owens' motion to withdraw [9] is GRANTED.
IT IS FURTHER ORDERED that movant's motion to vacate, set aside, or correct sentence under 28 U.S.C. § 2255 [1] is DISMISSED.
/s/_________
CATHERINE D. PERRY
UNITED STATES DISTRICT JUDGE Dated this 22nd day of November, 2016.