Opinion
17-cr-20733
06-11-2024
UNITED STATES OF AMERICA, Plaintiff, v. RONNIE EDWARD DUKE, Defendant.
ORDER GRANTING MOTION FOR EXTENSION OF TIME (ECF No. 168)
HON. MATTHEW F. LEITMAN, JUDGE
On December 7, 2021, Defendant Ronnie Edward Duke pleaded guilty in this Court to one count of Wire Fraud Affecting a Financial Institution, in violation of 18 U.S.C. § 1343, and one count of Aggravated Identity Theft, in violation of 18 U.S.C. § 1028A(a)(1). (See Rule 11 Plea Agmt., ECF No. 121.) The Court imposed sentence on Duke on June 29, 2022. (See Judgment, ECF No. 137; Am. Judgment, ECF No. 148.)
On June 27, 2023, Duke filed (1) a motion to vacate his sentence pursuant to 28 U.S.C. § 2255 (see Mot., ECF No. 152) and (2) a supporting memorandum of law of 47 pages, excluding exhibits, which is nearly twice the size allowed under the Court's local rules. (See Memo. of Law, id.) Then, on September 26, 2023, Duke filed an addendum that included an additional 42 pages of legal argument and over 120 pages of additional exhibits. (See Addendum, ECF No. 158.)
On October 26, 2023, the Court struck Duke's oversized memorandum of law and his addendum, but it did not strike his initial motion to vacate his sentence. (See Order, ECF No. 161.) That motion remains pending. In the Court's October 26 order, it directed Duke to file a single, consolidated legal memorandum in support of his motion to vacate of no more than 50 pages by no later than January 29, 2024. (See Order, ECF No. 161.) The Court later extended the time for Duke to file his memorandum of law until May 31, 2024. (See Order, ECF No. 167.)
Now before the Court is Duke's second motion for an extension of time. (See Mot., ECF No. 168.) In that motion, Duke asks for an additional 30 days “to file under 28 U.S.C. § 2255” because of difficulties he's experienced obtaining legal copies and other documents. (Id.)
The Court GRANTS Duke's motion. The Court acknowledges the difficulties that Duke may face in preparing his memorandum of law due to his incarceration. Thus, it will grant him twice the amount of additional time that he asked for in his motion. Accordingly, Duke shall file his memorandum of law by no later than July 31, 2024 . The Government shall file its response by no later than October 31, 2024 . The Court reminds Duke that, as the Court explained in its prior order (see Order, ECF No. 161), Duke need not file a new motion to vacate his sentence. Instead, Duke shall file a single, consolidated legal memorandum in support of his currently-pending motion to vacate that does not exceed 50 pages (not including exhibits). If Duke files a memorandum longer than 50 pages, the Court will strike it from the record.
Because the Court is allowing Duke to file a consolidated memorandum of law in support of his motion to vacate, the Court will TERMINATE AS MOOT Duke's pending request to amend his motion to vacate (ECF No. 156).
IT IS SO ORDERED.
I hereby certify that a copy of the foregoing document was served upon the parties and/or counsel of record on June 11, 2024, by electronic means and/or ordinary mail.
s/Holly A. Ryan
Case Manager
(313) 234-5126