REPORT AND RECOMMENDATION CLIFTON L. CORKER , Magistrate Judge . Defendant Darries Leon Jackson ("Jackson"), proceeding pro se, has filed a motion to dismiss the indictment with prejudice, claiming that African-Americans were systematically excluded from the Grand Jury selection process [Doc. 43]. This matter is before the Court pursuant to 28 U.S.C. 636 and the standing orders of the District Court. An evidentiary hearing was conducted on December 1, 2016. I. PROCEDURAL HISTORY On...
REPORT AND RECOMMENDATION C. CLIFFORD SHIRLEY, Jr. , Magistrate Judge . This case is before the undersigned pursuant to 28 U.S.C. 636(b), Rule 72(b) of the Federal Rules of Civil Procedure, and the Rules of this Court for a report and recommendation regarding disposition by the District Court of the Plaintiff's Motion for Judgement on the Pleadings and Memorandum in Support [Docs. 12 & 13] and the Defendant's Motion for Summary Judgment and Memorandum in Support [Docs. 14 & 15]. Jack...
MEMORANDUM OPINION THOMAS A. VARLAN , Chief District Judge . Before the Court is Petitioner's motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. 2255 [Doc. 29]. He bases the request on Johnson v. United States , 135 S.Ct. 2551 (2015), in which the Supreme Court held that the residual clause of the Armed Career Criminal Act (ACCA), 18 U.S.C. 924(e), was unconstitutionally vague [ Id. ]. Respondent agrees Petitioner is entitled a reduction in sentence [Doc. 31]...
MEMORANDUM OPINION AND ORDER THOMAS A. VARLAN , Chief District Judge . This criminal case is before the Court on the defendant's motion for a sentence reduction [Doc. 510]. In the defendant's motion, the defendant requests that the Court resentence him pursuant to 18 U.S.C. 3582(c)(2) and in accordance with Amendment 782 and Amendment 788 to the United States Sentencing Guidelines Manual. The government has responded [Doc. 528], deferring to the Court's discretion as to whether, and to...
MEMORANDUM AND ORDER LEON JORDAN , District Judge . This criminal case is before the court on the defendant's pro se motion for sentence reduction [doc. 275], which has been rendered moot by the supplemental motion filed by counsel [doc. 283]. Through counsel, the defendant asks the court to reduce his sentence pursuant to 18 U.S.C. 3582(c)(2) and in accordance with Amendments 782 and 788 to the United States Sentencing Guidelines Manual ("U.S.S.G."). The government has responded [doc....
MEMORANDUM AND ORDER LEON JORDAN , District Judge . This criminal case is before the court on the defendant's pro se motions for sentence reduction [docs. 1152, 1166, 1249], which have been rendered moot by the supplemental motion filed by counsel [doc. 1250]. Through counsel, the defendant asks the court to reduce his sentence pursuant to 18 U.S.C. 3582(c)(2) and in accordance with Amendments 782 and 788 to the United States Sentencing Guidelines Manual ("U.S.S.G."). The government...
MEMORANDUM AND ORDER H. BRUCE GUYTON , Magistrate Judge . This case is before the undersigned pursuant to 28 U.S.C. 636, the Rules of this Court, and Standing Order 13-02. Now before the Court is the Plaintiff's Motion to Exclude Defendant's Expert Witnesses and/or Motion in Limine Regarding Expert Testimony [Doc. 280]. The parties appeared before the Court on December 21, 2016, for a motion hearing. Attorney Dan Stanley appeared on behalf of the Plaintiff. Attorneys Nathan Mauer and...
MEMORANDUM OPINION LEON JORDAN , District Judge . Before the Court is Petitioner's successive motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. 2255 [Doc. 99]. The petition relies on Johnson v. United States, 135 S.Ct. 2551 (2015), in which the Supreme Court held that the residual clause of the Armed Career Criminal Act (ACCA), 18 U.S.C. 924(e), was unconstitutionally vague [ Id. ]. This Court appointed Federal Defender Services of Eastern Tennessee (FDSET)...
MEMORANDUM AND ORDER BRUCE H. GUYTON , Magistrate Judge . All pretrial motions in this case have been referred to the undersigned pursuant to 28 U.S.C. 636(b) for disposition or report and recommendation regarding disposition by the District Court as may be appropriate. This case is before the Court on Defendant Allen Ho's Motion for Bill of Particulars [Doc. 71], filed on October 18, 2016, and Defendant Allen Ho's Motion to Compel Discovery [Doc. 76], filed on November 22, 2016. The...
MEMORANDUM AND ORDER LEON JORDAN , District Judge . Before the Court are two substantively identical requests to amend Petitioner's pro se motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. 2255, to include a request for collateral relief based on Johnson v. United States, 135 S.Ct. 2551 (2015) [Docs. 1002, 1014]. Also before the Court is Petitioner's request for an extension of time to file a reply to the United States' response in opposition [Doc. 1000]....
MEMORANDUM OPINION THOMAS W. PHILLIPS , Senior District Judge . Before the Court is Petitioner's pro se motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. 2255 [Doc. 24]. He bases his request for collateral relief on Johnson v. United States, 135 S.Ct. 2551 (2015), in which the Supreme Court held that the residual clause of the Armed Career Criminal Act ("ACCA"), 18 U.S.C. 924(e), was unconstitutionally vague [ Id. ]. The United States responded in...
MEMORANDUM OPINION THOMAS W. PHILLIPS , Senior District Judge . Before the Court is Petitioner's pro se motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. 2255 [Doc. 31]. He bases his request for collateral relief on Johnson v. United States, 135 S.Ct. 2551 (2015), in which the Supreme Court held that the residual clause of the Armed Career Criminal Act ("ACCA"), 18 U.S.C. 924(e), was unconstitutionally vague [ Id. ]. The United States responded in...
MEMORANDUM AND ORDER H. BRUCE GUYTON , Magistrate Judge . This case is before the undersigned pursuant to 28 U.S.C. 636, the Rules of this Court, and Standing Order 13-02. Now before the Court is the Defendant's Motion to Designate Attorney's Fee Expert [Doc. 98]. The Motion requests that the Court grant leave for the Defendant to designate Attorney James Craig Orr, Jr. as an expert on the issue of the reasonableness and necessity of Defendant's legal fees and expenses in this case....
ORDER THOMAS W. PHILLIPS , Senior District Judge . On May 23, 2016, Petitioner filed a motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. 2255 [Doc. 50]. 1 The petition challenges the propriety of his base offense level under Section 2K2.1 of the United States Sentencing Guidelines in light of the Supreme Court's decision in Johnson v. United States, 135 S.Ct. 2551 (2015) [ Id. ]. The request implicitly relies on Pawlak v. United States —in which the Sixth...
MEMORANDUM AND ORDER PAMELA L. REEVES , District Judge . On June 19, 2014, Petitioner filed a motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. 2255 [Docs. 62, 64]. 1 The petition challenges his armed career criminal designation in light of Johnson v. United States, 135 S.Ct. 2551 (2015), a decision in which the Supreme Court invalidated the residual provision of the Armed Career Criminal Act ("ACCA"), 18 U.S.C. 924(e), for unconstitutional vagueness [ Id....
MEMORANDUM AND ORDER CHRISTOPHER H. STEGER , Magistrate Judge . Defendant Randy Stiefel ("Defendant") came before the Court on December 16, 2016, in accordance with Rules 5 and 5.1 of the Federal Rules of Criminal Procedure, for an initial appearance on a Superseding Indictment out of the United States District Court for the Eastern District of Kentucky, Southern Division, London. After being sworn in due form of law, Defendant was informed or reminded of his privilege against self-...
MEMORANDUM AND ORDER CHRISTOPHER H. STEGER , Magistrate Judge . Defendant Kenneth Britton ("Defendant") came before the Court on December 16, 2016, in accordance with Rules 5 and 5.1 of the Federal Rules of Criminal Procedure, for an initial appearance on a Superseding Indictment out of the United States District Court for the Eastern District of Kentucky, Southern Division, London. After being sworn in due form of law, Defendant was informed or reminded of his privilege against self-...
MEMORANDUM AND ORDER CHRISTOPHER H. STEGER , Magistrate Judge . Defendant Anthony Joseph Bosio ("Defendant") came before the Court on December 16, 2016, in accordance with Rules 5 and 5.1 of the Federal Rules of Criminal Procedure, for an initial appearance on a Superseding Indictment out of the United States District Court for the Eastern District of Kentucky, Southern Division, London. After being sworn in due form of law, Defendant was informed or reminded of his privilege against...
MEMORANDUM AND ORDER CHRISTOPHER H. STEGER , Magistrate Judge . Defendant Christopher Land ("Defendant") came before the Court on December 16, 2016, in accordance with Rules 5 and 5.1 of the Federal Rules of Criminal Procedure, for an initial appearance on a Superseding Indictment out of the United States District Court for the Eastern District of Kentucky, Southern Division, London. After being sworn in due form of law, Defendant was informed or reminded of his privilege against self-...
MEMORANDUM AND ORDER CHRISTOPHER H. STEGER , Magistrate Judge . Defendant Jamie C. Sweeton ("Defendant") came before the Court on December 16, 2016, in accordance with Rules 5 and 5.1 of the Federal Rules of Criminal Procedure, for an initial appearance on a Superseding Indictment out of the United States District Court for the Eastern District of Kentucky, Southern Division, London. After being sworn in due form of law, Defendant was informed or reminded of his privilege against self-...
