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United States v. Hackett, 1:18-cr-00097-DAD. (2019)

Court: District Court, E.D. California Number: infdco20190711845 Visitors: 8
Filed: Jul. 10, 2019
Latest Update: Jul. 10, 2019
Summary: ORDER REQUIRING RESPONSE FROM THE GOVERNMENT DALE A. DROZD , District Judge . On February 1, 2019, defendant filed a pro se motion to reduce his sentence pursuant to the First Step Act, 18 U.S.C. 3631 et seq. (Doc. No. 14.) Thereafter, the court appointed the Federal Defender's Office ("FDO") to represent defendant in conjunction with that motion and set a briefing schedule. (Doc. No. 15.) Pursuant to that briefing schedule, the FDO was given 60 days from the date of the order to file
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ORDER REQUIRING RESPONSE FROM THE GOVERNMENT

On February 1, 2019, defendant filed a pro se motion to reduce his sentence pursuant to the First Step Act, 18 U.S.C. § 3631 et seq. (Doc. No. 14.) Thereafter, the court appointed the Federal Defender's Office ("FDO") to represent defendant in conjunction with that motion and set a briefing schedule. (Doc. No. 15.) Pursuant to that briefing schedule, the FDO was given 60 days from the date of the order to file a supplement to defendant's pro se motion, and the government was given 30 days to file a response. (Id.) The FDO filed its brief on June 3, 2019. (Doc. No. 16.) Although more than thirty days have now passed, the government has not filed a response to defendant's motion, nor has the it requested an extension of time to do so. The FDO, accordingly, filed a notice of government's default on July 9, 2019, seeking an immediate ruling from this court on defendant's motion.1 (Doc. No. 17.)

The government will be granted until July 11, 2019 to file any opposition to the pending motion for relief or statement of non-opposition. If no such filing is received from the government by that date, the court will grant defendant's motion as unopposed.

IT IS SO ORDERED.

FootNotes


1. As indicated in the motion pending before the court it is defendant's position that the granting of relief should result in his immediate release from confinement. (Doc. No. 16 at 2.)
Source:  Leagle

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