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U.S. v. Johnston, C 09-00103-9 CRB. (2016)

Court: District Court, N.D. California Number: infdco20160601807 Visitors: 11
Filed: May 31, 2016
Latest Update: May 31, 2016
Summary: ORDER TO SHOW CAUSE CHARLES R. BREYER , District Judge . Defendant has filed a motion to vacate pursuant to 28 U.S.C. 2255. See Mot. (dkt. 405). He argues that his prior offenses do not qualify as crimes of violence and that his constitutional claim under Johnson v. United States , 135 S.Ct. 2551 (2015) is viable. See generally id. Good cause appearing therefor, the Government is hereby ORDERED to file an opposition to Defendant's motion within 60 days of this Order. Defendant may
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ORDER TO SHOW CAUSE

Defendant has filed a motion to vacate pursuant to 28 U.S.C. § 2255. See Mot. (dkt. 405). He argues that his prior offenses do not qualify as crimes of violence and that his constitutional claim under Johnson v. United States, 135 S.Ct. 2551 (2015) is viable. See generally id. Good cause appearing therefor, the Government is hereby ORDERED to file an opposition to Defendant's motion within 60 days of this Order. Defendant may file a response within 30 days thereafter, if he wishes to do so.

IT IS SO ORDERED.

Source:  Leagle

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