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Sparks v. U.S., 6:16-CV-3179-ODS. (2016)

Court: District Court, W.D. Missouri Number: infdco20160601b30 Visitors: 6
Filed: May 31, 2016
Latest Update: May 31, 2016
Summary: ORDER (1) DENYING PETITIONER'S MOTION TO VACATE SENTENCE, (2) DENYING AS MOOT PETITIONER'S COUNSEL'S MOTION TO WITHDRAW, AND (3) DENYING AS MOOT PETITIONER'S MOTION TO APPOINT COUNSEL ORTRIE D. SMITH , Senior District Judge . Petitioner seeks to vacate his sentence based upon Welch v. United States , 136 S.Ct. 1257 (2016), and Johnson v. United States , 135 S.Ct. 2551 (2015). Petitioner's arguments were previously addressed by this Court in August 2015, when the Court denied Petitioner
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ORDER (1) DENYING PETITIONER'S MOTION TO VACATE SENTENCE, (2) DENYING AS MOOT PETITIONER'S COUNSEL'S MOTION TO WITHDRAW, AND (3) DENYING AS MOOT PETITIONER'S MOTION TO APPOINT COUNSEL

Petitioner seeks to vacate his sentence based upon Welch v. United States, 136 S.Ct. 1257 (2016), and Johnson v. United States, 135 S.Ct. 2551 (2015). Petitioner's arguments were previously addressed by this Court in August 2015, when the Court denied Petitioner's identical Motion to Vacate Sentence. Case No. 6-11-CR-3045 (Doc. #69). Petitioner's Motion to Vacate Sentence in this matter is denied for the same reasons. With the denial of Petitioner's Motion to Vacate Sentence, Petitioner's Counsel's Motion to Withdraw and Petitioner's Motion to Appoint Counsel are rendered moot.

The Clerk of the Court is directed to mail a copy of this Order to:

Timothy Sparks Reg No. 23205-045 FCI El Reno P.O. Box 1500 El Reno, OK 73036

IT IS SO ORDERED.

Source:  Leagle

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