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U.S. v. HENDRIX, 4:10-cr-40001-002. (2016)

Court: District Court, W.D. Arkansas Number: infdco20160810518 Visitors: 10
Filed: Aug. 08, 2016
Latest Update: Aug. 08, 2016
Summary: ORDER BARRY A. BRYANT , Magistrate Judge . Movant, a Defendant in this criminal matter, has submitted his Motion under 28 U.S.C. 2255 to Vacate, Set Aside, or Correct Sentence. ECF Nos. 52. The Court previously appointed the Federal Defender to represent the Movant and determine if a claim could be made on her behalf pursuant to Johnson vs. United States of America, 135 S.Ct. 2551 (2015). The Federal Defender has now moved to withdraw stating there is no viable Claim under Johnson.
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ORDER

Movant, a Defendant in this criminal matter, has submitted his Motion under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence. ECF Nos. 52. The Court previously appointed the Federal Defender to represent the Movant and determine if a claim could be made on her behalf pursuant to Johnson vs. United States of America, 135 S.Ct. 2551 (2015). The Federal Defender has now moved to withdraw stating there is no viable Claim under Johnson. ECF No. 55. This Motion should be granted. I have also reviewed the remaining claims of the Movant and find the Government should respond to these claims.

IT IS ORDERED the Motion to Withdraw filed herein by the Federal Defender, (ECF No. 55) is GRANTED and the Federal Defender is allowed to withdraw as counsel of record for Movant.

FURTHER, IT IS ORDERED the United States of America, by and through the United States Attorney for the Western District of Arkansas, is ordered to answer or otherwise respond to the issues raised by the Motion (ECF No. 52) within sixty (60) days of the date of this Order.

Source:  Leagle

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