Spaulding v. U.S., CR612-017 (2018)
Court: District Court, N.D. Georgia
Number: infdco20180307b68
Visitors: 16
Filed: Mar. 06, 2018
Latest Update: Mar. 06, 2018
Summary: ORDER G.R. SMITH , Magistrate Judge . Asha K. Spaulding moves under 28 U.S.C. 2255 to vacate, set aside, or correct his federal sentence. Doc. 1. On preliminary screening, the Court denied her motion based on Spaulding's waiver of her direct and collateral appeal rights. Doc. 3 at 4 (recommending denial based on movant's sworn statement in her plea agreement); doc. 5 (adopting recommendation as judgment of the Court). Movant appealed, and the Eleventh Circuit vacated and remanded for fur
Summary: ORDER G.R. SMITH , Magistrate Judge . Asha K. Spaulding moves under 28 U.S.C. 2255 to vacate, set aside, or correct his federal sentence. Doc. 1. On preliminary screening, the Court denied her motion based on Spaulding's waiver of her direct and collateral appeal rights. Doc. 3 at 4 (recommending denial based on movant's sworn statement in her plea agreement); doc. 5 (adopting recommendation as judgment of the Court). Movant appealed, and the Eleventh Circuit vacated and remanded for furt..
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ORDER
G.R. SMITH, Magistrate Judge.
Asha K. Spaulding moves under 28 U.S.C. § 2255 to vacate, set aside, or correct his federal sentence. Doc. 1. On preliminary screening, the Court denied her motion based on Spaulding's waiver of her direct and collateral appeal rights. Doc. 3 at 4 (recommending denial based on movant's sworn statement in her plea agreement); doc. 5 (adopting recommendation as judgment of the Court). Movant appealed, and the Eleventh Circuit vacated and remanded for further proceedings to "accord the parties fair notice and an opportunity to present their positions" before disposing of the case based on the plea waiver, which Spaulding did not have the chance to address prior to adoption of the recommendation. Doc. 18 (appeal opinion, quoting Day v. McDonough, 547 U.S. 198, 210 (2006)); see doc. 6 (objection to the report and recommendation timely signature-filed but received by the Court after entry of the Order Adopting). The Court therefore DIRECTS the Clerk to REOPEN this case and further DIRECTS the Government to respond to Spaulding's motion within sixty days from the date of this Order. 28 U.S.C. § 2255 Rule 4(b).
SO ORDERED.
Source: Leagle
