U.S. v. Byrd, 1:11CR107 HEA. (2016)
Court: District Court, E.D. Missouri
Number: infdco20160520b86
Visitors: 13
Filed: May 19, 2016
Latest Update: May 19, 2016
Summary: OPINION, MEMORANDUM AND ORDER HENRY EDWARD AUTREY , District Judge . This matter is before the Court on defendant's motion for relief in which he indicates that he may be entitled to relief under Johnson v. United States, 135 S.Ct. 2551 (2015). The Court referred this action to the Federal Public Defender's office to determine whether it would file a motion on defendant's behalf. It has informed the Court that it will not file anything. The Court finds that it is in the interest of ju
Summary: OPINION, MEMORANDUM AND ORDER HENRY EDWARD AUTREY , District Judge . This matter is before the Court on defendant's motion for relief in which he indicates that he may be entitled to relief under Johnson v. United States, 135 S.Ct. 2551 (2015). The Court referred this action to the Federal Public Defender's office to determine whether it would file a motion on defendant's behalf. It has informed the Court that it will not file anything. The Court finds that it is in the interest of jus..
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OPINION, MEMORANDUM AND ORDER
HENRY EDWARD AUTREY, District Judge.
This matter is before the Court on defendant's motion for relief in which he indicates that he may be entitled to relief under Johnson v. United States, 135 S.Ct. 2551 (2015). The Court referred this action to the Federal Public Defender's office to determine whether it would file a motion on defendant's behalf. It has informed the Court that it will not file anything.
The Court finds that it is in the interest of justice to convert defendant's motion to a motion to vacate under 28 U.S.C. § 2255. Therefore, the Court will order the Clerk to file it as a new case.
Accordingly,
IT IS HEREBY ORDERED that the Clerk is directed to administratively terminate defendant's motion for relief [ECF No. 45] and to file it as a new action under 28 U.S.C. § 2255.
Source: Leagle
