SANDERS v. U.S., 5:09-CR-00020-F-1 (2014)
Court: District Court, E.D. North Carolina
Number: infdco20140724c18
Visitors: 9
Filed: Jul. 22, 2014
Latest Update: Jul. 22, 2014
Summary: ORDER JAMES C. FOX, District Judge. This matter is before the court on Sironda Lavryee Sanders' Motion to Vacate, Set Aside, or Correct Sentence pursuant to 28 U.S.C. 2255 [DE-57]. The court has conducted an examination of Sanders' 2255 motion pursuant to Rule 4(b) of the Rules Governing 2255 Proceedings and concludes that dismissal is not warranted at this time. Therefore, the United States Attorney is DIRECTED to file an Answer pursuant to Rule 5, Rules Governing 2255 Proceedings, or to
Summary: ORDER JAMES C. FOX, District Judge. This matter is before the court on Sironda Lavryee Sanders' Motion to Vacate, Set Aside, or Correct Sentence pursuant to 28 U.S.C. 2255 [DE-57]. The court has conducted an examination of Sanders' 2255 motion pursuant to Rule 4(b) of the Rules Governing 2255 Proceedings and concludes that dismissal is not warranted at this time. Therefore, the United States Attorney is DIRECTED to file an Answer pursuant to Rule 5, Rules Governing 2255 Proceedings, or to ..
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ORDER
JAMES C. FOX, District Judge.
This matter is before the court on Sironda Lavryee Sanders' Motion to Vacate, Set Aside, or Correct Sentence pursuant to 28 U.S.C. § 2255 [DE-57]. The court has conducted an examination of Sanders'§ 2255 motion pursuant to Rule 4(b) of the Rules Governing§ 2255 Proceedings and concludes that dismissal is not warranted at this time. Therefore, the United States Attorney is DIRECTED to file an Answer pursuant to Rule 5, Rules Governing§ 2255 Proceedings, or to make such other response as appropriate to the above-captioned § 2255 motion within forty (40) days of the filing of this Order.
The court notes that Sanders has arguably made a challenge based on United States v. Simmons, 649 F.3d 237 (4th Cir. 2011) (en banc). Therefore, pursuant to Standing Order No.11-S0-3 (E.D.N.C. Oct. 18, 2011), the Office ofthe Federal Public Defender is appointed to represent Sanders in connection with these proceedings. The Clerk is DIRECTED to serve the Office of the Federal Public Defender with a copy of this Order.
SO ORDERED.
Source: Leagle
