U.S. v. CHAVEZ, 14-CR-00423-JB. (2016)
Court: District Court, D. New Mexico
Number: infdco20160805d05
Visitors: 25
Filed: Jul. 06, 2016
Latest Update: Jul. 06, 2016
Summary: ORDER STEPHAN M. VIDMAR , Magistrate Judge . This matter is before the Court, sua sponte under rule 4(b) of the Rules Governing Section 2255 Cases, on Defendant Ronald Lewis Chavez's Motion To Vacate Judgment Under 28 U.S.C. 2255, which seeks to vacate the enhancement of Defendant's sentence under the career offender provision of the United States Sentencing Guidelines, in light of the Johnson v. United States, 135 S.Ct. 2551 (2015). [CV Doc. 1; CR Doc. 54] Defendant states that "[
Summary: ORDER STEPHAN M. VIDMAR , Magistrate Judge . This matter is before the Court, sua sponte under rule 4(b) of the Rules Governing Section 2255 Cases, on Defendant Ronald Lewis Chavez's Motion To Vacate Judgment Under 28 U.S.C. 2255, which seeks to vacate the enhancement of Defendant's sentence under the career offender provision of the United States Sentencing Guidelines, in light of the Johnson v. United States, 135 S.Ct. 2551 (2015). [CV Doc. 1; CR Doc. 54] Defendant states that "[d..
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ORDER
STEPHAN M. VIDMAR, Magistrate Judge.
This matter is before the Court, sua sponte under rule 4(b) of the Rules Governing Section 2255 Cases, on Defendant Ronald Lewis Chavez's Motion To Vacate Judgment Under 28 U.S.C. § 2255, which seeks to vacate the enhancement of Defendant's sentence under the career offender provision of the United States Sentencing Guidelines, in light of the Johnson v. United States, 135 S.Ct. 2551 (2015). [CV Doc. 1; CR Doc. 54] Defendant states that "[d]ue to time constraints," he was unable "to fully brief the issues presented in this petition" and indicates that he will "ask for leave to supplement this petition at a later time." [CV Doc. 1; CR Doc. 54].
The Court will set a briefing schedule on Defendant's § 2255 motion and direct the United States to file an answer.
IT IS HEREBY ORDERED that the Clerk is directed to forward to the United States of America a copy of Defendant's Motion To Vacate Judgment Under 28 U.S.C. § 2255 and a copy of this Order;
IT IS FURTHER ORDERED that Defendant shall file a brief addressing why he is entitled to relief on his Motion To Vacate Judgment Under 28 U.S.C. § 2255 by August 5, 2016.
IT IS FURTHER ORDERED that the United States shall file an answer to Defendant's § 2255 motion by September 6, 2016.
IT IS SO ORDERED.
Source: Leagle
