HODGES v. U.S.

Case No. C16-1521JLR.

MELVIN HODGES, JR., Petitioner, v. UNITED STATES OF AMERICA, Respondent.

United States District Court, W.D. Washington, Seattle.

Editors Note
Applicable Law: 28 U.S.C. § 2255
Cause: 28 U.S.C. § 2255 Motion to Vacate / Correct Illegal Sentence
Nature of Suit: 510 Prisoner: Vacate Sentence
Source: PACER


Attorney(s) appearing for the Case

Melvin Hodges, Jr, Petitioner, represented by Michael Filipovic , FEDERAL PUBLIC DEFENDER'S OFFICE.

Melvin Hodges, Jr, Petitioner, represented by Vanessa Pai-Thompson , FEDERAL PUBLIC DEFENDER'S OFFICE.

United States of America, Respondent, represented by Helen J. Brunner , US ATTORNEY'S OFFICE & Michael S. Morgan , US ATTORNEY'S OFFICE.


ORDER REGARDING SUPPLEMENTAL AUTHORITY

JAMES L. ROBART, District Judge.

On March 8, 2017, Respondent United States of America ("the Government") filed a notice of supplemental authority concerning the Supreme Court's decision in Beckles v. United States, ___ U.S. ___, 2017 WL 855781 (Mar. 6, 2017). (Notice (Dkt. # 11).) The Government argues that "Beckles requires [Mr.] Hodges's motion be denied." (Id. at 2.) Mr. Hodges filed a response to the Government's notice in which he asks the court to defer ruling on his 28 U.S.C. § 2255 petition (Mot. (Dkt. # 1)) until after he files a supplemental memorandum as to why the Supreme Court's decision in Beckles does not control the outcome of his petition (Resp. (Dkt. # 12) at 1). Mr. Hodges commits to filing his supplemental memorandum by March 15, 2017. (See id.)

The court will defer ruling on Mr. Hodges's petition until after it has reviewed Mr. Hodge's supplemental memorandum. The court ORDERS Mr. Hodges to limit his supplemental memorandum to 10 pages. In addition, the Government may, but is not required to, file a supplemental memorandum of no more than 10 pages responding to the same issue. If the Government files a supplemental memorandum, it shall do so no later than March 15, 2017. Finally, the court DIRECTS the Clerk to re-note Mr. Hodges's petition (see Dkt. ## 1, 8) to March 15, 2017.


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