KENNEDY v. U.S.

Civil Action No. 2:15-CV-30, Case No. 2:14-cr-12.

WESTLEY KAYEON KENNEDY, Petitioner, v. UNITED STATES OF AMERICA, Respondent.

United States District Court, S.D. Georgia, Brunswick Division.

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


Attorney(s) appearing for the Case

Westley Kayeon Kennedy, Petitioner, Pro Se.

United States Of America, Respondent, represented by Carlton R. Bourne, Jr. , U.S. Attorney's Office & R. Brian Tanner , U.S. Attorney's Office.


ORDER

R. STAN BAKER, Magistrate Judge.

Westley Kennedy ("Kennedy"), an inmate currently incarcerated at USP Coleman I in Sumterville, Florida, filed an action under 28 U.S.C. § 2255 on March 3, 2015, attacking a judgment of conviction obtained in this Court in Case Number 2:14-cr-12. Kennedy simultaneously filed a direct appeal of his conviction with the Eleventh Circuit Court of Appeals on March 3, 2015. Notice of Appeal, United States v. Kennedy, No. 2:14-cr-12 (S.D. Ga. Mar. 3, 2015), ECF No. 634. Accordingly, on May 29, 2015, the Court stayed all proceedings in this case pending resolution of Kennedy's direct appeal. (Doc. 6.) The Court directed Respondent to file a Response to or a Motion to Dismiss Kennedy's Section 2255 Motion within thirty (30) days of the Eleventh Circuit's issuance of an opinion. (Id.)

On February 2, 2017, the Eleventh Circuit granted in part and denied in part Respondent's Motion to Dismiss Kennedy's direct appeal of his sentence. Appeal Op., United States v. Kennedy, No. 2:14-cr-12 (S.D. Ga. Feb. 3, 2017), ECF No. 784. The Eleventh Circuit granted the Government's Motion as to Kennedy's argument that his plea agreement was procedurally unconscionable. Id. However the court found that the record was not sufficiently developed on direct appeal to address Kennedy's remaining argument that his plea was involuntary because his counsel had a conflict of interest. Id. Thus, the Court affirmed Kennedy's conviction with leave for Kennedy to raise his remaining argument on collateral review. However, Kennedy filed a petition for rehearing in the Eleventh Circuit.

Accordingly, the Court hereby ORDERS that all deadlines and proceedings in this case are STAYED UNTIL FURTHER ORDER OF THE COURT. Within thirty (30) days of resolution of the petition for rehearing by the Eleventh Circuit, Respondent shall file a Response to or a Motion to Dismiss Kennedy's Section 2255 Motion to Vacate, Set Aside, or Correct Sentence.1

SO ORDERED.

FootNotes


1. If the Petition for rehearing is granted, Respondent's deadline for filing a Response or Motion to Dismiss is thirty days after the Eleventh Circuit's resoultion of the appeal on rehearing.

Comment

1000 Characters Remaining

Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions.

User Comments

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases