Patterson v. United States

• Court: District Court, W.D. Tennessee
• Decided: September 9, 2019
• Docket: 1:15-cv-01300
• Status: Unknown

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TENNESSEE EASTERN DIVISION

JERRY PATTERSON,

Petitioner,

v. Case No. 1:15-cv-01300-JDB-egb Re 1:14-cr-10004-JDB

UNITED STATES OF AMERICA,

Respondent.

ORDER DIRECTING GOVERNMENT TO RESPOND TO MOTION

On August 22, 2019, Petitioner, Jerry Patterson, through counsel, file a document styled “Petitioner’s Fourth Supplemental Motion to Vacate, Set Aside, or Correct Sentence under 28 U.S.C. § 2255.” (Docket Entry (“D.E.”) 34.) The document asks the Court to reconsider its order (see D.E. 22) denying his claim under Johnson v. United States, 135 S. Ct. 2551.1 (Id. at PageID 160.) He argues that “cases currently pending [before] the Sixth Circuit Court of Appeals” support his argument that he no longer qualifies as an armed career criminal. (Id. at PageID 159.) Respondent, the United States of America, has not responded to the motion within the time provided under Local Rule 7.2. The Government is therefore ORDERED to file a response to the motion within fourteen days of the entry of this order.

1On February 6, 2019, the Court lifted the stay of proceedings in this case in light of the United States Supreme Court’s decision in United States v. Stitt, 139 S. Ct. 399 (2018). (D.E. 22 at PageID 101). By that same order, the Court denied Petitioner’s Johnson claim, and directed Respondent, United States of America, to file a response to the remaining claim. (Id. at PageID 105-06.) Respondent filed its response on April 28, 2019. (D.E. 33.) IT IS SO ORDERED this 9th day of September 2019.

s/ J. DANIEL BREEN UNITED STATES DISTRICT JUDGE