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Villa v. United States

United States District Court, D. Hawaii

July 5, 2017

WILLIAM VILLA, Petitioner,
v.
UNITED STATES OF AMERICA, Respondent. Civ. No. 16-00234 HG-KSC

          ORDER GRANTING VOLUNTARY DISMISSAL OF PETITIONER'S MOTION UNDER 28 U.S.C. § 2255 TO VACATE, SET ASIDE, OR CORRECT SENTENCE BY A PERSON IN FEDERAL CUSTODY (ECF NO. 559)

          HELEN GILLMOR UNITED STATES DISTRICT JUDGE.

         Petitioner William Villa filed a Motion Under 28 U.S.C. § 2255, seeking relief based on the United States Supreme Court's decision in Johnson v. United States, 135 S.Ct. 2552 (2015).

         Petitioner's Section 2255 Motion was held in abeyance pending the United States Supreme Court's decision in Beckles v. United States.

         Following the decision in Beckles, Petitioner filed a Notice of Voluntary Dismissal pursuant to Federal Rule of Civil Procedure 41(a). The Government filed an Opposition to Petitioner's Notice.

         Petitioner's Motion Under 28 U.S.C. § 2255 To Vacate, Set Aside, Or Correct Sentence is DISMISSED pursuant to Fed.R.Civ.P. 41(a)(2).

         PROCEDURAL HISTORY

         On May 16, 2016, Petitioner filed a MOTION UNDER 28 U.S.C. § 2255 TO VACATE, SET ASIDE, OR CORRECT SENTENCE BY A PERSON IN FEDERAL CUSTODY. (ECF No. 559).

         On the same date, Petitioner filed a MOTION FOR RELEASE ON BAIL (ECF No. 560) and a MEMORANDUM IN SUPPORT OF §2255 MOTION. (ECF No. 561).

         On May 18, 2016, the Court issued a Minute Order setting the briefing schedule on Petitioner's Motion for Release on Bail. (ECF No. 562).

         On May 31, 2016, the Government filed THE UNITED STATES OF AMERICA'S MEMORANDUM IN OPPOSITION TO THE DEFENDANT'S MOTION FOR RELEASE ON BAIL. (ECF No. 563).

         On June 14, 2016, Petitioner filed his REPLY TO GOVERNMENT'S OPPOSITION TO RELEASE ON BAIL. (ECF No. 564).

         On June 28, 2016, the Court held a hearing on Petitioner's Motion for Release on Bail. (ECF No. 565). Petitioner withdrew his Motion for Release on Bail at the hearing. (Id.)

         On July 8, 2016, the Court issued an ORDER RE: HOLDING MERITS REVIEW ON GUIDELINE AND SECTION 924(c) UNITED STATES v. JOHNSON CLAIMS IN ABEYANCE PENDING A DECISION IN BECKLES v. UNITED STATES. (ECF No. 566).

         On April 26, 2017, Petitioner filed a NOTICE OF VOLUNTARY DISMISSAL PURSUANT TO FED. R. CIV. P. 41(a)(1)(A)(i) of the Section 2255 Motion. (ECF No. 568).

         On June 8, 2017, the Government filed THE UNITED STATES OF AMERICA'S MEMORANDUM IN OPPOSITION TO THE DEFENDANT'S NOTICE OF VOLUNTARY DISMISSAL PURSUANT TO FED. R. CIV. P. ...


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