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Someda v. United States

United States District Court, D. Hawaii

July 5, 2017

JARED SOMEDA, Petitioner,
v.
UNITED STATES OF AMERICA, Respondent. Civ. No. 16-00092 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. 133)

          HELEN GILLMOR UNITED STATE DISTRICT JUDGE.

         Petitioner Jared Someda 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 March 1, 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. 133).

         On March 18, 2016, Petitioner filed a MEMORANDUM IN SUPPORT OF § 2255 MOTION. (ECF No. 135).

         On April 11, 2016, the Government filed UNITED STATES' MEMORANDUM IN OPPOSITION TO PETITION OF JARED SOMEDA UNDER 28 U.S.C. § 2255 TO VACATE, SET ASIDE, OR CORRECT SENTENCE BY A PERSON IN FEDERAL CUSTODY. (ECF No. 136).

         On April 15, 2016, the Court issued a Minute Order holding Petitioner's Motion in abeyance. (ECF No. 137).

         On April 27, 2016, Petitioner filed his REPLY TO GOVERNMENT'S OPPOSITION. (ECF No. 138).

         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. 139).

         On April 13, 2017, Petitioner filed DEFENDANT-PETITIONER'S SUPPLEMENTAL MEMORANDUM, informing the Court that Petitioner's Counsel intended to seek dismissal upon receiving consent from the Petitioner. (ECF No. 140).

         On April 21, 2017, the Government filed UNITED STATES OF AMERICA'S MEMORANDUM IN OPPOSITION TO DISMISSAL OF THE DEFENDANT'S § 2255 MOTION ...


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