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United States v. Ramey

United States District Court, W.D. Virginia, Roanoke Division

January 31, 2014

UNITED STATES OF AMERICA,
v.
DAVID ALEXANDER RAMEY, JR., Defendant.

ORDER

GLEN E. CONRAD, Chief District Judge.

In accordance with the accompanying memorandum opinion, it is hereby

ADJUDGED AND ORDERED

as follows:

1. The motion to dismiss (ECF No. 73) is GRANTED IN PART AND DENIED IN PART, as follows: the motion to dismiss is GRANTED as to the defendant's Claim 1, challenging the supervised release revocation sentence imposed in Case No. 7:95CR00126, but the motion to dismiss is DENIED as to the defendant's Claim 2, alleging that the government failed to file a promised motion for sentence reduction for substantial assistance;
2. The government is DIRECTED to submit a response to the merits of the defendant's Claim 2 within thirty days from entry of this order; and
3. The clerk is DIRECTED to docket a copy of the § 2255 motion (ECF No. 166) and a copy of this order and the accompanying memorandum opinion in Case No. 7:95CR00126, for administrative purposes, as a separate § 2255 action, opened and dismissed as of the date of this order.

The Clerk is directed to send copies of this order and the accompanying memorandum opinion to the defendant.


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