United States District Court, Eastern District of Michigan, Southern Division
April 6, 2015
UNITED STATES OF AMERICA, Plaintiff,
MARTIN TUCKER, Defendant.
ORDER DIRECTING RESPONSE
ROBERT H. CLELAND UNITED STATES DISTRICT JUDGE
On November 19, 2013, after being found guilty of aiding and abetting bank robbery, 18 U.S.C. § 2113(a), and using, carrying and brandishing of a firearm during and in relation to a crime of violence, 18 U.S.C. § 924(c)(1), Defendant was sentenced to 63 and 84 months’ imprisonment, to be served consecutively. (Dkt. # 97, Pg. ID 1578.) On November 23, 2013, Defendant filed a notice of appeal. (Dkt. # 98, Pg. ID 1586.)
On February 28, 2014, Defendant filed a Motion for Post-Conviction DNA Testing pursuant to 18 U.S.C. § 3600. (Dkt. # 111.) The court denied the motion, due to the pendency of Defendant’s appeal challenging his conviction on several grounds. (Dkt. # 114.) The Court of Appeals for the Sixth Circuit affirmed the conviction and sentence on October 22, 2014. United States v. Scherer, 770 F.3d 407 (6th Cir. 2014). Defendant filed a petition for a writ of certiorari with the Supreme Court on November 20, 2014. Defendant also renewed his Motion for Post-Conviction DNA Testing on December 9, 2014. (Dkt. # 121.) The Supreme Court denied the petition for a writ of certiorari on January 12, 2015. Accordingly, the court now has jurisdiction to consider Defendant’s motion.
IT IS ORDERED that the Government shall file a response to Defendant’s Motion for Post-Conviction DNA Testing (Dkt. # 121) by Monday, May 4, 2015.