United States District Court, E.D. Michigan, Northern Division
ORDER DIRECTING ADDITIONAL RESPONSE
L. LUDINGTON United States District Judge
19, 2015, Defendant-Petitioner Joseph Larmont Jeffrey was
sentenced to 140 months of incarceration for distributing
cocaine base and aiding and abetting the same. ECF No. 157.
Jeffrey did not appeal. On March 28, 2016, Jeffrey filed a
motion for relief. ECF No. 213. On April 12, 2016, Jeffrey
clarified that he was requesting relief under 28 U.S.C.
§ 2255. ECF No. 219. On September 26, 2016, Jeffrey
filed a motion to amend his motion to vacate his sentence.
ECF No. 245. Each of these motions have been referred to
Magistrate Judge Patricia T. Morris. ECF Nos. 221, 246.
October 25, 2016, Judge Morris issued a report recommending
that Jeffrey's motions be denied and the case dismissed.
ECF No. 247. Jeffrey filed a letter which contained two
objections on November 16, 2016. First, Jeffrey argues that
subsequent case law developments impact his claims.
Specifically, Jeffrey references United States v.
Hinkle, 832 F.3d 569 (5th Cir. 2016) and Hill v.
Masters, 836 F.3d 591 (6th Cir. 2016). In
Hinkle, the Fifth Circuit extended the Supreme
Court's rationale in Mathis v. United States,
136 S.Ct. 2243 (2016), to predicate drug offenses under the
Career Offender Guidelines. Because Jeffrey was sentenced
under United States Sentencing Guideline § 4B.1.1 and
not the residual clause in § 4B1.2(a), Hinkle
may be instructive. Second, Jeffrey objects that he did not
have two prior controlled substance convictions because he
was only arrested once, on the same day. He argues that the
single investigation and arrest should correspond to only one
predicate drug charge, not two.
December 12, 2016, the Court ordered the Government to
respond to Jeffrey's letter. On December 19, 2016, the
Government filed a response which addressed only
Jeffrey's second objection. Because the Government's
response to Jeffrey's letter was nonresponsive to
Jeffrey's first argument, a supplemental response will be
it is ORDERED that the Government is DIRECTED to file a
supplemental response to Defendant's letter, ECF No. 248,
addressing Jeffrey's arguments regarding United
States v. Hinkle, ...