USA v. Boston

3:18-cr-00095NcwdSep 13, 2024

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:18-cr-95-RJC-DCK-1
UNITED STATES OF AMERICA, )
)
Plaintiff, )
)
vs. ) 60-DAY ORDER
)
)
XAVER MONTEZ BOSTON, )
)
Defendant. )
____________________________________)
THIS MATTER is before the Court on Defendant’s pro se Amended Motion to Vacate,
Set Aside, or Correct Sentence by a Person in Federal Custody under 28 U.S.C. § 2255. [Doc.
139].
The Court has conducted an initial screening of the petition under the Rules Governing §
2255 Proceedings, Rule 4(b) 28 U.S.C.A. foll. § 2255, and finds that: (1) the petition has been filed
pro se under penalty of perjury; (2) the petition appears to be timely; and (3) Defendant has asserted
a colorable claim for relief cognizable under § 2255(a). Upon consideration of the motion and the
record of prior proceedings, the Court determines that the United States Attorney should file a
response to Defendant’s allegations.
The Court will direct that the United States file an answer or other responsive pleading to
the Amended Section 2255 Motion to Vacate within sixty (60) days. Defendant may file a reply
to the United States’ response pursuant to Rule 5(d) of the Rules Governing Section 2255
Proceedings. The Court orders that any such reply must be filed within twenty-one (21) days of
the filing of the United States’ response.
Case 3:18-cr-00095-SCR-DCK Document 140 Filed 09/13/24 Page 1 of 3
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IT IS, THEREFORE, ORDERED that:
1. The United States Attorney shall file an answer or other responsive pleading to Defendant’s
Amended Motion to Vacate, Set Aside, or Correct Sentence no later than sixty (60) days
from the date of this Order.
2. Any reply filed by Defendant must be filed within twenty-one (21) days of the United
States’ response.
Signed: September 13, 2024
Case 3:18-cr-00095-SCR-DCK Document 140 Filed 09/13/24 Page 2 of 3
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Case 3:18-cr-00095-SCR-DCK Document 140 Filed 09/13/24 Page 3 of 3

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OCR transcription for search; preserved printed pages are authoritative

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3: 18-cr-95-RJ C-DCK-1
UNITED STATES OF AMERICA,
Plaintiff,

60-DAY ORDER

XAVER MONTEZ BOSTON,

Defendant.

Ne we we we oe e/a se se we

THIS MATTER is before the Court on Defendant’s pro se Amended Motion to Vacate,
Set Aside, or Correct Sentence by a Person in Federal Custody under 28 U.S.C. § 2255. [Doc.
139].

The Court has conducted an initial screening of the petition under the Rules Goveming §
2255 Proceedings, Rule 4(b) 28 U.S.C.A. foll. § 2255, and finds that: (1) the petition has been filed
pro se under penalty of perjury; (2) the petition appears to be timely; and (3) Defendant has asserted
acolorable claim for relief cognizable under § 2255(a). Upon consideration of the motion and the
record of prior proceedings, the Court determines that the United States Attomey should file a
response to Defendant’s allegations.

The Court will direct that the United States file an answer or other responsive pleading to
the Amended Section 2255 Motion to Vacate within sixty (60) days. Defendant may file a reply
to the United States’ response pursuant to Rule 5(d) of the Rules Governing Section 2255
Proceedings. The Court orders that any such reply must be filed within twenty-one (21) days of

the filing of the United States’ response.

INFORMATION

2
IT IS, THEREFORE, ORDERED that:
1. The United States Attorney shall file an answer or other responsive pleading to Defendant’s
Amended Motion to Vacate, Set Aside, or Correct Sentence no later than sixty (60) days
from the date of this Order.
2. Any reply filed by Defendant must be filed within twenty-one (21) days of the United
States’ response.
Signed: September 13, 2024
Case 3:18-cr-00095-SCR-DCK Document 140 Filed 09/13/24 Page 2 of 3

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Case 3:18-cr-00095-SCR-DCK
Document 140 Filed 09/13/24 Page 3 of 3

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