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Memorandum Opinion and Order — United States v. Michael Justin Bailey (S.D. W. Va., Dkt. 137, filed 05/08/26)

Summary

A Memorandum Opinion and Order in United States v. Michael Justin Bailey, Criminal No. 1:18-00093-01, in the U.S. District Court for the Southern District of West Virginia at Bluefield, filed May 8, 2026 (Doc. 137). It recounts that on February 13, 2020, the defendant filed a motion asking to have the case reviewed and to be appointed counsel (ECF No. 75), and asked to have the sentence reviewed in light of Davis v. United States. It states that the defendant then filed a Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct the Sentence based on Davis (ECF No. 76). The Court denies ECF No. 75 as moot and directs the Clerk to send a copy to the defendant and counsel of record, and a footnote states that the § 2255 motion was ultimately denied. The signature block names David A. Faber, Senior United States District Judge.

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“Memorandum Opinion and Order — United States v. Michael Justin Bailey (S.D. W. Va., Dkt. 137, filed 05/08/26).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-no-1-18-cr-00093-dkt-137-s-d-w-va-35fee5792f/, SHA-256 9b30cebaf094a21bbfb57666cc00f2016655ae8a11e18c96d9419bd933dfa7d4.

Full text

    Case 1:18-cr-00093   Document 137   Filed 05/08/26   Page 1 of 1 PageID #: 711



                    IN THE UNITED STATES DISTRICT COURT
                FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
                                AT BLUEFIELD

UNITED STATES OF AMERICA

v.                                          CRIMINAL NO. 1:18-00093-01

MICHAEL JUSTIN BAILEY


                         MEMORANDUM OPINION AND ORDER

        On February 13, 2020, defendant filed a motion “asking to

have his case reviewed and to be appointed counsel.”                    ECF No.

75.     In that motion, defendant asked to have his sentence

reviewed considering the recently decided case of Davis v.

United States, 139 S. Ct. 2319 (2019).             Less than two months

later, defendant filed a Motion Under 28 U.S.C. § 2255 to

Vacate, Set Aside, or Correct his Sentence based on Davis.                          See

ECF No. 76.1      ECF No. 75 is therefore DENIED as moot.

            The Clerk is DIRECTED to send a copy of this Memorandum

Opinion and Order to defendant and counsel of record.

            IT IS SO ORDERED this 8th day of May, 2026.

                                            ENTER:


                                              David A. Faber
                                              Senior United States District Judge




1 Defendant’s § 2255 motion was ultimately denied.                  See ECF Nos.
105, 106.

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