Keith Preston Gartenlaub v. United States

I. INTRODUCTION

On April 22, 2020, Keith Preston Gartenlaub filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2255, seeking to vacate his conviction for knowingly possessing child pornography under 18 U.S.C. §§ 2252A(a)(5)(b), (b)(2), or, in the alternative, for the Court to grant a new trial or vacate his life term of supervised release. See dkt. 1-1 (“Habeas Petition”). On August 27, 2020, petitioner filed a motion to supplement his petition. Dkt. 11. On August 28, 2020, the Honorable Otis D. Wright, Judge presiding, granted petitioner’s motion to supplement, and ordered the government to file an answer by September 18, 2020. Dkt. 12. On November 20, 2020, petitioner filed a motion for default judgment. Dkt. 18. On November 23, 2020, the case was reassigned to this Court. Dkt. 21. On November 26, 2020, petitioner and the government filed a joint stipulation to withdraw petitioner’s motion for default judgment and to set a briefing schedule. Dkt. 23. On November 30, 2020, the Court denied petitioner’s motion for default judgment as moot, and ordered the government to file a response to petitioner’s habeas corpus petition by January 25, 2020. Dkt.…