U.S. v. ORSINGER, CR-01-01072-05-PCT-DGC (2014)
Court: District Court, D. Arizona
Number: infdco20140716845
Visitors: 8
Filed: Jul. 15, 2014
Latest Update: Jul. 15, 2014
Summary: ORDER STEVEN P. LOGAN, District Judge. Before the Court is Movant/Defendant Johnny Orsinger's Motion to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody pursuant to 28 U.S.C. 2255 ("Motion") (Doc. 1). This matter was reassigned to this Court on July 9, 2014 (Doc. 11). In its Response to the Motion (Doc. 8), Plaintiff/Respondent United States of America agrees that Movant should be resentenced pursuant to Miller v. Alabama, ___ U.S. ___, 132 S.Ct. 2455 (2012). The Ho
Summary: ORDER STEVEN P. LOGAN, District Judge. Before the Court is Movant/Defendant Johnny Orsinger's Motion to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody pursuant to 28 U.S.C. 2255 ("Motion") (Doc. 1). This matter was reassigned to this Court on July 9, 2014 (Doc. 11). In its Response to the Motion (Doc. 8), Plaintiff/Respondent United States of America agrees that Movant should be resentenced pursuant to Miller v. Alabama, ___ U.S. ___, 132 S.Ct. 2455 (2012). The Hon..
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ORDER
STEVEN P. LOGAN, District Judge.
Before the Court is Movant/Defendant Johnny Orsinger's Motion to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody pursuant to 28 U.S.C. § 2255 ("Motion") (Doc. 1). This matter was reassigned to this Court on July 9, 2014 (Doc. 11).
In its Response to the Motion (Doc. 8), Plaintiff/Respondent United States of America agrees that Movant should be resentenced pursuant to Miller v. Alabama, ___ U.S. ___, 132 S.Ct. 2455 (2012). The Honorable Lawrence O. Anderson, United States Magistrate Judge, issued a Report and Recommendation ("R&R") (Doc. 9) on May 5, 2014, recommending that in accordance with Miller, the Motion should be granted and Movant be resentenced in CR-01-01072-05-PCT-DGC. The Court will accept the R&R and grant the Motion. See 28 U.S.C. § 636(b)(1)
(stating that the district court "may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate"). Accordingly,
IT IS ORDERED:
1. That Magistrate Judge Lawrence O. Anderson's Report and Recommendation (Doc. 9) is accepted and adopted by the Court;
2. That the Motion to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody pursuant to 28 U.S.C. § 2255 (Doc. 1) is granted;
3. That Defendant/Movant Johnny Orsinger be resentenced in accordance with Miller v. Alabama, ___ U.S. ___, 132 S.Ct. 2455 (2012);
4. That a hearing and resentencing in CR-01-01072-05-PCT-DGC is set for October 27, 2014, at 3:00 p.m., before the Honorable David G. Campbell, in Courtroom 603, 401 West Washington Street, Phoenix, Arizona 85003;
5. That the Probation Department shall prepare an updated presentence investigation report; and
6. That the Clerk of Court shall terminate CV-13-08160-PCT-SPL.
Source: Leagle
