U.S. v. THOMAS, 8:10-cr-226-T-23TGW (2012)
Court: District Court, M.D. Florida
Number: infdco20120726768
Visitors: 10
Filed: Jul. 25, 2012
Latest Update: Jul. 25, 2012
Summary: ORDER STEVEN D. MERRYDAY, District Judge. Thomas's motion to vacate under 28 U.S.C. 2255 was stayed and this case was administratively closed pending a determination whether the Fair Sentencing Act of 2010 ("FSA") is retroactively applicable to defendants who committed their offense after the enactment of the FSA but who were sentenced before the effective date of the FSA. Thomas moves (Doc. 6) to re-open this case because Dorsey v. United States, ___ U.S. ___, 132 S.Ct. 2321 (2012), and
Summary: ORDER STEVEN D. MERRYDAY, District Judge. Thomas's motion to vacate under 28 U.S.C. 2255 was stayed and this case was administratively closed pending a determination whether the Fair Sentencing Act of 2010 ("FSA") is retroactively applicable to defendants who committed their offense after the enactment of the FSA but who were sentenced before the effective date of the FSA. Thomas moves (Doc. 6) to re-open this case because Dorsey v. United States, ___ U.S. ___, 132 S.Ct. 2321 (2012), and ..
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ORDER
STEVEN D. MERRYDAY, District Judge.
Thomas's motion to vacate under 28 U.S.C. § 2255 was stayed and this case was administratively closed pending a determination whether the Fair Sentencing Act of 2010 ("FSA") is retroactively applicable to defendants who committed their offense after the enactment of the FSA but who were sentenced before the effective date of the FSA. Thomas moves (Doc. 6) to re-open this case because Dorsey v. United States, ___ U.S. ___, 132 S.Ct. 2321 (2012), and Unites States v. Rojas, ___ F.3d ___, 2012 WL 2549040 (11th Cir. July 3, 2012), hold that the FSA is retroactively applicable. As a consequence, Thomas is entitled both to relief on his Section 2255 motion to vacate and to a re-sentencing.
Accordingly, the motion to re-open (Doc. 6) is GRANTED. The earlier order (Doc. 5) administratively closing this case is VACATED. The clerk shall re-open this case. Further, the motion to vacate (Doc. 1) is GRANTED. The clerk shall enter a judgment for Thomas and close this case. The clerk shall file a copy of this order in the criminal case.
Source: Leagle
