STEVENSON v. U.S., CR410-087. (2012)
Court: District Court, S.D. Georgia
Number: infdco20120628989
Visitors: 20
Filed: Jun. 27, 2012
Latest Update: Jun. 27, 2012
Summary: ORDER WILLIAM T. MOORE, Jr., District Judge. Before the Court is the Magistrate Judge's Report and Recommendation (Doc. 5), to which no objections have been filed. After a careful de novo review of the record, the report and recommendation is ADOPTED as the Court's opinion in this case, and Petitioner's 28 U.S.C. 2255 Petition is GRANTED. Pursuant to the United States Supreme Court's decision in Dorsey v. United States, ___ U.S. ___, 2012 WL 2344463, Petitioner is entitled to be resente
Summary: ORDER WILLIAM T. MOORE, Jr., District Judge. Before the Court is the Magistrate Judge's Report and Recommendation (Doc. 5), to which no objections have been filed. After a careful de novo review of the record, the report and recommendation is ADOPTED as the Court's opinion in this case, and Petitioner's 28 U.S.C. 2255 Petition is GRANTED. Pursuant to the United States Supreme Court's decision in Dorsey v. United States, ___ U.S. ___, 2012 WL 2344463, Petitioner is entitled to be resenten..
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ORDER
WILLIAM T. MOORE, Jr., District Judge.
Before the Court is the Magistrate Judge's Report and Recommendation (Doc. 5), to which no objections have been filed. After a careful de novo review of the record, the report and recommendation is ADOPTED as the Court's opinion in this case, and Petitioner's 28 U.S.C. § 2255 Petition is GRANTED.
Pursuant to the United States Supreme Court's decision in Dorsey v. United States, ___ U.S. ___, 2012 WL 2344463, Petitioner is entitled to be resentenced under the revised sentencing guidelines contained in the Fair Sentencing Act of 2010 ("FSA"), 28 U.S.C. § 994(u). Accordingly,
Petitioner's prior sentence is VACATED. The United States Probation Office is DIRECTED to prepare a Presentence Investigation Report ("PSI"), calculating Petitioner's guideline sentence by reference to the FSA's revised guidelines. Upon receipt of the completed PSI, the Court will promptly schedule this matter for a sentencing hearing.1 The Clerk of Court is DIRECTED to close this
SO ORDERED.
FootNotes
1. Mr. Joshua Campbell, whom was previously appointed to represent Petitioner during the criminal proceedings, shall continue to represent petitioner during the resentencing. The Clerk of Court is directed to forward a copy of this order to Mr. Campbell.
Source: Leagle
