Barber v. United States, 5:11-CR-357-1-BR (2019)
Court: District Court, E.D. North Carolina
Number: infdco20190911d30
Visitors: 10
Filed: Sep. 10, 2019
Latest Update: Sep. 10, 2019
Summary: ORDER W. EARL BRITT , Senior District Judge . This matter is before the court on the parties' supplemental briefs filed in response to the court's 27 August 2019 order. (DE ## 205, 206.) Petitioner contends that his conviction on Count 2 should be vacated in light of United States v. Davis , 139 S.Ct. 2319 (2019), and that he should be resentenced on Count 1. (DE # 206; see also DE # 154.) The government agrees. (DE # 205, at 1.) Petitioner's 28 U.S.C. 2255 motion, (DE # 154), is ALLO
Summary: ORDER W. EARL BRITT , Senior District Judge . This matter is before the court on the parties' supplemental briefs filed in response to the court's 27 August 2019 order. (DE ## 205, 206.) Petitioner contends that his conviction on Count 2 should be vacated in light of United States v. Davis , 139 S.Ct. 2319 (2019), and that he should be resentenced on Count 1. (DE # 206; see also DE # 154.) The government agrees. (DE # 205, at 1.) Petitioner's 28 U.S.C. 2255 motion, (DE # 154), is ALLOW..
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ORDER
W. EARL BRITT, Senior District Judge.
This matter is before the court on the parties' supplemental briefs filed in response to the court's 27 August 2019 order. (DE ## 205, 206.) Petitioner contends that his conviction on Count 2 should be vacated in light of United States v. Davis, 139 S.Ct. 2319 (2019), and that he should be resentenced on Count 1. (DE # 206; see also DE # 154.) The government agrees. (DE # 205, at 1.)
Petitioner's 28 U.S.C. § 2255 motion, (DE # 154), is ALLOWED. The judgment entered 14 March 2012 and petitioner's conviction on Count 2 are VACATED. Count 2 is DISMISSED. Resentencing on Count 1 is SET for 28 October 2019. The U.S. Probation Office is DIRECTED to file a memorandum setting forth any revisions to the Presentence Report, (DE # 47).
Source: Leagle
