Lesure v. U.S., 01-cr-40017-JPG-01. (2018)
Court: District Court, S.D. Illinois
Number: infdco20181129c04
Filed: Nov. 28, 2018
Latest Update: Nov. 28, 2018
Summary: MEMORANDUM AND ORDER J. PHIL GILBERT , District Judge . This matter comes before the Court on petitioner James D. Lesure's amended motion to vacate, set aside or correct his sentence pursuant to 28 U.S.C. 2255 (Doc. 5). He argues that, he is entitled to relief because, following Johnson v. United States, 135 S.Ct. 2551 (2015), and Cross v. United States, 892 F.3d 288 (7th Cir. 2018), it is apparent that his sentence as a career offender violated his due process rights. The Govern
Summary: MEMORANDUM AND ORDER J. PHIL GILBERT , District Judge . This matter comes before the Court on petitioner James D. Lesure's amended motion to vacate, set aside or correct his sentence pursuant to 28 U.S.C. 2255 (Doc. 5). He argues that, he is entitled to relief because, following Johnson v. United States, 135 S.Ct. 2551 (2015), and Cross v. United States, 892 F.3d 288 (7th Cir. 2018), it is apparent that his sentence as a career offender violated his due process rights. The Governm..
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MEMORANDUM AND ORDER
J. PHIL GILBERT, District Judge.
This matter comes before the Court on petitioner James D. Lesure's amended motion to vacate, set aside or correct his sentence pursuant to 28 U.S.C. § 2255 (Doc. 5). He argues that, he is entitled to relief because, following Johnson v. United States, 135 S.Ct. 2551 (2015), and Cross v. United States, 892 F.3d 288 (7th Cir. 2018), it is apparent that his sentence as a career offender violated his due process rights. The Government has responded to the motion (Doc. 7) agreeing that Lesure is entitled to § 2255 relief for the reasons set forth in his motion and asking the Court to hold a new sentencing hearing.
Because the government does not oppose the granting of Lesure's § 2255 motion and for the reasons stated in Lesure's § 2255 amended motion, the Court:
• GRANTS Lesure's amended § 2255 motion (Doc. 5);
• VACATES Lesure's sentence imposed on January 11, 2002, as reflected in the judgment entered on January 14, 2002 (Doc. 145 in Case No. 01-cr-40017-JPG);
• ORDERS that a new sentencing hearing be held forthwith in Lesure's criminal case; and
• DIRECTS the Clerk of Court to enter judgment accordingly in this case.
IT IS SO ORDERED.
Source: Leagle
