Dill v. U.S., 1:13-cv-1900-TWP-TAB. (2016)
Court: District Court, S.D. Indiana
Number: infdco20160510b20
Visitors: 13
Filed: May 06, 2016
Latest Update: May 06, 2016
Summary: Entry Granting Relief Pursuant to 28 U.S.C. 2255 and Directing Entry of Final Judgment TANYA WALTON PRATT , District Judge . The parties' stipulations relating to the claims in this action (dkt 35 and dkt 40) have been approved. Accordingly, the Motion for Relief Pursuant to 28 U.S.C. 2255 is granted to the extent consistent with those stipulations. The Court notes specifically that, under Johnson v. United States, 135 S.Ct. 2551 (2015), the petitioner does not have a sufficien
Summary: Entry Granting Relief Pursuant to 28 U.S.C. 2255 and Directing Entry of Final Judgment TANYA WALTON PRATT , District Judge . The parties' stipulations relating to the claims in this action (dkt 35 and dkt 40) have been approved. Accordingly, the Motion for Relief Pursuant to 28 U.S.C. 2255 is granted to the extent consistent with those stipulations. The Court notes specifically that, under Johnson v. United States, 135 S.Ct. 2551 (2015), the petitioner does not have a sufficient..
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Entry Granting Relief Pursuant to 28 U.S.C. § 2255 and Directing Entry of Final Judgment
TANYA WALTON PRATT, District Judge.
The parties' stipulations relating to the claims in this action (dkt 35 and dkt 40) have been approved. Accordingly, the Motion for Relief Pursuant to 28 U.S.C. § 2255 is granted to the extent consistent with those stipulations. The Court notes specifically that, under Johnson v. United States, 135 S.Ct. 2551 (2015), the petitioner does not have a sufficient number of prior convictions to support enhancement of his sentence under the Armed Career Criminal Act.
The sentence in the underlying criminal action shall be vacated. An Amended Judgment shall issue in the underlying criminal action reflecting the following sentence:
1. 240 months on Count 1;
2. 60 months on Count 2;
3. 180 months on Count 3.
The sentences on Counts 1 and 3 shall run concurrently and the sentence on Count 2 shall be consecutive to Counts 1 and 3.
The clerk shall docket a copy of this Entry in No. 1:11-cr-26-TWP-KPF-1.
IT IS SO ORDERED.
Source: Leagle
