U.S. v. Richardson, 03-00210-BAJ-EWD. (2018)
Court: District Court, M.D. Louisiana
Number: infdco20180221e27
Visitors: 13
Filed: Feb. 08, 2018
Latest Update: Feb. 08, 2018
Summary: ORDER BRIAN A. JACKSON , Chief District Judge . Considering the Joint Motion for Summary Disposition (Doc. 61), in which the Office of the Federal Public Defender and the United States agree that after Johnson v. United States, 576 U.S. ___, 135 S.Ct. 2551 (2015), Mr. Richardson's conviction for the Louisiana crime of Simple Burglary is no longer a "violent felony" under any definition of a violent felony set forth in the Armed Career Criminal Act, IT IS HEREBY ORDERED that Billy R
Summary: ORDER BRIAN A. JACKSON , Chief District Judge . Considering the Joint Motion for Summary Disposition (Doc. 61), in which the Office of the Federal Public Defender and the United States agree that after Johnson v. United States, 576 U.S. ___, 135 S.Ct. 2551 (2015), Mr. Richardson's conviction for the Louisiana crime of Simple Burglary is no longer a "violent felony" under any definition of a violent felony set forth in the Armed Career Criminal Act, IT IS HEREBY ORDERED that Billy Ri..
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ORDER
BRIAN A. JACKSON, Chief District Judge.
Considering the Joint Motion for Summary Disposition (Doc. 61), in which the Office of the Federal Public Defender and the United States agree that after Johnson v. United States, 576 U.S. ___, 135 S.Ct. 2551 (2015), Mr. Richardson's conviction for the Louisiana crime of Simple Burglary is no longer a "violent felony" under any definition of a violent felony set forth in the Armed Career Criminal Act,
IT IS HEREBY ORDERED that Billy Richardson, Jr.'s Motion to Vacate, Set Aside or Correct Sentence by a Person in Federal Custody Pursuant to 28 U.S.C. § 2255 (Doc. 48) is GRANTED.1
IT IS FURTHER ORDERED that Billy Richardson, Jr.'s sentence is VACATED.
IT IS FURTHER ORDERED that the Probation Office shall complete an amended pre-sentence investigation report.
IT IS FURTHER ORDERED that a resentencing hearing is set for March 29, 2018 at 9:30 a.m.
FootNotes
1. Subsequent to the filing of his Motion to Vacate, Richardson was released from the custody of the Federal Bureau of Prisons. Doc. 48.
Source: Leagle
