Filed: Jan. 30, 2017
Latest Update: Jan. 30, 2017
Summary: ORDER MARTIN REIDINGER , District Judge . THIS MATTER is before the Court on the Petitioner's Motion under 28 U.S.C. 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody [Civil Case No. 1:15-cv-00007-MR ("CV"), Doc. 1]. For the reasons stated in the Court's Memorandum of Decision and Order of June 17, 2016, and for the reasons stated in open court on December 13, 2016, IT IS, THEREFORE, ORDERED that the Petitioner's Motion under 28 U.S.C. 2255 [CV Doc. 1] i
Summary: ORDER MARTIN REIDINGER , District Judge . THIS MATTER is before the Court on the Petitioner's Motion under 28 U.S.C. 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody [Civil Case No. 1:15-cv-00007-MR ("CV"), Doc. 1]. For the reasons stated in the Court's Memorandum of Decision and Order of June 17, 2016, and for the reasons stated in open court on December 13, 2016, IT IS, THEREFORE, ORDERED that the Petitioner's Motion under 28 U.S.C. 2255 [CV Doc. 1] is..
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ORDER
MARTIN REIDINGER, District Judge.
THIS MATTER is before the Court on the Petitioner's Motion under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody [Civil Case No. 1:15-cv-00007-MR ("CV"), Doc. 1].
For the reasons stated in the Court's Memorandum of Decision and Order of June 17, 2016, and for the reasons stated in open court on December 13, 2016,
IT IS, THEREFORE, ORDERED that the Petitioner's Motion under 28 U.S.C. § 2255 [CV Doc. 1] is GRANTED, and the Petitioner's previous conviction and sentence [Criminal Case No. 2:10-cr-00009-MR] are hereby VACATED.
IT IS FURTHER ORDERED that the Petitioner's guilty plea to the charge of second-degree murder is ACCEPTED, and the Petitioner is hereby RESENTENCED as set forth in the Amended Criminal Judgment entered contemporaneously herewith.
IT IS SO ORDERED.
DECISION BY COURT. This action having come before the Court and a decision having been rendered;
IT IS ORDERED AND ADJUDGED that Judgment is hereby entered in accordance with the Court's January 30, 2017 Order.
