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U.S. v. LYNCH, 1:13 CR 535. (2015)

Court: District Court, N.D. Ohio Number: infdco20160122d07 Visitors: 11
Filed: Dec. 29, 2015
Latest Update: Dec. 29, 2015
Summary: MEMORANDUM OPINION AND ORDER DONALD C. NUGENT , District Judge . This case is before the Court on Mr. Lynch's Amended Motion for Relief Under 28 U.S.C. 2255, seeking a vacation of his sentence on the basis of Johnson v. United States, 135 S.Ct. 2551 (2015). (ECF #71). The government agrees that vacatur of his sentence under the Armed Career Criminal Act and re-sentencing are appropriate in this case in light of the United States Supreme Court's holding in Johnson. (ECF #72). Therefo
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MEMORANDUM OPINION AND ORDER

This case is before the Court on Mr. Lynch's Amended Motion for Relief Under 28 U.S.C. § 2255, seeking a vacation of his sentence on the basis of Johnson v. United States, 135 S.Ct. 2551 (2015). (ECF #71). The government agrees that vacatur of his sentence under the Armed Career Criminal Act and re-sentencing are appropriate in this case in light of the United States Supreme Court's holding in Johnson. (ECF #72). Therefore, Mr. Lynch's motion for Relief is granted on these grounds. A re-sentencing date will be set after consultation with the parties. IT IS SO ORDERED.

Source:  Leagle

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