Filed: Dec. 02, 2016
Latest Update: Dec. 02, 2016
Summary: ORDER MITCHELL S. GOLDBERG , District Judge . AND NOW , this 2nd day of December, 2016, upon consideration of Petitioner Robert Weston's "Motion Under 28 U.S.C. 2255 to Vacate, Set Aside or Correct Sentence," (Doc. Nos. 138 and 140), the "Government's Response to Defendant's Motion to Vacate, Set Aside, and Correct Sentence Pursuant to 28 U.S.C. 2255" (Doc. No. 142), "Defendant's Request This Court to Take Judicial Notice Most Recent Case Under [3rd Cir] United States v. Brown" (Doc. N
Summary: ORDER MITCHELL S. GOLDBERG , District Judge . AND NOW , this 2nd day of December, 2016, upon consideration of Petitioner Robert Weston's "Motion Under 28 U.S.C. 2255 to Vacate, Set Aside or Correct Sentence," (Doc. Nos. 138 and 140), the "Government's Response to Defendant's Motion to Vacate, Set Aside, and Correct Sentence Pursuant to 28 U.S.C. 2255" (Doc. No. 142), "Defendant's Request This Court to Take Judicial Notice Most Recent Case Under [3rd Cir] United States v. Brown" (Doc. No..
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ORDER
MITCHELL S. GOLDBERG, District Judge.
AND NOW, this 2nd day of December, 2016, upon consideration of Petitioner Robert Weston's "Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside or Correct Sentence," (Doc. Nos. 138 and 140), the "Government's Response to Defendant's Motion to Vacate, Set Aside, and Correct Sentence Pursuant to 28 U.S.C. § 2255" (Doc. No. 142), "Defendant's Request This Court to Take Judicial Notice Most Recent Case Under [3rd Cir] United States v. Brown" (Doc. No. 144), "Defendant's Motion for Reconsideration and Supplemental Motion to Vacate, Set Aside, or Correct Conviction or Sentence Under Title 28 U.S.C. § 2255" (Doc. No. 159), "Government's Response to Defendant's Supplemental Motion under 28 U.S.C. § 2225" (Doc. No. 160) and following a hearing and oral argument, it is hereby ORDERED that:
— Petitioner's motion under 28 U.S.C. § 2255 is DENIED as to his ineffective assistance of trial counsel for failure to file a motion to suppress claim.
— Petitioner's motion to amend (Doc. No. 159) is GRANTED.
— Petitioner's motion under 28 U.S.C. § 2255 is GRANTED as to the ACCA sentencing claim.
— Resentencing is SCHEDULED for 10:00 a.m. on Wednesday, January 11, 2017 in Courtroom 4B.
