Miller v. United States, 2:04-00096. (2019)
Court: District Court, S.D. West Virginia
Number: infdco20190913h18
Visitors: 7
Filed: Sep. 12, 2019
Latest Update: Sep. 12, 2019
Summary: MEMORANDUM OPINION AND ORDER DAVID A. FABER , Senior District Judge . On July 24, 2019, the court received the Proposed Findings and Recommendation (PF&R) of United States Magistrate Judge Omar J. Aboulhosn wherein it is recommended that this case be reinstated to the court's active docket, Miller's Motion to Vacate, Set Aside or Correct Sentence be granted and that his sentence be vacated for the reasons set forth therein. The magistrate judge further recommends that the district court "m
Summary: MEMORANDUM OPINION AND ORDER DAVID A. FABER , Senior District Judge . On July 24, 2019, the court received the Proposed Findings and Recommendation (PF&R) of United States Magistrate Judge Omar J. Aboulhosn wherein it is recommended that this case be reinstated to the court's active docket, Miller's Motion to Vacate, Set Aside or Correct Sentence be granted and that his sentence be vacated for the reasons set forth therein. The magistrate judge further recommends that the district court "ma..
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MEMORANDUM OPINION AND ORDER
DAVID A. FABER, Senior District Judge.
On July 24, 2019, the court received the Proposed Findings and Recommendation (PF&R) of United States Magistrate Judge Omar J. Aboulhosn wherein it is recommended that this case be reinstated to the court's active docket, Miller's Motion to Vacate, Set Aside or Correct Sentence be granted and that his sentence be vacated for the reasons set forth therein. The magistrate judge further recommends that the district court "may then discharge Movant, resentence him, or correct his sentence as may appear appropriate."
Miller has objected to the PF&R insofar as it does not recommend his immediate discharge from imprisonment. While it does appear that Miller is entitled to relief, the extent of that relief may be in dispute. Accordingly, the court hereby SCHEDULES a hearing for October 7, 2019, at 2:30 p.m., in Charleston wherein it will either discharge defendant, resentence him, or correct his sentence as may be appropriate.
The Clerk is directed to send copies of this Order to counsel of record, the United States Marshal, and the United States Probation Office.
IT IS SO ORDERED.
Source: Leagle
