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16-473 - Sykes v. United States of America (INMATE 3)


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16-473 - Sykes v. United States of America (INMATE 3)
July 15, 2016
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OPINION. The parties agree that Sykes is entitled to relief under Johnson and Welch. See Joint Proposal for Proceeding On ยง 2255 Motion (doc. no. 7). Accordingly, the court will grant his petition, vacate his sentence, and resentence him. An appropriate judgment will be entered. Signed by Honorable Judge Myron H. Thompson on 7/15/2016. (dmn, )
July 15, 2016
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JUDGMENT: It is the ORDER, JUDGMENT, and DECREE of the court as follows: (1) Petitioner Payton Lee Sykes's 1 Petition for Writ of Habeas Corpus is granted. (2) The sentence (doc. no. 51) entered in United States v. Sykes, 2:05cr18-01-MHT (M.D. Ala. January 26, 2006), is vacated. (3) The clerk of court is to file this judgment, along with the companion opinion, in United States v. Sykes, 2:05cr18-01-MHT (M.D. Ala.). (4) Petitioner Sykes is to remain in the custody of the Attorney General pending resentencing. It is further ORDERED that no costs are taxed. The clerk of the court is DIRECTED to enter this document on the civil docket as a final judgment pursuant to FRCP 58. This case is closed. Signed by Honorable Judge Myron H. Thompson on 7/15/2016. (Attachments: # (1) Civil Appeals Checklist)(dmn, )