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13-1900 - DILL v. USA

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13-1900 - DILL v. USA
December 6, 2013
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ORDER denying without prejudice as premature3 Sealed Motion and denying 4 Motion to Seal Document. The United States shall have through 1/4/2014 to answer the allegations of the 28:2255 motion. The clerk shall unseal docket items 2 and 3. Signed by Judge Tanya Walton Pratt on 12/6/2013 (copy sent to Geoffrie Allen Lee Dill) (CBU)
May 6, 2016
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Entry Granting Relief Pursuant to 28 U.S.C. § 2255 and Directing Entry of Final Judgment - The parties' stipulations relating to the claims in this action (dkt 35 and dkt 40) have been approved. Accordingly, the Motion for Relief Pursuant to 28 U.S.C. § 2255 is granted to the extent consistent with those stipulations. The Court notes specifically that, under Johnson v. United States, 135 S.Ct. 2551 (2015), the petitioner does not have a sufficient number of prior convictions to support enhancement of his sentence under the Armed Career Criminal Act. The sentence in the underlying criminal action shall be vacated. An Amended Judgment shall issue in the underlying criminal action reflecting the following sentence: 1. 240 months on Count 1; 2. 60 months on Count 2; 3. 180 months on Count 3. The sentences on Counts 1 and 3 shall run concurrently and the sentence on Count 2 shall be consecutive to Counts 1 and 3. The clerk shall docket a copy of this Entry in No. 1:11-cr-26-TWP-KPF-1. Signed by Judge Tanya Walton Pratt on 5/9/2016.(JLS)