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15-082 - HARMON v. USA


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15-082 - HARMON v. USA
March 6, 2018
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Entry Granting Second Amended Motion for Relief Pursuant to 28 U.S.C. § 2255 - For the reasons explained in this Entry, the second amended motion of Danny Harmon for relief pursuant to 28 U.S.C. § 2255, dkt. 67, is GRANTED. The foregoing circumstances show that Mr. Harmon is entitled to relief pursuant to 28 U.S.C. § 2255. The motion for relief pursuant to § 2255 is therefore GRANTED. Mr. Harmon is entitled to be re-sentenced, and he may argue for the benefit of a two level reduction for acceptance of responsibility and the reduction already granted through the 782 Amendment. This matter will be set for re-sentencing, and an updated presentence report will be ordered. Judgment consistent with this Entry shall now issue. This Entry shall also be entered on the docket in the underlying criminal action, No. 1:11-cr-00084-JMS-DKL-1. (SEE ENTRY). Signed by Judge Jane Magnus-Stinson on 3/6/2018.(APD)
May 23, 2018
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Entry Denying Motion for Reconsideration - The Court granted petitioner Danny Harmon's second amended motion for relief pursuant to 28 U.S.C. § 2255 on March 6, 2018, and entered Final Judgment that same date. Before the Court is the government's motion to reconsider pursuant to Federal Rule of Civil Procedure 59(e). For the reasons explained below, the government's motion to reconsider, dkt. 77, is denied. For the reasons explained in this Entry, the government's motion for reconsideration, dkt. 77, is denied. (SEE ENTRY). Signed by Judge Jane Magnus-Stinson on 5/23/2018. (APD)