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16-1629 - HORNE v. USA

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16-1629 - HORNE v. USA
March 19, 2018
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ORDER GRANTING MOTION TO VACATE, SET ASIDE, OR MODIFY SENTENCE AND DIRECTING ENTRY OF FINAL JUDGMENT AND IMMEDIATE RELEASE OF PETITIONER - For the reasons explained in this Order, Horne is entitled to relief on his § 2255 motion. His conviction and sentence on Count Four (brandishing a firearm during a crime of violence in violation of 18 U.S.C. §924(c)(1)(A)(ii)), based on a Hobbs Act conspiracy, is unconstitutional. Accordingly, his Motion for relief pursuant to § 2255 is GRANTED. The Judgment as to Dewan Anthony Horne entered on October 18, 2005, in 1:05-cr-00032-TWP-TAB-1 is VACATED. An amended judgment, reflecting that Dewan Anthony Horne is not guilty of Count Four and rescinding the sentence related to Count Four of 84 months to be served consecutively, shall issue. Effective immediately, Horne's term of imprisonment is converted to a term of "time served". Horne, therefore, shall be released from the custody of the Federal Bureau of Prisons effective immediately. Judgment consistent with this Entry shall now issue and a copy of this Order shall be docketed in No. 1:05-cr-00032-TWP-TAB-1. An officer from the United States Probation Office shall prepare an amended judgment for the Court's signature. (See Entry.) Signed by Judge Tanya Walton Pratt on 3/19/2018.(BRR)