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15-1009 - Trevathan v. Cain


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15-1009 - Trevathan v. Cain
March 1, 2016
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REPORT AND RECOMMENDATIONS re 6 Petition for Writ of Habeas Corpus (28:2254), 11 MOTION to Dismiss Pending Writ of Habeas Corpus. It is RECOMMENDED that the petitioner's application for habeas corpus relief be GRANTED, that his mandatory sentence of life imprisonment without the benefit of probation, parole or suspension of sentence be VACATED, and that the state court be ORDERED to resentence him in conformity with Miller v. Alabama, 132 S. Ct. 2455 (2012), within 90 days or, in the alternative, to release him from confinement. It is FURTHER RECOMMENDED that petitioner's "Motion to Dismiss Pending Writ of Habeas Corpus," Rec. Doc. 11, be DENIED AS MOOT. Objections to R&R due by 3/15/2016. Signed by Magistrate Judge Sally Shushan.(gec)
April 11, 2016
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ORDER ADOPTING REPORT AND RECOMMENDATIONS 12. Signed by Chief Judge Kurt D. Engelhardt on 4/11/2016.(mmm)