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07-059 - Mercer v. USA


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07-059 - Mercer v. USA
February 28, 2008
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MEMORANDUM AND ORDER re:1 MOTION to Vacate, Set Aside or Correct Sentence (2255) filed by Jessie L. Mercer. IT IS HEREBY ORDERED that Petitioner Jessie L. Mercer's Motion Under 28 U.S.C. 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody [doc. #1] is GRANTED in part and DENIED in part. The Court will hold an Evidentiary Hearing on April 11, 2008 at 1:30 p.m. in St. Louis, Missouri, to address the issue of Ineffective Assistance of Counsel raised in Counts One, Three, and Four. The remaining claims of the Petition will be dismissed in the Court's final appealable order. No new grounds will be considered by the Court at the Evidentiary Hearing. A separate Order of Appointment of Counsel including a transport order for the attendance of Petitioner at this Hearing shall issue forthwith. IT IS FURTHER ORDERED that the Court expects to sua sponte reduce Petitioner's sentence from 188 months to 180 months in the Court's final appealable order. IT IS FURTHER ORDERED that this is not a final and appealable order. Signed by Honorable E. Richard Webber on 2/28/08. (CSG)
April 11, 2008
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Petitioner's Motion to Vacate, Set Aside or Correct Sentence [doc. #1] is resolved in accordance with the agreement of the Parties. IT IS FURTHER ORDERED that Petitioner has ten days from the date of this order to appeal the finding in the pre-sentence report is a crime of violence. Response to Court due by 4/21/2008. Signed by Honorable E. Richard Webber on 4/11/08. (CSG)