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16-882 - Morrison v. USA


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16-882 - Morrison v. USA
June 21, 2016
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that the Clerk of Court shall notify the United States Probation Office of movants § 2255 motion to vacate and that it is brought pursuant to the Supreme Court case of Johnson v. United States,135 S.Ct. 2551 (2015). IT IS FURTHER ORDERED that, within a reasonable time, and in its usual course of business, the United States Probation Office shall prepare and file in movants criminal case a new Resentence Report relative to movants contentions under Johnson, which shall be filed under seal, with access to the Court and the parties who have entered their appearance in this matter. (SEE ORDER FOR DETAILS) Signed by District Judge John A. Ross on 6/21/16. (JAB)(cc:Probation Dept)
May 14, 2018
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Petitioners Motion to Correct Sentence under 28 U.S.C. § 2255 [1] is GRANTED. IT IS FURTHER ORDERED that the judgment and sentence in United States v. Larry Morrison, No. 4:11-CR-00470-JAR-1, is VACATED subject to resentencing. IT IS FURTHER ORDERED that the United States Probation Office shall promptly prepare and file in Petitioners criminal case a new Resentence Report, which shall be filed under seal, with access to the Court and the parties who have entered their appearance in this matter. Petitioner is granted a new sentencing hearing, to be set as soon as the new resentencing report is completed. Movant shall remain in custody pending the sentencing hearing. IT IS FURTHER ORDERED that the Clerk of Court is directed to docket a copy of this Memorandum and Order in the criminal case, No. 4:11-CR-00470-JAR-1. A separate Judgment will accompany this Memorandum and Order. Signed by District Judge John A. Ross on 5/14/18. (JAB)