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16-932 - Nailor v. USA


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16-932 - Nailor v. USA
October 12, 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). (SEE ORDER FOR DETAILS). Signed by District Judge John A. Ross on 10/12/2016. (cc: US Probation Office)(CLO)
April 9, 2018
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Petitioner's Amended 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. Kevin Nailor, No. 4:13-CR-00391-JAR-1, is VACATED as to Count IV subject to resentencing. The judgment and sentence as to Count II remains in full force and effect. 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. 4:13-CR-00391-JAR-1. IT IS FURTHER ORDERED that this matter is set for resentencing on Friday, June 8, 2018 at 10:30 a.m. in Courtroom 12N. IT IS FINALLY ORDERED that Petitioner shall advise the Court in writing within fourteen (14) days of the date of this Order whether he will waive his appearance at resentencing. A separate Judgment will accompany this Memorandum and Order. Signed by District Judge John A. Ross on 4/9/2018. (CLO)