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03-346 - UNITED STATES OF AMERICA v. BRINCEFIELD


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03-346 - UNITED STATES OF AMERICA v. BRINCEFIELD
February 5, 2016
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RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE signed by MAG/JUDGE JOI ELIZABETH PEAKE on 2/5/2016; that the stay in this case be lifted; that Respondent's Motions to Dismiss [Doc. #43, #47] be deemed withdrawn in light of the Government's Second Supplemental Response; that Petitioner's Motion [Doc. #24] be denied as to his challenge to his career offender enhancement, but granted as to his claims challenging his § 922(g) conviction and his § 851 enhancement, that the Judgment [Doc. #21] be vacated, that Petitioner's conviction on Count Two be vacated and that Count Two be dismissed, that any money paid by Petitioner toward the $100.00 special assessment for Count Two be returned or credited to him as set out above, and that a corrected judgment be entered as to Counts 1 and 3, re-imposing the previously-imposed sentence but reducing Petitioner's term of supervised release as to Count One from eight years to four years. (Civil Case 1:11CV13) (Sheets, Jamie)
April 5, 2016
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ORDER signed by JUDGE JAMES A. BEATY, JR on 4/5/2016 adopting the Magistrate Judge's Recommendation [Doc. #76]; that the stay in this case is LIFTED; that Respondent's Motions to Dismiss [Doc. #43, #47] are deemed withdrawn in light of Respondent's Second Supplemental Response; that Petitioner's Motion [Doc. #24] is DENIED as to his challenge to his career offender enhancement, but GRANTED as to his claims challenging his § 922(g) conviction and his § 851 enhancement; that the Judgment [Doc. #21] is VACATED; that Petitioner's conviction on Count Two is VACATED and that Count Two is DISMISSED; that any money paid by Petitioner toward the $100.00 special assessment for Count Two be returned or credited to him as set out in the Recommendation; and that a corrected Judgment will be entered contemporaneously with this Order as to Counts 1 and 3, re-imposing the previously-imposed sentence but reducing Petitioner's term of supervised release as to Count One from eight years to four years. The Probation Office is directed to provide an updated calculation to the extent this determination affects the supervised release revocation proceeding, which remains pending, and the Clerk is directed to set this matter for a final hearing on the revocation petition. (Civil Case 1:11CV13) (Sheets, Jamie)