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09-260 - USA v. STAPLES et al


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09-260 - USA v. STAPLES et al
May 23, 2016
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ORDER AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE signed by MAG/JUDGE JOI ELIZABETH PEAKE on 5/23/2016; that Petitioner's Motion [Doc. #125] seeking to remove the prior stay and Petitioner's Motion [Doc. #128] seeking to withdraw the motion to lift the stay are denied for being moot. RECOMMENDED that the prior stay in light of Welch be lifted, that Petitioner's Motion [Doc. #80] to vacate set aside, or correct sentence be granted as to the claim raised in Petitioner's Supplement [Doc. #80] under Johnson and Parral-Dominguez, that the Motion be denied otherwise, that his sentence be vacated, and that this matter be set for resentencing. (Civil Case 1:12CV1263) (Sheets, Jamie)
June 22, 2016
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ORDER signed by JUDGE THOMAS D. SCHROEDER on 06/22/2016. The Court adopts the Magistrate Judge's Recommendation. IT IS ORDERED that the prior stay in light of Welch v. United States, 136 S. Ct. 1257 (2016), be LIFTED, that Petitioner's Motion to Vacate, Set Aside, or Correct Sentence 80 is GRANTED as to the claim raised in Petitioner's Supplement 80 under Johnson v. United States, 135 S. Ct. 2551 (2015) and United States v. Parral-Dominguez, 794 F.3d 440, 445 (4th Cir. 2015), that the motion be DENIED otherwise, that his sentence be VACATED, and that this matter is set for resentencing on September 14. 2016 at 2:00 p.m. in Winston-Salem, NC. The United States Attorney is directed to produce Petitioner for the resentencing hearing. The Probation office is directed to prepare and Supplement to the Presentence Investigation Report in advance of the hearing. Counsel will be appointed to represent Petitioner at the hearing. (Coyne, Michelle)