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11-127 - USA v. JEFFRIES et al


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11-127 - USA v. JEFFRIES et al
January 2, 2018
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MEMORANDUM OPINION AND ORDER as to SEAN DARNELL JEFFRIES signed by CHIEF JUDGE THOMAS D. SCHROEDER on 1/2/2018; that Petitioner's motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. ยง 2255 (Doc. 262) is GRANTED as to Petitioner's ineffective assistance claim directed to the use of the 2011 Sentencing Guidelines manual during sentencing and is otherwise DENIED. Petitioner's sentence is VACATED, and this matter shall be scheduled for resentencing. Petitioner remains in custody, and the United States is directed to produce Petitioner for the resentencing hearing. The Probation Office is directed to prepare a Supplement to the Presentence Investigation Report in advance of the hearing. Finding neither a substantial issue for appeal concerning the denial of a constitutional right affecting the conviction nor a debatable procedural ruling, a certificate of appealability is not issued. (Civil Case 1:15CV814) (Sheets, Jamie)