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16-425 - Howard v. United States of America

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16-425 - Howard v. United States of America
August 26, 2016
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REPORT AND RECOMMENDATIONS by Chief Magistrate Judge Karen B. Molzen recommending, in light of the Johnson decision, that Defendant be resentenced as soon as practical. Objections to R&R due by 9/12/2016. (KBM)
September 9, 2016
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ORDER ADOPTING 15 REPORT AND RECOMMENDATIONS by District Judge Martha Vazquez for GRANTING 1 Motion to Vacate/Set Aside/Correct Sentence (2255 under Johnson v. USA) filed by Donald Lee Howard. IT IS THEREFORE ORDERED that: 1) the PFRD is adopted as an order of the Court; 2) the Motion Under 28 U.S.C. ยง 2255 to Vacate, Set Aside, or Correct Sentence is granted; and 3) the Court will file an Amended Judgment reflecting a time-served sentence, which will be forwarded to the Bureau of Prisons immediately to process the release of the defendant.. (gr)