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05-1434 - Betts v. United States of America

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05-1434 - Betts v. United States of America
May 22, 2008
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MEMORANDUM-DECISION AND ORDER granting in part and denying in part the #1 Motion to Vacate/Set Aside/Correct Sentence (2255) filed by Waliek Betts: Granted in part for the reasons stated in this Order, the 12/1/04 judgment in 03-cr-243 (Dkt No. 505), as amended in the 3/26/08 Amended Judgment in 03-cr-243 (Dkt No. 767) is hereby VACATED. Further Ordered that a new Criminal Judgment be entered in 03-cr-243 forthwith which contains the identical sentence and other conditions reflected in the prior judgments issued. The remaining grounds asserted by defendant Betts in the 05-cv-1434 are dismissed without prejudice as premature. Signed by Chief Judge Norman A. Mordue on 5/22/08. {Copy of Order served upon plaintiff by regular mail at Reg #15329-014 US Penitentiary, PO Box 12015, Terre Haute, IN 47801 and also at USP Allenwood, PO Box 3000, White Deer, PA 17887} (lmw)