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11-115 - USA v. Heath

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11-115 - USA v. Heath
September 2, 2016
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REPORT AND RECOMMENDATIONS as to Anthony D Heath - The Magistrate Judge respectfully recommends Heath's instant § 2255 Motion be GRANTED, that his sentence be VACATED, and that he be RE-SENTENCED for his offense under 18 U.S.C. § 922(g)(1) without the ACCA enhancement. Objections to R&R due by 9/19/2016. Signed by Magistrate Judge Michael R. Merz on 9/2/2016. (kpf)
February 9, 2017
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ORDER ADOPTING REPORT AND RECOMMENDATIONS (Doc. 51). Accordingly, it is hereby ORDERED that Defendant's conviction under the Armed Career Criminal Act is VACATED. The Court will contact the parties to schedule a re-sentencing hearing. Signed by Judge Timothy S. Black on 2/9/2017. (mr) Civil Case 3:16-cv-00181-TSB-MRM closed.
June 8, 2017
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AMENDED JUDGMENT as to Anthony Heath (1). Count 1: Sentenced to fifty-one (51) months, custody of the BOP, credit for time served on this offense; three (3) years supervised release with same conditions previously imposed; no restitution; no fine; $100 special assessment. Signed by Judge Timothy S. Black on 6/8/17. (gs)