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05-052 - USA v. Hammonds

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05-052 - USA v. Hammonds
March 3, 2017
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MEMORANDUM AND ORDER as to Dale W Hammonds. For the reasons outlined above, the action [E.D. Tenn. Case No. 2:16-CV-61-JRG] is STAYED pending issuance of the Sixth Circuits en banc decision in Stitt. The parties are DIRECTED to file a joint status report within thirty (30) days of that decision. Signed by District Judge J Ronnie Greer on 3/3/2017. (JCK)
August 7, 2017
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MEMORANDUM OPINION as to Dale W Hammonds, For the reasons set forth herein, the Court finds that petitioner is entitled to relief under § 2255 and will grant petitioner's § 2255 motion [Doc. 33]. Since petitioner already has served approximately 145 months in prison [Doc. 50 at 3], a total exceeding the ten year custodial maximum applicable to him post-Johnson, petitioners term of imprisonment will be corrected and reduced to a sentence of time served on Count One of the indictment. While petitioner is entitled to discharge from custody, this order will not take effect until 10 days from its entry so as to give the Bureau of Prisons time to process Petitioner's release. Further, the Judgment imposed on October 31, 2005 [Doc. 24], will be amended to reflect a term of supervised release of 3 years on Count One of the indictment. In all other respects, the Judgment imposed on October 31, 2005, shall remain in full force and effect. Signed by District Judge J Ronnie Greer on 8/7/2017. (JCK)