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07-042 - USA v. Mohler et al


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07-042 - USA v. Mohler et al
May 13, 2008
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JUDGMENT as to Larry W Widener (2), Count(s) 1, Dismissed upon motion by government; Count(s) 3, 24 months imprisonment, 3 years supervised release, $100.00 assessment Signed by District Judge J Ronnie Greer on 5/12/08. (RET)
August 1, 2017
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MEMORANDUM OPINION as to Michael S Mohler. For the reasons set forth herein, the Court finds that petitioner is entitled to relief under § 2255 and will grant petitioner's amended § 2255 motion [Doc. 45], as supplemented [Doc. 58]. Since petitioner already has served approximately 107 months in prison [Doc. 63 p. 2-3], a term which exceeds the advisory guideline range applicable to him as a non-armed career criminal post-Johnson, petitioner's term of imprisonment will be corrected and reduced to a sentence of "time served" on Count Two 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 Petitioners release. Further, the Judgment dated July 25, 2008 [Doc. 38], will be amended to reflect a term of supervised release of 3 years on Count Two of the indictment. In all other respects, the judgment dated July 25, 2008, shall remain in full force and effect. Signed by District Judge J Ronnie Greer on 08/01/2017. (AMP)