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09-017 - USA v. Mitchell


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09-017 - USA v. Mitchell
May 16, 2017
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MEMORANDUM AND ORDER as to Christopher A Mitchell: Granting 49 MOTION Defer Ruling re 38 MOTION to Vacate under 28 U.S.C. 2255 , 46 Supplement, 41 MOTION to Amend/Revise 38 MOTION to Vacate under 28 U.S.C. 2255 filed by Christopher A Mitchell filed by USA. The United States's request for a stay [Doc. 49] is GRANTED and the action [E.D. Tenn. Case No. 2:14-CV-183-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 05/16/2017. (CAT)
August 18, 2017
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MEMORANDUM OPINION as to Christopher A Mitchell. For the reasons set forth herein, the Court finds that Petitioner is entitled to relief under § 2255 and will grant his amended § 2255 motion [Doc. 41], as supplemented [Doc. 46]. The Judgment imposed by the Court on April 28, 2010 [Doc. 36], will be vacated and a resentencing hearing will be set. The United States Probation Office will be directed to provide the Court with information necessary for sentencing. The Clerk of Court will be directed to close the civil case at No. 2:14cv183. Signed by District Judge J Ronnie Greer on 08/18/2017. (CAT)
April 17, 2018
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MEMORANDUM OPINION as to Christopher A Mitchell. The governments objection to the PSR, in which it seeks to apply a cross-reference to §2A1.1, First Degree Murder, on a felony murder theory, is OVERRULED. In considering whether a cross-reference for homicide is appropriate at all, this Court FINDS that the most analogous offense is that of Involuntary Manslaughter involving reckless conduct. Therefore, this Court will apply the enhancement under § 2K2.1(b)(6)(B) for the defendants use or possession of a firearm in connection with another felony offense, resulting in a base offense level of 18. With a three-level reduction for acceptance of responsibility, the defendants total offense level is 15, which, with a criminal history category of III, results in an advisory sentencing guidelines range of 24-30 months. Signed by District Judge J Ronnie Greer on 4/17/18. (KDO)