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04-321 - USA v. Potts


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04-321 - USA v. Potts
June 25, 2008
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FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: The undersigned Magistrate Judge RECOMMENDS that the Court GRANT the Motion to Vacate, Set Aside, or Correct Sentence brought pursuant to 28 U.S.C. ยง 2255 based upon a deficiency of counsel that prejudiced movant by increasing the calculated sentencing range through impermissible double counting. The Court should vacate movant's sentence and resentence him in light of the accurately calculated Guidelines range. It should otherwise DENY the motion. (Signed by Magistrate Judge Irma C Ramirez on 6/25/2008) (twd)
July 17, 2008
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ORDER ACCEPTING 50 FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: The court DENIES as moot movant's motion for summary judgment and GRANTS the motion to vacate on one claim of ineffective assistance of counsel. The court VACATES petitioners sentence and will resentence him by separate order in light of the accurately calculated guidelines range. (Signed by Senior Judge A. Joe Fish on 7/17/2008) (twd)