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04-052 - USA v. Kenerson

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04-052 - USA v. Kenerson
September 11, 2017
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REPORT AND RECOMMENDATIONS as to Steven Kenerson re 69 MOTION to Vacate under 28 U.S.C. 2255 (Court approved form) and 57 MOTION to Vacate under 28 U.S.C. 2255. It is recommended that the Petitioner's motion be granted and the Petitioner be resentenced without the ACCA enhancement. Within fourteen (14) days after being served with a copy of this report and recommendation, any party may file with the Clerk of Court written objections identifying those portions of the recommendation to which objections are made and the basis for such objections. Signed by Magistrate Judge James E. Seibert on 9/11/17. (mh) (Copy PS Petitioner via cert. mail) (Additional attachment(s) added on 9/11/2017: # (1) Certified Mail Return Receipt) (mh).
May 23, 2018
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MEMORANDUM OPINION AND ORDER ADOPTING REPORT AND RECOMMENDATION AND GRANTING IN PART AND DENYING IN PART 2255 MOTION as to Steven Kenerson. The Court ADOPTS the Magistrate Judge's 76 Report and Recommendation and GRANTS IN PART and DENIES IN PART the Defendant's 57 Motion to Vacate pursuant to 28 USC 2255. The Court directs the parties to submit any proposals regarding the Defendant's corrected sentence by 6/1/18. Further, the Court DENIES a certificate of appealability. Signed by Senior Judge Irene M. Keeley on 5/23/18. (mh)