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- almd;;3:16-cv-00465_de22 RegisterActionDate "2019-09-17" @default.
- almd;;3:16-cv-00465_de22 RegisterActionDescriptionText "ORDER directing as follows: (1) the 20 Report and Recommendation of the Magistrate Judge is GRANTED; (2) EF1483A 28 USC 2255 Motion to Vacate, Set Aside or Correct Sentence is GRANTED; (3) The sentence, entered in United States v. EF1483A, No. 3:06-CR-266-WKW (M.D. Ala. June 20, 2007), is VACATED, and a resentencing date will be set by separate order. EF1483A shall remain in custody pending resentencing; (4) On or before 9/23/19, Defendant and the Government, after consultation with the United States Probation Office, are DIRECTED to file a Notice that includes: (a) whether, without the ACCA enhancement, Defendant has served the statutory maximum term of imprisonment on his conviction for being a felon in possession of a firearm; (b) if so, how the parties want the court to proceed with resentencing, with due regard to modification of the judgment's supervised release term; and (c) whether Defendant, who is incarcerated in South Carolina, intends to waive his presence at a resentencing hearing, see Fed. R. Crim. P. 43(c)(1)(B); (5) The Clerk of the Court is DIRECTED to file this Order in United States v. EF1483A, No. 3:06-CR-266-WKW (M.D. Ala. June 20, 2007); (6) The Clerk of the Court is DIRECTED to furnish copies of this Order to counsel, to the United States Probation Office, and to the United States Marshal;A final judgment in this action will be entered separately. Signed by Honorable Judge William Keith Watkins on 9/17/19. (djy, ) (Entered: 09/17/2019)" @default.
- almd;;3:16-cv-00465_de22 AdministrativeID "21" @default.
- almd;;3:16-cv-00465_de22 OntologyLabel order @default.
- almd;;3:16-cv-00465_de22 hasReferenceToOtherEntry almd;;3:16-cv-00465_de20 @default.