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- ilnd;;1:08-cr-01028_de623 RegisterActionDate "2013-08-16" @default.
- ilnd;;1:08-cr-01028_de623 RegisterActionDescriptionText "ORDER as to Trevail Banks (5): Motion hearing held on 8/14/2013. Defendant waived appearance. Defendant's motion for relief 567 is granted. By agreement of the parties, the motion is re-characterized as a motion pursuant to 28 U.S.C. § 2255. The court concludes that Defendant is entitled to relief from his sentence because, under Dorsey v. United States, 132 S. Ct. 2321 (2012), at the time of his sentencing, a five-year mandatory minimum should have applied to his offense, rather than the ten-year mandatory minimum applied by the court. The court further finds that the error was not harmless. Defendant's counsel indicated that Defendant wishes to be present for re-sentencing. The PSR is to be updated so as to reflect Defendant's institutional history and post-conviction conduct. Sentencing hearing set for 11/20/2013 at 10:15AM. Signed by the Honorable Joan B. Gottschall on 8/16/2013. Mailed notices (yap, ) (Entered: 08/19/2013)" @default.
- ilnd;;1:08-cr-01028_de623 AdministrativeID "594" @default.
- ilnd;;1:08-cr-01028_de623 hasReferenceToOtherEntry ilnd;;1:08-cr-01028_de596 @default.