Fletcher v. USA

Middle District of Florida, flmd-8:2016-cv-01875

ORDER granting {{1}} Motion to vacate/set aside/correct sentence (2255). The Clerk is directed to close this case. Signed by Judge Susan C Bucklew on 8/3/2016. (JD)

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PageID 45 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION UNITED STATES OF AMERICA Case No.: 8:03-cr-172-T-24 TGW vs. 8:16-cv-1875-T-24 TGW DONALD FLETCHER ________________________________/ ORDER This cause comes before the Court upon the filing of a Joint Stipulation between the United States and the Defendant Fletcher regarding Fletcher's § 2255 Motion and Resentencing (Doc. CV-8, CR-43) filed August 2, 2016. The parties agree that in light of Johnson v. United States, 135 S. Ct. 2551 (2015), Fletcher no longer qualifies for the ACCA enhancement. Pursuant to the stipulation, the parties further agree that: 1) Fletcher's § 2255 motion should be granted, 2) Fletcher's 2004 criminal judgment should be vacated, and 3) Fletcher should be resentenced in absentia to time served, followed by 36 months of supervised release. Accordingly, the Court orders: 1. Fletcher's 28 U.S.C. §2255 motion to vacate (Doc. CV-1, CR. 40) is granted. 2. Fletcher is sentenced in absentia to time served, followed by 36 months of supervised release with the same terms and conditions imposed in the Judgment entered on July 16, 2004. 3. The Clerk is directed to enter an Amended Judgment in the criminal case and to close the civil case. DONE AND ORDERED at Tampa, Florida, this 3rd day of August, 2016. Copies furnished to: Counsel of Record