Higgins v. USA

Middle District of Florida, flmd-8:2016-cv-01598

ORDER ATTACHED granting {{1}} Motion to Vacate/Set Aside/Correct Sentence (2255), directing the Courtroom Deputy Clerk to enter an Amended Judgment in a Criminal Case in 8:11-cr-30-T-26AEP in accordance with the attached order, and directing the Clerk to enter judgment for the Plaintiff and to CLOSE this case. Signed by Judge Richard A. Lazzara on 7/26/2016. (CCB)

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PageID 53 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION LARRY DWAYNE HIGGINS, #54061-018 Plaintiff, v. CASE NO. 8:16-cv-1598-T-26AEP (Underlying Criminal Case: 8:11-cr-30-T-26AEP) UNITED STATES OF AMERICA, Defendant. / ORDER Pending before the Court is the Joint Stipulation Regarding Section 2255 Motion and Resentencing in which the parties stipulate that the Plaintiff no longer qualifies for a sentencing enhancement under the provisions of the Armed Career Criminal Act. After carefully considering the Joint Stipulation, together with the procedural history of the Plaintiff's underlying criminal case and his presentence report, the Court will approve the Joint Stipulation. ACCORDINGLY, it is ORDERED AND ADJUDGED as follows: 1) The Plaintiff's Motion to Vacate (Dkt. 1) is granted. 2) The Court directs the Clerk to enter judgment for the Plaintiff and to CLOSE this case. PageID 54 3) The Court also directs the Courtroom Deputy Clerk to enter an Amended Judgment in a Criminal Case in the Plaintiff's underlying criminal case, case number 8:11-cr-30-T-26AEP, reducing Plaintiff's sentence to that of time served, followed by 36 months of supervised release, subject to the same terms and conditions as imposed in the original Judgment in a Criminal Case. DONE AND ORDERED at Tampa, Florida, on July 26, 2016. s/Richard A. Lazzara RICHARD A. LAZZARA UNITED STATES DISTRICT JUDGE COPIES FURNISHED TO: Counsel of Record United States Probation United States Marshal Bureau of Prisons -2-