Slack v. United States of America

Middle District of Florida, flmd-8:2016-cv-00852

ORDER granting {{5}} Motion to vacate/set aside/correct sentence (2255). The Clerk is directed to enter judgment in favor of Petitioner Slack and to close this civil case. Signed by Judge Susan C Bucklew on 8/9/2016. (JD)

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PageID 75 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION UNITED STATES OF AMERICA CASE NOS: 8:07-cr-319-T-24 TGW vs. 8:16-cv-852-T-24 TGW ROBERT WAYNE SLACK ____________________________/ ORDER This cause comes before the Court upon the filing of a Joint Stipulation between the United States and Defendant Slack regarding Section 2255 Motion and Resentencing (Doc. CV- 14) filed August 9, 2016. The parties agree that in light of Johnson v. United States, 135 S. Ct. 2551 (2015), Defendant no longer qualifies for the ACCA enhancement. Pursuant to the stipulation, the parties further agree that: (1) Defendant's § 2255 motion should be granted, (2) Defendant's 2008 criminal judgment should be vacated, and (3) Defendant should be resentenced in absentia to 57 months of imprisonment, followed by 36 months of supervised release. Accordingly, the Court orders: 1. Defendant's 28 U.S.C. §2255 motion to vacate (Doc. CV-5, CR-74) is GRANTED. 2. Defendant is sentenced in absentia to 57 months of imprisonment, followed by 36 months of supervised release, with the same terms and conditions imposed in the Judgment entered on December 4, 2008 (Doc. CR-53). 3. The Clerk is directed to enter an Amended Judgment in the criminal case. 4. The Clerk is directed to enter judgment in favor of Slack in the civil case and then to close the civil case. PageID 76 DONE AND ORDERED at Tampa, Florida, this 9th day of August, 2016. Copies furnished to: Counsel of Record U.S. Probation 2