Steele v. United States of America

Middle District of Florida, flmd-8:2016-cv-01769

ORDER granting {{1}} Motion to vacate/set aside/correct sentence (2255). The Clerk is directed to enter judgment in favor of Steele and then to close the case. Signed by Judge Susan C Bucklew on 10/14/2016. (JD)

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PageID 41 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION UNITED STATES OF AMERICA CASE NOS: 8:92-cr-235-T-24 TGW vs. 8:16-cv-1769-T-24 TGW ROBERT DALE STEELE U.S. Marshal No. 03881-028 ____________________________/ ORDER This cause comes before the Court upon the filing of a Joint Stipulation between the United States and Defendant Steele regarding Section 2255 Motion and Resentencing (Doc. CV- 11) filed October 13, 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 1993 criminal judgment should be vacated, and (3) Defendant should be resentenced in absentia to 77 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-1, CR-2) is GRANTED. 2. Defendant is sentenced in absentia to 77 months of imprisonment, followed by 36 months of supervised release, with the same terms and conditions imposed in the Judgment entered on April 19, 1993. The sentence runs consecutive to Defendant's imprisonment under any previous (prior to April 19, 1993) state or federal sentence. PageID 42 3. The Clerk is directed to enter an Amended Judgment in the criminal case consistent with this order. 4. The Clerk is directed to enter judgment in favor of Steele in the civil case and then to close the civil case. DONE AND ORDERED at Tampa, Florida, this 14th day of October, 2016. Copies furnished to: Counsel of Record 2