Swanson, Jr. v. United States of America

Middle District of Florida, flmd-8:2016-cv-01693

ORDER ATTACHED granting {{1}} Motion to Vacate/Set Aside/Correct Sentence (2255), directing the Clerk to enter judgment for Plaintiff and to CLOSE the case, and directing parties to advise the Court no later than Friday, August 5, 2016, whether they have reached agreement as to new sentence. Plaintiff to remain in custody of BOP. Signed by Judge Richard A. Lazzara on 7/28/2016. (CCB)

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PageID 46 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION JOHN LEWIS SWANSON, JR., #54503-018 Plaintiff, v. CASE NO. 8:16-cv-1693-T-26AEP (Underlying criminal case 8:09-cr-231-T-26AEP) UNITED STATES OF AMERICA, Defendant. / ORDER UPON DUE AND CAREFUL CONSIDERATION of the parties' Notice of Agreement Regarding § 2255 Motion, together with the procedural history of the Plaintiff's underlying criminal case, case number 8:09-cr-231-T-26AEP and the Plaintiff's Presentence Report, it is ORDERED AND ADJUDGED as follows: 1) Plaintiff's Motion to Vacate (Dkt. 1) is granted. 2) The Clerk is directed to enter judgment for the Plaintiff and to close this case. 3) The parties shall advise the Court no later than Friday, August 5, 2016, as to whether they have reached an agreement as to the new sentence to be imposed on the Plaintiff in his underlying criminal case or whether a resentencing proceeding is necessary. PageID 47 4) The Plaintiff shall continue to remain in the custody of the Bureau of Prisons pending his resentencing in his underlying criminal case. DONE AND ORDERED at Tampa, Florida, on July 28, 2016. s/Richard A. Lazzara RICHARD A. LAZZARA UNITED STATES DISTRICT JUDGE COPIES FURNISHED TO: Counsel of Record United States probation Office United States Marshal Office Bureau of Prisons -2-