United States of America v. Simpson (INMATE3)

Filing 50

JUDGMENT as follows: (1) Respondent United States of America's 23 objection is overruled; (2) The 21 United States Magistrate Judge's Recommendation is adopted; (3) The 1 28 U.S.C.A. § 2225 petition filed by petitioner Darrell Si mpson is granted; (4) Petitioner Simpson's sentence of 488 months, in United States v. Simpson, criminal action no. 2:96cr195-MHT, is vacated; (5) Petitioner Simpson shall be re-sentenced in accordance and in a manner consistent with the origina l plea agreement; and (6) The clerk of the court shall file, in United States v. Simpson, criminal action no. 2:96cr195-MHT, copies of this judgment and the accompanying opinion, along with the 21 United States Magistrate Judge's recommendatio n. It is further ORDERED that costs are taxed against respondent United States of America, for which executionmay issue. The clerk of the court is DIRECTED to enter this document on the civil docket as a final judgment pursuant to Rule 58 FRCP. Signed by Honorable Myron H. Thompson on 10/19/2009. (Attachments: # 1 Civil Appeals Checklist)(cb, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION

ARRELL SIMPSON, Petitioner, v. UNITED STATES OF AMERICA, Respondent.

) ) ) ) ) ) ) ) )

CIVIL ACTION NO. 2:04cv746-MHT (WO)

JUDGMENT In accordance with the opinion entered this date, it is the ORDER, JUDGMENT, and DECREE of the court as follows: (1) Respondent United States of America's objection (Doc. No. 23) is overruled. (2) The United States Magistrate Judge's

recommendation (Doc. No. 21) is adopted.

(3) The

28

U.S.C.A. Darrell

§

2225 Simpson

petition (Doc.

filed No. 1)

by is

petitioner granted.

(4) Petitioner Simpson's sentence of 488 months, in United States v. Simpson, criminal action no. 2:96cr195-MHT, is vacated. (5) Petitioner Simpson shall be re-sentenced in

accordance and in a manner consistent with the original plea agreement. (6) The clerk of the court shall file, in United States v. Simpson, criminal action no.

2:96cr195-MHT, copies of this judgment and the accompanying opinion, along with the United

States Magistrate Judge's recommendation (Doc. No. 21). It is further ORDERED that costs are taxed against respondent United States of America, for which execution may issue.

2

The clerk of the court is DIRECTED to enter this document on the civil docket as a final judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure. DONE, this the 19th day of October, 2009.

/s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE