Bates v. United States of America (INMATE 3)

Filing 41

JUDGMENT: Upon consideration of the opinion of the USCOA for the Eleventh Circuit entered on 5/29/2016 (doc. no. 39 ), wherein the final judgment of this court made and entered herein on 9/14/2015 (doc. no. 27 ), was vacated and remanded; and the m andate of the USCOA for the Eleventh Circuit issued on 7/11/2016, and received in the office of the clerk of this court on 7/11/2016 (doc. no. 40 ), it is the ORDER, JUDGMENT, and DECREE of the court that: (1) The opinion and final judgment of this court made and entered on 9/14/2015 (doc. nos. 26 & 27 ), are vacated. (2) Petitioner Janika Fernae Batess petition for habeas corpus pursuant to 28 U.S.C. § 2255 (doc. no. 1 ) is granted. (3) Petitioner Bates is to remain in the custody of the Attorney General pending resentencing. (4) No costs are taxed. The clerk of court is DIRECTED to file a copy of the opinion of the appeals court and this judgment in U.S.A. v Bates, criminal action no. 2:11-cr-006-MHT. The clerk of the court is f urther DIRECTED to enter this document on the civil docket as a final judgment pursuant to FRCP 58. This case is closed. Signed by Honorable Judge Myron H. Thompson on 7/21/2016. Copy furnished to AG. (Attachments: # 1 Civil Appeals Checklist)(dmn, )

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

JANIKA FERNAE BATES,
Petitioner,
v.
UNITED STATES OF AMERICA,
Respondent.

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CIVIL ACTION NO.
2:12cv580-MHT
(WO)

JUDGMENT
Upon consideration of the opinion of the United
States

Court

of

Appeals

for

the

Eleventh

Circuit

entered on May 19, 2016 (doc. no. 39), wherein the
final judgment of this court made and entered herein on
September

14,

2015

(doc.

no.

27),

was

vacated

and

remanded; and the mandate of the United States Court of
Appeals for the Eleventh Circuit issued on July 11,
2016, and received in the office of the clerk of this
court on July 11, 2016 (doc. no. 40), it is the ORDER,
JUDGMENT, and DECREE of the court that:
(1) The opinion and final judgment of this court

made and entered on September 14, 2015 (doc. nos. 26 &
27), are vacated.
(2) Petitioner Janika Fernae Bates’s petition for
habeas corpus pursuant to 28 U.S.C. § 2255 (doc. no. 1)
is granted.
(3) Petitioner Bates is to remain in the custody of
the Attorney General pending resentencing.
(4)

No costs are taxed.

The clerk of court is DIRECTED to file a copy of
the opinion of the appeals court and this judgment in
U.S.A. v Bates, criminal action no. 2:11-cr-006-MHT.
The clerk of the court is further DIRECTED to enter
this document on the civil docket as a final judgment
pursuant

to

Rule

58

of

the

Federal

Rules

of

Civil

Procedure.
This case is closed.
DONE, this the 21st day of July, 2016.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE