Boissonneau v. United States of America ( INMATE 3)

Filing 5

OPINION. Signed by Honorable Judge Myron H. Thompson on 1/8/13. (scn, )

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IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION SEAN MICHAEL BOISSONNEAU, Petitioner, v. UNITED STATES OF AMERICA, Respondent. ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 2:13cv020-MHT (WO) OPINION The matter is before the court on petitioner Sean Michael Boissonneau’s pro se motions for a concurrent sentence treating, (Doc. Nos. first, 2 and 3), as a motion which pursuant the to court 28 is U.S.C. § 2255, and, second, as seeking habeas corpus relief on grounds of ineffective assistance of counsel. agree such relief is proper. Both sides The court will therefore grant Boissoneau’s petition for habeas corpus relief as follows: (1) The judgment in United States v. Boissonneau, criminal action number 2:10cr176-MHT (Doc. No. 38) (M.D. Ala.), is amended to reflect that the sentence is concurrent with the sentence issued in the Montgomery County, Alabama, Circuit Court, Case No. CC-08-648; and (2) this amendment is nunc pro tunc, meaning that the amendment is effective as of the date of the original judgment in the criminal case. An appropriate judgment will be entered. DONE, this the 8th day of January, 2013. /s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE

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