Walker v. United States of America (INMATE 3)

Filing 57

JUDGMENT: In accordance with the memorandum opinion entered today, it is the ORDER, JUDGMENT, and DECREE of the court as follows: (1) The United States Magistrate Judge's recommendation (doc. no. 51 ) is adopted. (2) The 28 U.S.C. 2255 petit ion for writ of habeas corpus (doc. no. 2 ) is granted as to petitioner Prentess Deshun Walkers claim challenging the legality of his sentence for the 18 U.S.C. 371 conspiracy offense, and is denied in all other respects. (3) The sentence of petitio ner Walker is vacated in full, and he is to be resentenced in full. (4) Petitioner Walkers motion to amend (doc. no. 50 ) is denied as moot. The clerk of the court is DIRECTED to file copies ofthis judgment, along with the accompanying opinion, in t he case, United States of America v. Walker, criminal action no. 2:05-cr-45 (M.D. Ala.). The clerk of the court is 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 10/26/2017. (Attachments: # 1 Civil Appeals Checklist)(dmn, ) Copy furnished to CRD AG to enter in Criminal Case as directed.

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

)
)
)
)
)
)
)
)
)

Petitioner,
v.
UNITED STATES OF AMERICA,
Respondent.

CIVIL ACTION NO.
2:14cv625-MHT
(WO)

JUDGMENT
In accordance with the memorandum opinion entered
today, it is the ORDER, JUDGMENT, and DECREE of the
court as follows:
(1) The

United

States

Magistrate

Judge's

recommendation (doc. no. 51) is adopted.
(2) The

28

U.S.C.

§

2255

petition

for

writ

of

habeas corpus (doc. no. 2) is granted as to petitioner
Prentess Deshun Walker’s claim challenging the legality
of his sentence for the 18 U.S.C. § 371 conspiracy
offense, and is denied in all other respects.
(3) The sentence of petitioner Walker is vacated in
full, and he is to be resentenced in full.

(4) Petitioner Walker’s motion to amend (doc. no.
50) is denied as moot.
The clerk of the court is DIRECTED to file copies of
this judgment, along with the accompanying opinion, in
the case, United States of America v. Walker, criminal
action no. 2:05-cr-45 (M.D. Ala.).

The clerk of the court is DIRECTED to enter this
document

on

the

civil

pursuant

to

Rule

58

of

docket
the

as

a

Federal

final
Rules

judgment
of

Civil

Procedure.
This case is closed.
DONE, this the 26th day of October, 2017.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE