Sykes v. United States of America (INMATE 3)

Filing 13

JUDGMENT: It is the ORDER, JUDGMENT, and DECREE of the court as follows: (1) Petitioner Payton Lee Sykes's 1 Petition for Writ of Habeas Corpus is granted. (2) The sentence (doc. no. 51) entered in United States v. Sykes, 2:05cr18-01-MHT (M.D . Ala. January 26, 2006), is vacated. (3) The clerk of court is to file this judgment, along with the companion opinion, in United States v. Sykes, 2:05cr18-01-MHT (M.D. Ala.). (4) Petitioner Sykes is to remain in the custody of the Attorney General pending resentencing. It is further ORDERED that no costs are taxed. 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 7/15/2016. (Attachments: # 1 Civil Appeals Checklist)(dmn, )

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

PAYTON LEE SYKES,

)
)
)
)
)
)
)
)
)

Petitioner,
v.
UNITED STATES OF AMERICA,
Respondent.

CIVIL ACTION NO.
2:16cv473-MHT
(WO)

JUDGMENT
In accordance with the memorandum opinion entered
today, it is the ORDER, JUDGMENT, and DECREE of the
court as follows:
(1) Petitioner Payton Lee Sykes’s petition for writ
of habeas corpus (doc. no. 1) is granted.
(2) The sentence (doc. no. 51) entered in United
States

v.

Sykes,

2:05cr18-01-MHT

(M.D.

Ala.

January 26, 2006), is vacated.
(3) The clerk of court is to file this judgment,
along

with

the

companion

opinion,

in

United

States v. Sykes, 2:05cr18-01-MHT (M.D. Ala.).

(4) Petitioner Sykes is to remain in the custody of
the Attorney General pending resentencing.
It is further ORDERED that no costs are taxed.
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 15th day of July, 2016.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE