Orsinger v. USA

Filing 10

ORDER ACCEPTING REPORT AND RECOMMENDATION 9 : Defendant Johnny Orsinger's Motion to Vacate, Set Aside or Correct Sentence pursuant to 28 U.S.C. § 2255 (Doc. 1 ) is granted. IT IS FURTHER ORDERED that Defendant Johnny Orsinger be resentenced in accordance with Miller v. Alabama, __ U.S. __, 132 S. Ct. 2455 (2012). (See document for full details). Signed by Judge Neil V Wake on 6/19/14. (LAD)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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United States of America,

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Plaintiff/Respondent,
v.

No. CV-13-08159-PCT-NVW
No. CR-01-01062-03-PCT-NVW
ORDER

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Johnny Orsinger,
Defendant/Movant.

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Pending before the Court is the Report and Recommendation (“R&R”) of

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Magistrate Judge Lawrence O. Anderson (Doc. 9) regarding Defendant Johnny

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Orsinger’s Motion to Vacate, Set Aside or Correct Sentence pursuant to 28 U.S.C. § 2255

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(Doc. 1).

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resentenced in accordance with Miller v. Alabama, __ U.S. __, 132 S. Ct. 2455 (2012).

The R&R recommends that the Motion be granted and that Movant be

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The United States filed a Response in which it agreed to the resentencing of

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Defendant pursuant to Miller v. Alabama. (Doc. 8.) The Court will accept the R&R and

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grant the Motion. See 28 U.S.C. § 636(b)(1) (stating that the district court “may accept,

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reject, or modify, in whole or in part, the findings or recommendations made by the

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magistrate”).

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IT IS THEREFORE ORDERED that the Report and Recommendation of the

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Magistrate Judge (Doc. 9) is accepted and Defendant Johnny Orsinger’s Motion to

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Vacate, Set Aside or Correct Sentence pursuant to 28 U.S.C. § 2255 (Doc. 1) is granted.

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IT IS FURTHER ORDERED that Defendant Johnny Orsinger be resentenced in
accordance with Miller v. Alabama, __ U.S. __, 132 S. Ct. 2455 (2012).

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IT IS FURTHER ORDERED setting a hearing and resentencing in CR-01-01062-

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03-PCT-NVW, for October 27, 2014, at 2:30 p.m., in Courtroom 504, 401 W.

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Washington Street, Phoenix, Arizona 85003. The Probation Department shall prepare an

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updated presentence investigation report.

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Dated this 19th day of June, 2014.

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