Orsinger v. USA

Filing 12

ORDER That Magistrate Judge Lawrence O. Anderson's Report and Recommendation (Doc. 9 in CV-13-08160-PCT-SPL) is accepted and adopted by the Court; That the Motion to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody pursuan t to 28 U.S.C. § 2255 (Doc. 1 /Doc. 435 in CR-01-01072-PCT DGC) is granted; That Defendant/Movant Johnny Orsinger be resentenced in accordance with Miller v. Alabama, __ U.S. __, 132 S. Ct. 2455 (2012); That a hearing and resentencing in CR-01 -01072-05-PCT-DGC is set for October 27, 2014, at 3:00 p.m., before the Honorable David G. Campbell, in Courtroom 603, 401 West Washington Street, Phoenix, Arizona 85003; That the Probation Department shall prepare an updated presentence investigation report; and That the Clerk of Court shall terminate CV-13-08160-PCT-SPL. Signed by Judge Steven P Logan on 7/15/2014. (KMG)

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WO

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Plaintiff/Respondent, )
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vs.
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Johnny Orsinger,
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Defendant/Movant. )
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United States of America,

No. CV-13-08160-PCT-SPL
No. CR-01-01072-05-PCT-DGC
ORDER

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Before the Court is Movant/Defendant Johnny Orsinger’s Motion to Vacate, Set

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Aside, or Correct Sentence by a Person in Federal Custody pursuant to 28 U.S.C. § 2255

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(“Motion”) (Doc. 1). This matter was reassigned to this Court on July 9, 2014 (Doc. 11).

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In its Response to the Motion (Doc. 8), Plaintiff/Respondent United States of

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America agrees that Movant should be resentenced pursuant to Miller v. Alabama, __

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U.S. __, 132 S.Ct. 2455 (2012). The Honorable Lawrence O. Anderson, United States

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Magistrate Judge, issued a Report and Recommendation (“R&R”) (Doc. 9) on May 5,

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2014, recommending that in accordance with Miller, the Motion should be granted and

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Movant be resentenced in CR-01-01072-05-PCT-DGC.

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The Court will accept the R&R and grant the Motion. See 28 U.S.C. § 636(b)(1)

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(stating that the district court “may accept, reject, or modify, in whole or in part, the

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findings or recommendations made by the magistrate”). Accordingly,

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IT IS ORDERED:

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1.

That

Magistrate

Judge

Lawrence

O.

Anderson’s

Report

and

Recommendation (Doc. 9) is accepted and adopted by the Court;

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Federal Custody pursuant to 28 U.S.C. § 2255 (Doc. 1) is granted;

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That Defendant/Movant Johnny Orsinger be resentenced in accordance
with Miller v. Alabama, __ U.S. __, 132 S. Ct. 2455 (2012);

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That the Motion to Vacate, Set Aside, or Correct Sentence by a Person in

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That a hearing and resentencing in CR-01-01072-05-PCT-DGC is set for

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October 27, 2014, at 3:00 p.m., before the Honorable David G. Campbell,

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in Courtroom 603, 401 West Washington Street, Phoenix, Arizona 85003;

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5.

That the Probation Department shall prepare an updated presentence
investigation report; and

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That the Clerk of Court shall terminate CV-13-08160-PCT-SPL.

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Dated this 15th day of July, 2014.

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Honorable Steven P. Logan
United States District Judge

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