Haynes v. United States of America

Filing 44

ORDER granting 1 Mr. Haynes's MOTION to Vacate, Set Aside or Correct an Illegal Sentence pursuant to 28 U.S.C. § 2255 with respect to Claim One; the sentences and Judgments in Criminal Case Numbers 6:07-cr-54-Orl-28GJK (Doc. 110 in th at case) and 6:07-cr-73-Orl-28KRS (Doc. 89 in that case) are vacated; the motion is denied with regard to Claims Two, Three, and Four. Directing the United States Probation Office to prepare an updated Presentence Investigation Report; upon receiving the report, the Court will set a date for a new sentencing hearing by separate order. Directing the Clerk to enter Judgment and close this case. Also directing the Clerk to file a copy of this Order in Criminal Case Numbers 6:07-cr-54-Orl-28GJK and 6:07-cr-73-Orl-28KRS and to terminate the motions to vacate, set aside, or correct sentence (Criminal Case 6:07-cr-54, Doc. 147; Criminal Case 6:07-cr-73, Doc. 115) pending in those cases. Signed by Judge John Antoon II on 8/31/2018. (BRS)