Steele v. United States of America

Filing 12

ORDER granting 1 Motion to vacate/set aside/correct sentence (2255). The Clerk is directed to enter judgment in favor of Steele and then to close the case. Signed by Judge Susan C Bucklew on 10/14/2016. (JD)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION

UNITED STATES OF AMERICA
CASE NOS: 8:92-cr-235-T-24 TGW
8:16-cv-1769-T-24 TGW

vs.
ROBERT DALE STEELE
U.S. Marshal No. 03881-028

____________________________/
ORDER
This cause comes before the Court upon the filing of a Joint Stipulation between the
United States and Defendant Steele regarding Section 2255 Motion and Resentencing (Doc. CV11) filed October 13, 2016. The parties agree that in light of Johnson v. United States, 135 S. Ct.
2551 (2015), Defendant no longer qualifies for the ACCA enhancement. Pursuant to the
stipulation, the parties further agree that: (1) Defendant’s § 2255 motion should be granted, (2)
Defendant’s 1993 criminal judgment should be vacated, and (3) Defendant should be
resentenced in absentia to 77 months of imprisonment, followed by 36 months of supervised
release.
Accordingly, the Court orders:
1. Defendant’s 28 U.S.C. §2255 motion to vacate (Doc. CV-1, CR-2) is GRANTED.
2. Defendant is sentenced in absentia to 77 months of imprisonment, followed by 36
months of supervised release, with the same terms and conditions imposed in the Judgment
entered on April 19, 1993. The sentence runs consecutive to Defendant’s imprisonment under
any previous (prior to April 19, 1993) state or federal sentence.

3. The Clerk is directed to enter an Amended Judgment in the criminal case consistent
with this order.
4. The Clerk is directed to enter judgment in favor of Steele in the civil case and then to
close the civil case.
DONE AND ORDERED at Tampa, Florida, this 14th day of October, 2016.

Copies furnished to:
Counsel of Record

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