Mitchell v. United States of America

Filing 6

ORDER adopting 5 Report and Recommendation; granting 1 MOTION to Vacate, Set Aside or Correct Sentence (2255). The Court vacates Mitchell's sentence and will resentence Mitchell after an updated Pre-Sentence Investigation report has been prepared. Signed by Judge J. Randal Hall on 09/22/2016. (thb)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
BRUNSWICK DIVISION

DENNIS MITCHELL,

Petitioner,

CIVIL ACTION NO.: 2:16-cv-104

v.

(Rel. CaseNo.:2:07-cr-33)
UNITED STATES OF AMERICA,

Respondent.

ORDER

After an independent and de novo review of the entire record, the undersigned concurs

with the Magistrate Judge's Report and Recommendation, (doc. 5), as set forth herein. Petitioner
Dennis Mitchell ("Mitchell") and Respondent did not file any Objections to the Magistrate
Judge's Report and Recommendation.
The Court GRANTS Petitioner's Motion to Vacate, Set Aside, or Correct Sentence, filed

pursuant to 28 U.S.C. § 2255. (Doc. 1.) The Court VACATES Mitchell's sentence and will
resentence Mitchell after an updated Pre-Sentence Investigation report has been prepared.

SO ORDERED, thisd^Tday of September, 2016.

HC^OR4BL£ J. RANDAL HALL
UNITEDKTATES DISTRICT JUDGE
SOUTHERN DISTRICT OF GEORGIA