Burnett v. USA

Filing 35

CLERK'S JUDGMENT (NJR/jdh)IT IS HEREBY ORDERED AND ADJUDGED that petitioner Eric Burnetts motion to vacate, set aside or correct his sentence pursuant to 28 U.S.C. § 2255 is granted.Approved by Judge J. Phil Gilbert on 4/5/2012. (jdh)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
ERIC BURNETT,
Petitioner/Defendant,
vs.
UNITED STATES OF AMERICA,
Respondent/Plaintiff.

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Civil No. 10-CV-164-JPG
Criminal No. 01-CR-40017-JPG

JUDGMENT
This matter having come before the Court, and the Court having rendered a decision,
IT IS HEREBY ORDERED AND ADJUDGED that petitioner Eric Burnett’s motion to
vacate, set aside or correct his sentence pursuant to 28 U.S.C. § 2255 is granted, that judgment is
entered in favor of petitioner Eric Burnett and against respondent United States of America; and
that the judgment of revocation against petitioner Eric Burnett in Criminal Case No. 01-cr40017-JPG (Doc. 448) is vacated and a substantively identical amended judgment be entered
forthwith to allow petitioner Eric Burnett the opportunity to proceed as if on direct appeal.
DATED: April 5, 2012

NANCY J. ROSENSTENGEL, Clerk of Court
s/ Jina Hoyt, Deputy Clerk

Approved:

s/ J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE