Young v. United States of America

Filing 66

ORDER granting 1 MOTION to Vacate, Set Aside or Correct Sentence (2255) (Criminal Action CR11-3030-MWB) filed by Tracy Allen Young. Petitioner's 35 MOTION to Expand the Record is hereby rendered moot by my adoption of the 65 Stipulation. The US Marshals Service is directed to transport petitioner Tracy Allen Young to appear personally for this resentencing hearing. Signed by Judge Mark W Bennett on 6/3/16. (djs)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF IOWA
CENTRAL DIVISION
TRACY ALLEN YOUNG,
No. C 13-3054-MWB
(No. CR 11-3030-MWB)

Petitioner,
vs.
UNITED STATES OF AMERICA,

ORDER

Respondent.
___________________________
This case is before me on the parties’ June 1, 2016, updated Stipulation (docket
no. 65). On October 11, 2013, Young filed his Motion To Vacate, Set Aside, Or Correct
Sentence Pursuant To 28 U.S.C. § 2255 (docket no. 1). The parties are familiar with
the long procedural history which brought us to the March 28, 2016, status conference
regarding the petitioner’s Section 2255 Petition. At that status conference, the parties
informed me that they agreed to narrow the issues before the court and would file a
stipulation which would clarify which claims were withdrawn and which claims were
uncontested and agreed upon. On May 20, 2016, the parties filed their Stipulation (docket
no. 63). On June 1, 2016, the parties filed an updated Stipulation (docket no. 65), which
is before me now. The first paragraph of the parties’ updated Stipulation reads:
The United States and Petitioner agree that based upon the above
undisputed facts, petitioner has met his burden to prove that his trial counsel
was ineffective for failing to investigate his mental health and disability and
to present evidence of that disability as a mitigating factor at sentencing,
and that his failure was prejudicial. The United States withdraws its
objection to a resentencing on this ground. Petitioner withdraws his other
claims of ineffective assistance of counsel and that he was incompetent at
the time of his guilty plea at sentencing.

Stipulation of Parties 1. The remainder of the updated stipulation describes additional
conditions and circumstances under which the parties have agreed to proceed to a
resentencing, should I accept their proposed stipulation.
I find that adopting the parties’ stipulation would be in the interests of justice and
judicial economy. Thus, I adopt the parties’ June 1, 2016, Stipulation in its entirety.
Based upon the adoption of this stipulation in its entirety and in accordance to its terms,
I hereby grant petitioner’s Motion under 28 U.S.C. § 2255 to Vacate, Set Aside, or
Correct Sentence by a Person in Federal Custody (docket no. 1). Petitioner’s September
14, 2015, Motion to Expand the Record (docket no. 35) is hereby rendered moot by my
adoption of this stipulation.
THEREFORE, pursuant to the parties’ June 1, 2016, updated Stipulation, this case
is scheduled for resentencing at Thursday, June 16, 2016 at 11:00AM in Sioux City.
The United States Marshals Service is directed to transport petitioner Tracy Allen Young
to appear personally for this resentencing hearing.
IT IS SO ORDERED.
DATED this 3rd day of June, 2016.

______________________________________
MARK W. BENNETT
U.S. DISTRICT COURT JUDGE
NORTHERN DISTRICT OF IOWA

2