Cinelli v. USA

Filing 6

MEMORANDUM AND ORDER re: 1 MOTION to Vacate, Set Aside or Correct Sentence filed by Petitioner Michael A. Cinelli motion is GRANTED. Signed by District Judge E. Richard Webber on 6/9/16. (MRS)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SOUTHEASTERN DIVISION
MICHAEL A. CINELLI,
Petitioner,
vs.
UNITED STATES,
Defendant.

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Case No. 1:16CV00108 ERW

MEMORANDUM AND ORDER
This matter is before the Court on Petitioner Michael A. Cinellli’s Motion under 28
U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody [ECF
No. 1]. Petitioner requests the Court vacate his sentence pursuant to Johnson v. United States,
135 S. Ct. 2551 (2015) and Welch v. United States, 136 S. Ct. 1257 (2016). The United States
agrees Petitioner should be resentenced as he is no longer an armed career criminal. Based on the
agreement of the parties and the Court’s review of the pleadings and relevant case law, the Court
will grant Petitioner’s Motion. The Court will set a date for Petitioner to be resentenced after
speaking with Petitioner’s counsel, counsel for the Government, and the United States Probation
Office. Further orders and motions regarding Petitioner’s resentencing shall be filed in
Petitioner’s original criminal case, 1:07CR00129 ERW. Accordingly,
IT IS HEREBY ORDERED, ADJUDGED and DECREED that Petitioner Michael A.
Cinellli’s Motion under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence by a Person
in Federal Custody [ECF No. 1] is GRANTED.
Dated: June 9, 2016
E. RICHARD WEBBER
SENIOR UNITED STATES DISTRICT JUDGE