Banks v. USA

Filing 44

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Petitioner George C. Banks' Motion to vacate under 18 U.S.C. § 2255 is GRANTED. An appropriate judgment will accompany this Memorandum and Order. Signed by District Judge Rodney W. Sippel on 7/16/2018. (JMC)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
GEORGE C. BANKS,
Petitioner,
vs.
UNITED STATES OF AMERICA,
Respondent.

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Case No. 1:16 CV 162 RWS

MEMORANDUM AND ORDER
Petitioner George Banks filed this motion to vacate his sentence under 28
U.S.C. § 2255. Banks asserts that, under Johnson v. United States, 135 S. Ct. 2551
(2015), he is no longer subject to an enhanced sentence under the Armed Career
Criminal Act (“ACCA”). On April 6, 2018, I denied Bank’s petition. Banks
appealed my decision to the United States Court of Appeals for the Eighth Circuit.
On July 10, 2018, the Eighth Circuit, upon motion of Respondent United States of
America, remanded this matter for further consideration. On July 13, 2018, Banks
and Respondent filed a stipulation granting Banks’ motion to vacate and requesting
the entry of an amended judgment. As a result, I will enter an amended judgment
in Bank’s criminal case 1:05 CR 27 RWS.
Accordingly,

IT IS HEREBY ORDERED that Petitioner George C. Banks’ Motion to
vacate under 18 U.S.C. § 2255 is GRANTED.
An appropriate judgment will accompany this Memorandum and Order.

_____________________________
RODNEY W. SIPPEL
UNITED STATES DISTRICT JUDGE

Dated this 16th day of July, 2018.

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