Thomas v. USA

Filing 31

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Movant's Amended Motion to Vacate, Set Aside, or Correct Sentence Under 28 U.S.C. § 2255 21 is GRANTED. IT IS FURTHER ORDERED that the judgment and commitment in United States v. Winfred Thomas, No. 4:03-CR-00479-JAR is VACATED subject to resentencing. IT IS FURTHER ORDERED that the United States Probation Office shall, as promptly as possible, prepare and file in Movants criminal case a new resentencing report. Movant is granted a new sentencing hearing, to be set as soon as the new resentencing report is completed. Movant shall remain in custody pending resentencing. IT IS FURTHER ORDERED that the Clerk of Court shall provide a copy of this Memorandum and Order to the U nited States Probation Office. IT IS FURTHER ORDERED that the Clerk of Court is directed to docket a copy of this Memorandum and Order in the criminal case, No. 4:03-CR-00479-JAR. A separate Judgment will accompany this Memorandum and Order. Signed by District Judge John A. Ross on 4/9/2018. (CLO)(cc: Probation)