Darden v. Bureau of Prisons et al

Filing 36

ORDER: Before the Court is a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 and a motion to vacate, set aside, or correct a sentence pursuant to 28 U.S.C. § 2255, brought by Joel Darden ("Petitioner"), by his post-conviction counsel. Petitioner moves to modify a sentence imposed by the Court under docket number 00 CR 315. For the following reasons, the petition is GRANTED in part. After a review of the filings and the relevant portions of the record in the civil and criminal dockets relating to this case, in addition to the oral arguments presented to the court, the Court concludes that Petitioner's sentence was based on a Constitutional error and represents a fundamental miscarriage of jus tice. Accordingly, the Court hereby GRANTS the motion. The Court will amend its sentence of 120 months to 81 months pursuant to 28 U.S.C. § 2255. Moreover, the Petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 is hereby DISMISSED in its entirety. The Clerk of the Court is directed to close the case. SO ORDERED. (Ordered by Senior Judge Sterling Johnson, Jr. on 4/14/2010) C/mailed. (Forwarded for Judgment) (Latka-Mucha, Wieslawa)