McKinney v. USA

Filing 22

ORDER in accord with the instructions of the Court of Appeals, IT IS ORDERED that the Deft *Donzell Ali McKinney's conviction regarding 18 USC § 924(c) (Count Two) is hereby vacated. Based thereon, IT IS FURTHER ORDE RED that the sentence of the Defendant *Donzell Ali McKinney as to all counts is vacated. The Clerk is directed to set this matter [CRIMINAL CASE NO. 1:12-cr-00085-MR] for resentencing. Signed by Chief Judge Martin Reidinger on 4/18/2023. (ejb) Modified *text on 4/18/2023 (ejb).

THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:16-cv-00149-MR
[CRIMINAL CASE NO. 1:12-cr-00085-MR]

UNITED STATES OF AMERICA,

)
)
Plaintiff,
)
)
vs.
)
)
DONZELL ALI McKINNEY,
)
)
Defendant.
)
_______________________________ )

ORDER

THIS MATTER is before the Court on remand from the United States
Court of Appeals for the Fourth Circuit for resentencing. [Docs. 20, 21].
In accord with the instructions of the Court of Appeals,
IT IS ORDERED that the Defendant’s conviction regarding 18 USC §
924(c) (Count Two) is hereby vacated. Based thereon, IT IS FURTHER
ORDERED that the sentence of the Defendant as to all counts is vacated.
The Clerk is directed to set this matter for resentencing.
Signed: April 18, 2023

Case 1:16-cv-00149-MR Document 22 Filed 04/18/23 Page 1 of 1