Bohannon v. United States of America

Filing 47

ORDER REINSTATING ORIGINAL SENTENCE AND DIRECTING ENTRY OF SECOND AMENDED CRIMINAL JUDGMENT as to Timothy Wayne Bohannon. Signed by Judge James D. Todd on 1/22/20. (skc)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF TENNESSEE
EASTERN DIVISION
UNITED STATES OF AMERICA,
Plaintiff,
VS.
TIMOTHY WAYNE BOHANNON,
Defendant.

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Crim. No. 05-10080-JDT
Civ. No. 13-1255-JDT

ORDER REINSTATING ORIGINAL SENTENCE AND
DIRECTING ENTRY OF SECOND AMENDED CRIMINAL JUDGMENT

On December 31, 2019, the Court issued an order for the Defendant, Timothy
Wayne Bohannon, to show cause why his original sentence in this case should not be
reinstated in accordance with the decision by the Sixth Circuit reversing the relief
previously granted pursuant to 28 U.S.C. § 2255. (No. 13-1255, ECF No. 45.) Defendant
responded, through counsel, on January 21, 2020, stating that he has no basis for arguing
that the mandate of the Court of Appeals should not be followed. (Id. ECF No. 46.)
Accordingly, based on the mandate of the Sixth Circuit and the decision in United
States v. Stitt, 139 S. Ct. 399 (2018), a second amended criminal judgment will be entered
reinstating Bohannon’s sentence of 180 months in the custody of the Bureau of Prisons and
a 3-year term of supervised release. The second amended judgment shall provide that
Bohannon will self-surrender for service of his sentence at the institution designated by the

Bureau of Prisons at the date and time specified by the U.S. Marshal, which shall be at least
sixty (60) days after the date the second amended judgment is entered.
IT IS SO ORDERED.
s/ James D. Todd
JAMES D. TODD
UNITED STATES DISTRICT JUDGE

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