White v. United States of America

Filing 24

ORDER REINSTATING ORIGINAL SENTENCE AND GRANTING MOTION TO SELF-SURRENDER. Signed by Judge James D. Todd on 3/16/2020. (mbm)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF TENNESSEE
EASTERN DIVISION
UNITED STATES OF AMERICA,
Plaintiff,
VS.
ROCKY MORRIS WHITE,
Defendant.

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Crim. No. 02-10069-JDT
Civ. No. 16-1094-JDT

ORDER REINSTATING ORIGINAL SENTENCE AND
GRANTING MOTION TO SELF-SURRENDER

This Court granted relief to Defendant Rocky Morris White pursuant to 28 U.S.C.
§ 2255 based on the decisions in Johnson v. United States, 135 S. Ct. 2551 (2015), and
United States v. Stitt, 860 F.3d 854 (6th Cir. 2017) (Stitt I). A second amended criminal
judgment1 was entered on August 16, 2017, reducing White’s sentence to time served, and
the United States appealed. Subsequently, in United States v. Stitt, 139 S. Ct. 399 (2018)
(Stitt II), the Supreme Court reversed the Sixth Circuit’s decision in Stitt I. On January 21,
2020, the Court of Appeals reversed the grant of relief under § 2255 pursuant to the
Supreme Court’s opinion in Stitt II and remanded with instructions to reinstate White’s

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White filed an initial § 2255 motion raising a claim under United States v. Booker, 543
U.S. 220 (2005). Relief was granted, and he was re-sentenced to a 240-month term of
imprisonment. That first amended criminal judgment was entered on March 25, 2009.

original sentence. White v. United States, No. 17-5967/5969 (6th Cir. Jan. 21, 2020). The
mandate has now issued.
In light of the limited nature of the remand, solely for the purpose of reinstating the
original sentence, no hearing is necessary. A third amended criminal judgment will be
entered in accordance with the order of the Court of Appeals, reinstating White’s prior
sentence of 240 months in the custody of the Bureau of Prisons and a 3-year term of
supervised release.
White has moved to be allowed to self-surrender for service of his sentence at least
90 days after the date it is reinstated. Counsel for White indicates he has consulted with
counsel for the United States, who has no objection to the request. Therefore, White’s
motion is GRANTED.
Defendant White shall 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 90 days after entry of the third amended criminal judgment.
IT IS SO ORDERED.
s/ James D. Todd
JAMES D. TODD
UNITED STATES DISTRICT JUDGE

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