Kemmerling v. United States of America

Filing 11

ORDER GRANTING 7 MOTION TO VACATE, SET ASIDE, OR CORRECT SENTENCE UNDER 28 U.S.C. § 2255. Signed by Judge J. Daniel Breen on 10/20/17. (cdi)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
EASTERN DIVISION
JOSEPH KEMMERLING,
Petitioner,
v.

No. 1:16-cv-01151-JDB-egb
No. 1: 14-cr-10040-JDB-1

UNITED STATES OF AMERICA,
Respondent.
____________________________________________________________________________
ORDER GRANTING MOTION TO VACATE, SET ASIDE, OR CORRECT SENTENCE
UNDER 28 U.S.C. § 2255
____________________________________________________________________________
A motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. § 2255 was
filed by the Petitioner, Joseph Kemmerling, on June 16, 2016 (the “Petition”). (Case Number
16-cv-1151, Docket Entry (“D.E.”) 1.) On June 30, 2017, Kemmerling filed an emergency
motion requesting an immediate ruling for relief under Section 2255 pursuant to the recent
decision of the Sixth Circuit Court of Appeals in United States v. Stitt, 860 F.3d 854 (6th Cir.
2017). (Id., D.E. 7.) The United States Probation Office issued a memorandum addressing Stitt
on July 27, 2017. The Court ordered on October 3, 2017, that the Government respond to the
Petition in light of Stitt. (Id., D.E. 8.) The Government submitted its response on October 16,
2017, conceding that, in light of the Sixth Circuit’s ruling, the relief sought by Kemmerling may
be warranted. (Id., D.E. 9.)
For good cause shown, the Petition is GRANTED. Further, the Clerk is DIRECTED to
enter an order of production and set a resentencing hearing in case number 1:14-cr-10040-JDB-1.

IT IS SO ORDERED this 20th day of October 2017.
s/ J. DANIEL BREEN
UNITED STATES DISTRICT JUDGE

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