McMahon v. United States of America

Filing 11

ORDER GRANTING MOTION TO VACATE, SET ASIDE, AND CORRECT SENTENCE UNDER 28 U.S.C. § 2255. Signed by Judge J. Daniel Breen on 9/13/17. (Breen, J.)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
EASTERN DIVISION
WILLIAM ANTHONY MCMAHON,
Petitioner,
v.

No. 1:16-cv-01152-JDB-egb

UNITED STATES OF AMERICA,
Respondent.
____________________________________________________________________________
ORDER GRANTING MOTION TO VACATE, SET ASIDE, AND CORRECT SENTENCE
UNDER 28 U.S.C. § 2255
____________________________________________________________________________
A motion to vacate, set aside, and correct sentence pursuant to 28 U.S.C. § 2255 was
filed by the Petitioner, William Anthony McMahon, on June 16, 2016 (the “Petition”). (Docket
Entry (“D.E.”) 1.) On June 30, 2017, he filed an emergency motion requesting an immediate
ruling on the Petition based on the Sixth Circuit Court of Appeals’ June 27, 2017, ruling in
United States v. Stitt, 860 F.3d 854 (6th Cir. 2017). (D.E. 6.) The Government responded on
August 4, 2017, conceding that, in light of the decision, the relief requested by McMahon in the
Petition was warranted. (D.E. 8.) For good cause shown, the Petition is GRANTED.
IT IS SO ORDERED this 13th day of September 2017.
s/ J. DANIEL BREEN
UNITED STATES DISTRICT JUDGE