Mann v. United States of America

Filing 9

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

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

No. 1:16-cv-01153-JDB-egb
No. 1:11-cr-10015-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, Marcus Mann, on June 16, 2016 (the “Petition”). (Case Number 16-cv1153, Docket Entry (“D.E.”) 1.) On August 23, 2017, the United States Probation Office issued
a memorandum addressing, among other things, the impact of the recent decision of the Sixth
Circuit Court of Appeals in United States v. Stitt, 860 F.3d 854 (6th Cir. 2017), on this case. The
Court ordered on September 19, 2017, that the Government respond to the Petition in light of
Stitt. (Id., D.E. 7.) The Government submitted its response on September 29, 2017, conceding
that, in light of the decision, the relief sought by Mann may be warranted. (Id., D.E. 8.)
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 1:11-cr-10015-JDB-1.
IT IS SO ORDERED this 20th day of October 2017.
s/ J. DANIEL BREEN
UNITED STATES DISTRICT JUDGE