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)

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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

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