Roberts v. United States of America

Filing 14

ORDER GRANTING MOTION TO VACATE, SET ASIDE, AND CORRECT SENTENCE UNDER 28 U.S.C. § 2255. Signed by Judge J. Daniel Breen on 9/14/17. (Breen, J.)

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

No. 1:16-cv-01156-JDB-egb
1:12-cr-10061-JDB-1

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, Michael Roberts, on June 16, 2016 (the “Petition”). (Case No. 1:16-cv01156-JDB-egb, Docket Entry (“D.E.”) 1.) On July 7, 2017, he moved for resentencing based
on the Sixth Circuit Court of Appeals’ June 27, 2017, ruling in United States v. Stitt, 860 F.3d
854 (6th Cir. 2017). (Id., D.E. 8.) The Government responded on August 23, 2017, conceding
that, in light of the decision, the relief sought by Roberts was warranted. (Id., D.E. 13.) 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 No. 1:12-cr-10061-JDB-1.
IT IS SO ORDERED this 14th day of September 2017.
s/ J. DANIEL BREEN
UNITED STATES DISTRICT JUDGE