Crutchfield v. United States of America

Filing 9

ORDER GRANTING MOTION TO VACATE, SET ASIDE, AND CORRECT SENTENCE UNDER 28 U.S.C. § 2255. Signed by Judge J. Daniel Breen on 9/25/17. (mbm)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
EASTERN DIVISION
DALTON ERIC CRUTCHFIELD,
Petitioner,
v.

No. 1:16-cv-01167-JDB-egb
No. 1:11-cr-10010-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, Dalton Eric Crutchfield, on June 17, 2016 (“Petition”).1 (Case Number
(“No.”) 1:16-cv-01167-JDB-egb, Docket Entry (“D.E.”) 1.) On September 1, 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. On September 14, 2017, the Court directed the Government to respond
to the Petition in light of Stitt. (Id., D.E. 7.) The Government responded the following day,
conceding that, in light of the decision, the relief sought by Crutchfield was warranted. (Id., D.E.
8.) For good cause shown, the Petition is GRANTED. Further, the Clerk is DIRECTED to enter
an order of production of the Petition and set a resentencing hearing.

1

This filing was made by the Assistant Federal Defender on Petitioner's behalf. A second
petition was filed by Crutchfield pro se on June 27, 2016. (D.E. 5.)
1

IT IS SO ORDERED this 25th day of September 2017.
s/ J. DANIEL BREEN
UNITED STATES DISTRICT JUDGE

2