Bailey v. United States of America

Filing 25

ORDER REINSTATING DEFENDANT'S ORIGINAL SENTENCE. Signed by Judge J. Daniel Breen on 4/24/2020. (mbm)

Case 1:16-cv-01173-JDB-egb Document 25 Filed 04/24/20 Page 1 of 2

PageID 161

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
EASTERN DIVISION
UNITED STATES OF AMERICA,
Plaintiff/Respondent,
v.

Crim. No. 1:13-cr-10061-JDB-1
Civ. No. 1:16-cv-01173-JDB-egb

WILLIE BAILEY,
Defendant/Petitioner.
______________________________________________________________________________
ORDER REINSTATING DEFENDANT’S ORIGINAL SENTENCE
______________________________________________________________________________
In an order entered September 12, 2018, this Court granted relief to Willie Bailey pursuant
to 28 U.S.C. § 2255 based on the decision rendered by the Sixth Circuit Court of Appels in United
States v. Stitt, 860 F.3d 854 (6th Cir. 2017) (Stitt I). (Civ. No. 1:16-cv-01173-JDB-egb, Docket
Entry (“D.E.”) 19.) On October 24, 2018, an amended criminal judgment was entered, reducing
Defendant’s sentence from 180 months’ imprisonment to 80 months. (Crim. No. 1:13-cr-10061JDB-1, D.E. 59.) The United States appealed. (Id., D.E. 61.) Subsequently, in United States v.
Stitt, 139 S. Ct. 399 (2018) (Stitt II), the United States Supreme Court reversed the Sixth Circuit’s
decision in Stitt I. On February 26, 2020, the Court of Appeals reversed the grant of relief under
§ 2255 in light of Stitt II and remanded this case with instructions to reinstate Bailey’s original
sentence. United States v. Bailey, Nos. 18-6131/18-6147 (6th Cir. Feb. 26, 2020). The mandates
issued on March 19, 2020, and April 20, 2020, respectively. (Crim. No. 1:13-cr-10061-JDB-1,
D.E. 84, 85.)
Because of the limited nature of the remand, solely for the purpose of reinstating the
original sentence, no hearing is necessary. In accordance with the Court of Appeals’ order, the

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Clerk of Court is DIRECTED to enter a second amended criminal judgment reinstating
Defendant’s original sentence of 180 months in the custody of the Bureau of Prisons and a 3-year
term of supervised release.
IT IS SO ORDERED this 24th day of April 2020.
s/ J. DANIEL BREEN
UNITED STATES DISTRICT JUDGE

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