Brisco v. USA

Filing 12

MEMORANDUM ORDER ADOPTING THE UNITED STATES MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION for 10 Report and Recommendations. ORDERED that Movant's Motion to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody (Dkt. #1) pursuant to 28 U.S.C. § 2255 is GRANTED to the extent that the sentence imposed in Criminal Action Number 4:96-CR-10(1) is VACATED, and Movant shall be resentenced. All motions by either party not previously ruled upon are DENIED. Signed by Judge Marcia A. Crone on 2/14/2017. (daj, )

UNITED STATES DISTRICT COURT

NELSON GLEN BRISCOE, #05278-078
versus
UNITED STATES OF AMERICA

EASTERN DISTRICT OF TEXAS

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CIVIL ACTION NO. 4:16-CV-123
CRIMINAL ACTION NO. 4:96-CR-10(1)

MEMORANDUM ORDER ADOPTING THE
UNITED STATES MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
The above-entitled and numbered civil action was referred to United States Magistrate
Judge Kimberly C. Priest Johnson, who issued a Report and Recommendation concluding that
Movant should be resentenced according to Johnson v. United States, — U.S. —, 135 S. Ct. 2551
(2015). The Report and Recommendation, which contains proposed findings of fact and
recommendations for the disposition of such action, has been presented for consideration, and no
objections having been timely filed, the Court concludes that the findings and conclusions of the
Magistrate Judge are correct, and adopts same as the findings and conclusions of the Court.
It is accordingly ORDERED that Movant’s Motion to Vacate, Set Aside, or Correct
Sentence by a Person in Federal Custody (Dkt. #1) pursuant to 28 U.S.C. § 2255 is GRANTED
to the extent that the sentence imposed in Criminal Action Number 4:96-CR-10(1) is VACATED,
and Movant shall be resentenced. All motions by either party not previously ruled upon are
DENIED.
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SIGNED at Beaumont, Texas, this 7th day of September, 2004.
SIGNED at Beaumont, Texas, this 14th day of February, 2017.

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MARCIA A. CRONE
UNITED STATES DISTRICT JUDGE