Evans v. USA

Filing 20

ORDER OF DISMISSAL adopting 19 Report and Recommendations granting 17 Motion to Vacate. Signed by District Judge Marcia A. Crone on 4/26/2021. (rpc, )

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF TEXAS

COREY EVANS, #18875-078

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versus
UNITED STATES OF AMERICA

CIVIL ACTION NO. 4:20-CV-492
CRIMINAL ACTION NO. 4:14-CR-97(1)

ORDER OF DISMISSAL
The above-entitled and numbered civil action was referred to United States Magistrate
Judge Kimberly C. Priest Johnson, who issued a Report and Recommendation (#19) concluding
that the Motion to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody filed
pursuant to 28 U.S.C. § 2255 should be granted pursuant to the parties’ Agreed Resolution and
Joint Motion for Disposition of Motion to Vacate Sentence (#17). The parties waived the
fourteen-day period for filing objections.
The Court concludes that the findings and conclusions of the Magistrate Judge are correct,
and adopts the 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
(#1) pursuant to 28 U.S.C. § 2255 and the Agreed Resolution and Joint Motion (#17) is
GRANTED. It is further ORDERED that the fifteen-year sentence imposed in Criminal Number
4:14-CR-97(1) is VACATED, and the case is REMANDED for resentencing to a term of ten
years. All other remaining parts of Movant’s sentence remain unchanged. All motions by either
party not previously ruled upon are DENIED.
SIGNED at Beaumont, Texas, this 26th day of April, 2021.

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MARCIA A. CRONE
UNITED STATES DISTRICT JUDGE