Barrett v. UNITED STATES OF AMERICA

Filing 13

MEMORANDUM ADOPTING REPORT AND RECOMMENDATIONS for 11 Report and Recommendations. ORDERED that Movant Theodis Barrett's motion to vacate or correct sentence is GRANTED to the extent that the sentence imposed in United States v. Barrett, Criminal Action No. 6:06cr82, is VACATED and the Movant shall be re-sentenced. It is further ORDERED that any and all motions which may be pending in this case are DENIED. Signed by Judge Robert W. Schroeder, III on 6/14/17. (mjc, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
THEODIS LYNN BARRETT

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v.

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UNITED STATES OF AMERICA

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CIVIL ACTION NO. 6:16cv1104
Crim. No. 6:06cr82(1)

MEMORANDUM ADOPTING REPORT AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
AND ENTERING FINAL JUDGMENT
The Movant Theodis Lynn Barrett, proceeding pro se, filed this motion to vacate or correct
his sentence under 28 U.S.C. §2255, complaining of the validity of his conviction. This Court
ordered that the matter be referred to United States Magistrate Judge John D. Love pursuant to
28 U.S.C. § 636(b)(1) and (3) and the Amended Order for the Adoption of Local Rules for the
Assignment of Duties to United States Magistrate Judges.
The Government answered the petition and acknowledged that Barrett was entitled to relief
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pursuant to Johnson v. United States, 135 S.Ct. 2551 (2015). The Magistrate Judge issued a Report
recommending that Barrett’s motion to vacate or correct his sentence be granted and that Barrett be
re-sentenced. No objections have been filed. It is accordingly
ORDERED that the Movant Theodis Barrett’s motion to vacate or correct sentence is
GRANTED to the extent that the sentence imposed in United States v. Barrett, Criminal Action No.
6:06cr82, is VACATED and the Movant shall be re-sentenced. It is further
ORDERED that any and all motions which may be pending in this civil action are hereby
DENIED.
SIGNED this 14th day of June, 2017.

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ROBERT W. SCHROEDER III
UNITED STATES DISTRICT JUDGE