Pham v. United States of America

Filing 6

ORDER by Judge Robert S. Lasnik Granting Motion to Vacate, Set Aside or Correct Sentence (2255). The Court will contact the parties to schedule resentencing. (AD)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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SON PHAM,
Petitioner,

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No. C16-974RSL
v.
UNITED STATES OF AMERICA,
Respondent.

This matter comes before the Court on petitioner’s “Motion Under 28 U.S.C. § 2255 to
Vacate, Set Aside, or Correct a Sentence by a Person in Federal Custody.” Dkt. # 1. In March
2014, petitioner was sentenced to 72 months’ imprisonment for violating 18 U.S.C. § 924(c).
This sentence was based on the conclusion that petitioner’s other conviction (under 18 U.S.C.
§ 894(a)(1)) was for a “crime of violence.” Petitioner now seeks resentencing in light of the
Supreme Court’s recent decisions in Johnson v. United States, __ U.S. __, 135 S. Ct. 2551
(2015), and Welch v. United States, 136 S. Ct. 1257 (2016). The United States does not oppose
petitioner’s motion. Dkt. # 5.
Accordingly, petitioner’s motion to vacate, set aside, or correct his sentence is
GRANTED. The Court will contact the parties to schedule resentencing.

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ORDER GRANTING MOTION
TO VACATE, SET ASIDE, OR
CORRECT A SENTENCE BY A
PERSON IN FEDERAL CUSTODY

ORDER GRANTING MOTION TO
VACATE, SET ASIDE, OR CORRECT
A SENTENCE BY A PERSON IN
FEDERAL CUSTODY - 1

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DATED this 8th day of September, 2016.

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A

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Robert S. Lasnik
United States District Judge

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ORDER GRANTING MOTION TO
VACATE, SET ASIDE, OR CORRECT
A SENTENCE BY A PERSON IN
FEDERAL CUSTODY - 2