Miller v. United States of America

Filing 278

MEMORANDUM OPINION AND ORDER; upon hearing held 11/7/2019; upon hearing held 11/7/2019; granting 200 MOTION to Vacate, Set Aside or Correct Sentence (2255) by Antoine Deshawn Miller; directing that defendant be released from custody immediately. Signed by Judge David A. Faber on 11/7/2019. (cc: attys) (tmr)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
AT CHARLESTON
ANTOINE DESHAWN MILLER,
Plaintiff,
v.

CIVIL ACTION NO. 2:16-05829
(Criminal No. 2:04-00096)

UNITED STATES OF AMERICA,
Defendant.
MEMORANDUM OPINION AND ORDER
On July 24, 2019, the court received the Proposed
Findings and Recommendation (PF&R) of United States Magistrate
Judge Omar J. Aboulhosn wherein it is recommended that this case
be reinstated to the court’s active docket, Miller’s Motion to
Vacate, Set Aside or Correct Sentence be granted and that his
sentence be vacated for the reasons set forth therein.

The

magistrate judge further recommends that the district court “may
then discharge Movant, resentence him, or correct his sentence as
may appear appropriate.”
A hearing on this matter was held on November 7, 2019.
Present at the hearing were defendant, in person and by counsel,
Lex A. Coleman, Assistant Federal Public Defender, and Assistant
United States Attorney Steven I. Loew.

Michele Wentz appeared on

behalf of the United States Probation Office.
At the conclusion of that hearing and for reasons placed
on the record at that time, the court imposed a sentence of time

served and ordered his immediate release from custody.

The court

will enter a Memorandum Opinion and Order at a later time
expressing its reasons for doing so.
The Clerk is directed to send copies of this Order to
counsel of record, the United States Marshal, and the United
States Probation Office.
IT IS SO ORDERED this 7th day of November, 2019.
ENTER:

David A. Faber
Senior United States District Judge

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