Opinion
CIVIL ACTION NO. 3:05-0703, (CRIMINAL NO. 3:04-00090).
September 29, 2010
MEMORANDUM OPINION AND ORDER
This action was referred to the Honorable R. Clarke VanDervort, United States Magistrate Judge, for submission to this Court of proposed findings of fact and recommendation for disposition, pursuant to 28 U.S.C. § 636(b)(1)(B). The movant has filed an objection to the Magistrate Judge's findings and recommendation.
The Court, having reviewed, de novo, the pleadings and movant's objection, ADOPTS the Magistrates Judge's Findings and Recommendation in part. Based on those findings and the stipulation of the parties before the Magistrate Judge, the Court GRANTS Defendant's § 2255 Motion, REOPENS the criminal case, VACATES the sentence imposed, and ORDERS that Defendant be resentenced. The Court SCHEDULES resentencing for December 13, 2010, at 1:30 p.m. in Huntington. Any sentencing memorandum by either party must be filed on or before November 29, 2010.
The Court DIRECTS the Clerk to forward copies of this written opinion and order to all counsel of record, and any unrepresented parties.
ENTER: September 29, 2010