Opinion
CR. NO. 3:06-60 (CMC).
August 13, 2010
OPINION and ORDER
This matter is before the court on Petitioner's pro se motion for relief pursuant to 28 U.S.C. § 2255. On July 6, 2010, the Government moved to dismiss the motion. Dkt. # 930 (filed July 6, 2010). On August 12, 2010, the Government moved to withdraw the motion and indicated that it did not oppose Defendant's motion for relief. Dkt. # 947 (filed Aug. 12, 2010).
The court grants the motion for relief under 28 U.S.C. § 2255. The Judgment Order in CR 3:06-60 December 18, 2006, is hereby vacated, and this matter is set for resentencing on Thursday, September 23, 2010, at 2:00 p.m. The Federal Public Defender is appointed to represent Defendant for purposes of resentencing.
IT IS SO ORDERED.