Opinion
20 CV 630 (VB)
09-16-2021
KEVIN WILTSHIRE, Petitioner, v. UNITED STATES OF AMERICA, Respondent.
ORDER
Vincent L. Briccetti, United States .District Judge.
On September 1, 2021, petitioner Kevin Wiltshire was resentenced on Counts One and Four in the underlying criminal case (S2 14 CR 768-8 (VB) (the "S2 indictment")) related to the instant motion to vacate, set aside or correct sentence pursuant to 28 U.S.C. § 2255. At resentencing, the government did not oppose Wiltshire's Section 2255 motion to vacate his conviction on Count Two of the S2 indictment, and, as a result, Wiltshire's conviction on Count Two was vacated. An Amended Judgment was entered in the criminal case on September 2, 2021. (Doc. #575 in S2 14 CR 768-8).
Accordingly, the instant Section 2255 motion has been resolved in Wiltshire's favor, and the Section 2255 motion is now moot.
The Clerk is instructed to close this case.
SO ORDERED: