Opinion
No. 5:10-CR-00026 (CAR) No. 5:12-CV-90120 (CAR)
06-17-2013
MYRON MCCRARY, Petitioner, v. UNITED STATES OF AMERICA, Respondent.
ORDER ON RECOMMENDATION
Before the Court is the Recommendation of the United States Magistrate Judge [Doc. 138] to grant Petitioner Myron McCrary's Motions to Vacate, Set Aside, or Correct Sentence Pursuant to 28 U.S.C. § 2255 [Docs. 109 & 133]. No objection was filed, and having considered the Recommendation, the Court agrees with the findings and conclusions of the United States Magistrate Judge. Therefore, the Recommendation of the United States Magistrate Judge [Doc. 138] is hereby ADOPTED and MADE THE ORDER OF THE COURT. Petitioner is entitled to be resentenced in accordance with Fair Sentencing Act of 2010 ("FSA") in light of the Supreme Court's recent decision in Dorsey v. United States, 132 S. Ct. 2321 (2012).
Accordingly, Petitioner's Motions to Vacate, Set Aside, or Correct Sentence Pursuant to 28 U.S.C. § 2255 [Docs. 109 & 133] are GRANTED, and Petitioner's existing sentence is VACATED. The Probation Office is HEREBY DIRECTED to prepare a new Presentence Investigation Report ("PSI") in accordance with the FSA's revised guidelines. Upon receipt of the completed PSI, the Court will promptly set a hearing date for Petitioner to be resentenced by Judge Hugh Lawson, the original sentencing judge. Petitioner shall remain in the custody of the Federal Bureau of Prisons (and/or the United States Marshals Service) pending his resentencing hearing, when the Clerk of Court will writ the Petitioner back to the Middle District of Georgia.
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C. ASHLEY ROYAL, CHIEF JUDGE
UNITED STATES DISTRICT COURT
SSH