Opinion
Cause No. 3:99-CV-157 RM.
September 8, 2005
OPINION AND ORDER DEATH PENALTY CASE
The parties, by counsel, filed an agreed motion to alter or amend judgment pursuant to FED. R. CIV. P. 59 in which they correctly note that it was the petitioner's sentence and not his conviction which was vacated by the state court. Due to a scriveners error, this court incorrectly used the word conviction in its order of September 1, 2005 when it should have use the word sentence. Though the court misstated the facts in that order, the parties prior briefing accurately presented the facts to the court. Based on his sentence having been vacated, this court found that it lacked jurisdiction.
For the foregoing reasons, the court:
(1) GRANTS the motion (docket # 173);
(2) AMENDS the order of September 1, 2005 (docket # 172); and
(3) DIRECTS the clerk to issue judgment consistent with that amended order.
SO ORDERED.