Opinion
No.: 3:12-CR-75-TAV-HBG No.: 3:15-CV-182-TAV
04-12-2018
DOUGLAS ROBINSON, Petitioner, v. UNITED STATES OF AMERICA, Respondent.
MEMORANDUM OPINION AND ORDER
The Petitioner, Douglas Robinson ("Robinson"), was convicted of being a felon in possession of firearms and ammunition, and the Court sentenced him to 130 months in prison, pursuant to the Armed Career Criminal Act [Doc. 31]. The Sixth Circuit Court of Appeals affirmed the judgment [Doc. 37].
All citations to the record are found on the docket of Case No. 3:12-CR-75-TAV-HBG. --------
The Petitioner filed a timely motion under 28 U.S.C. § 2255, contesting the application of the Armed Career Criminal Act to his sentencing [Doc. 41]. The United States filed a response [Doc. 43]. The Petitioner filed a reply [Doc. 47], arguing that he should be resentenced in light of Johnson v. United States, 135 S. Ct. 2551 (2015).
The Government then filed another response [Doc. 51], in which the Government agreed that in light of the Johnson decision, the Petitioner's § 2255 motion should be granted, and the Petitioner should be resentenced. Finally, the Petitioner filed another reply [Doc. 53], noting that the Government had asked the Court to impose a new sentence within the statutory range. The Petitioner urges the Court to impose a sentence at the low end of his guidelines range.
The Court finds that the Petitioner's motion [Doc. 41] is well-taken, and it is not opposed by the Government. Accordingly, the Court hereby GRANTS the motion [Doc. 41].
Because the parties are not in agreement on a proposed sentence, the Court will hold a resentencing hearing in this matter on Wednesday , May 30, 2018, at 2:00 p.m . Should the Petitioner intend to waive his right to be present at the resentencing hearing, he shall inform the Court of that intention within fourteen (14) days of the entry of this order.
It is further ORDERED that the Bureau of Prisons relinquish custody of the Petitioner, Douglas Robinson, BOP Reg. No. 45089-074, to the United States Marshals Service, and that the United States Marshal, or his authorized deputy, shall transport the Petitioner to this district on or before May 16, 2018, in order for him to meet with his attorney and prepare for the resentencing hearing.
Sentencing memoranda, if any, must be filed no later than May 23 , 2018 .
IT IS SO ORDERED.
s/ Thomas A. Varlan
CHIEF UNITED STATES DISTRICT JUDGE