Opinion
CRIMINAL ACTION 04-192-02
06-07-2024
UNITED STATES OF AMERICA v. ERIC HUMBERT
ORDER
R. BARCLAY SURRICK, J.
AND NOW, this 7th day of June, 2024, upon consideration of Defendant's Post-Sentencing Motion in Accordance with Sentencing Statute 18 U.S.C. § 3661 and 18 U.S.C. § 3553(a) Support of Motion for Resentencing Pursuant to Johnson Claim (ECF No. 171), Defendant's Motion to Vacate/Set Aside/Correct Sentence (2255) under 28 U.S.C. 2255 (ECF No. 178), and all documents submitted in support thereof and in opposition thereto, it is ORDERED as follows:
1. Defendant's Motions are GRANTED in part and DENIED in part.
2. The Court VACATES Defendant's conviction and sentence on Count Four.
3. No certificate of appealability shall issue under 28 U.S.C. § 2253(c).
IT IS SO ORDERED.