Opinion
CR. NO. 0:10-372 (CMC)
07-17-2012
United States of America, v. Demetrias Antwan Price, Defendant.
OPINION and ORDER
This matter is before the court on Defendant's pro se motion for relief pursuant to 28 U.S.C. § 2255. On July 2, 2012, the Government filed a response to Defendant's motion indicating that in light of the United States Supreme Court's decision in Dorsey v. United States, 567 U.S. __, 132 S. Ct. 2321 (2012), it did not oppose Defendant's motion for relief. ECF No. 77.
The court grants the motion for relief under 28 U.S.C. § 2255. The Judgment Order in CR 3:10-372 filed November 18, 2010, is hereby vacated, and this matter is set for resentencing on Thursday, September 6, 2012, at 10:00 a.m. The Federal Public Defender is appointed to represent Defendant for purposes of resentencing.
IT IS SO ORDERED.
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CAMERON McGOWAN CURRIE
UNITED STATES DISTRICT JUDGE
Columbia, South Carolina
July 17, 2012