Opinion
No. CR-08-0884 MMC
10-18-2011
ORDER APPROVING STIPULATION REGARDING SENTENCE REDUCTION
AND DISMISSAL OF DEFENDANT'S MOTION TO VACATE SENTENCE;
VACATING NOVEMBER 15, 2011 EVIDENTIARY HEARING
Before the Court is the parties' "Stipulation Regarding Sentence Reduction Under U.S.S.G. § 1B1.10(b)(1) (As Amended by Amendment 750, Parts A & C) and Dismissal of Motion Under 28 U.S.C. § 2255," filed October 13, 2011.
Good cause appearing, the stipulation is hereby APPROVED.
Accordingly, and as set forth in the stipulation,
1. An amended judgment will be entered on November 1, 2011, in accordance with the parties' stipulation;
2. Defendant's motion to vacate his sentence pursuant to 28 U.S.C. § 2255 is DISMISSED with prejudice; and
3. The November 15, 2011 evidentiary hearing is VACATED.
IT IS SO ORDERED.
MAXINE M. CHESNEY
United States District Judge