Webster v. United States of America (INMATE 3)

Justia Dockets & Filings Eleventh Circuit Alabama Middle District Webster v. United States of America (INMATE 3)

Webster v. United States of America (INMATE 3)

Plaintiff:	Paul Eugene Webster
Defendant:	United States of America
Case Number:	3:2016cv00465
Filed:	June 21, 2016
Court:	US District Court for the Middle District of Alabama
Office:	Opelika Office
County:	XX US, Outside State
Presiding Judge:	Charles S. Coody
Presiding Judge:	William Keith Watkins
Nature of Suit:	Motions to Vacate Sentence
Cause of Action:	28 U.S.C. § 2255
Jury Demanded By:	None

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Date Filed	Document Text
September 17, 2019	Filing 21 ORDER directing as follows: (1) the 20 Report and Recommendation of the Magistrate Judge is GRANTED; (2) Webster's 28 USC 2255 Motion to Vacate, Set Aside or Correct Sentence is GRANTED; (3) The sentence, entered in United States v. Web ster, No. 3:06-CR-266-WKW (M.D. Ala. June 20, 2007), is VACATED, and a resentencing date will be set by separate order. Webster shall remain in custody pending resentencing; (4) On or before 9/23/19, Defendant and the Government, after consultation with the United States Probation Office, are DIRECTED to file a Notice that includes: (a) whether, without the ACCA enhancement, Defendant has served the statutory maximum term of imprisonment on his conviction for being a felon in possession of a f irearm; (b) if so, how the parties want the court to proceed with resentencing, with due regard to modification of the judgment's supervised release term; and (c) whether Defendant, who is incarcerated in South Carolina, intends to waive his presence at a resentencing hearing, see Fed. R. Crim. P. 43(c)(1)(B); (5) The Clerk of the Court is DIRECTED to file this Order in United States v. Webster, No. 3:06-CR-266-WKW (M.D. Ala. June 20, 2007); (6) The Clerk of the Court is DIRECTED to furnish copies of this Order to counsel, to the United States Probation Office, and to the United States Marshal;A final judgment in this action will be entered separately. Signed by Honorable Judge William Keith Watkins on 9/17/19. (djy, )

Date Filed

Document Text

September 17, 2019

Filing 21 ORDER directing as follows: (1) the 20 Report and Recommendation of the Magistrate Judge is GRANTED; (2) Webster's 28 USC 2255 Motion to Vacate, Set Aside or Correct Sentence is GRANTED; (3) The sentence, entered in United States v. Web ster, No. 3:06-CR-266-WKW (M.D. Ala. June 20, 2007), is VACATED, and a resentencing date will be set by separate order. Webster shall remain in custody pending resentencing; (4) On or before 9/23/19, Defendant and the Government, after consultation with the United States Probation Office, are DIRECTED to file a Notice that includes: (a) whether, without the ACCA enhancement, Defendant has served the statutory maximum term of imprisonment on his conviction for being a felon in possession of a f irearm; (b) if so, how the parties want the court to proceed with resentencing, with due regard to modification of the judgment's supervised release term; and (c) whether Defendant, who is incarcerated in South Carolina, intends to waive his presence at a resentencing hearing, see Fed. R. Crim. P. 43(c)(1)(B); (5) The Clerk of the Court is DIRECTED to file this Order in United States v. Webster, No. 3:06-CR-266-WKW (M.D. Ala. June 20, 2007); (6) The Clerk of the Court is DIRECTED to furnish copies of this Order to counsel, to the United States Probation Office, and to the United States Marshal;A final judgment in this action will be entered separately. Signed by Honorable Judge William Keith Watkins on 9/17/19. (djy, )

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Plaintiff: Paul Eugene Webster
Represented By:	Christine Ann Freeman
Represented By:	Patricia Vanessa Kemp
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Defendant: United States of America
Represented By:	Tommie Brown Hardwick
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