Olson v. Watson

Olson v. Watson

Petitioner:	Michael Troy Olson
Respondent:	T J Watson
Case Number:	1:2017cv01540
Filed:	November 29, 2017
Court:	US District Court for the Central District of Illinois
Office:	Peoria Office
County:	XX US, Outside State
Presiding Judge:	James E. Shadid
Nature of Suit:	General
Cause of Action:	28 U.S.C. § 2241
Jury Demanded By:	None

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Date Filed	Document Text
November 8, 2019	Filing 53 ORDER AND OPINION Entered by Judge James E. Shadid on 11/8/19 granting 29 Petition for Writ of Habeas Corpus (2241 & 2254): Accordingly, it is ORDERED:1) Petitioner's Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 (D oc. 1, refiled as Doc. 29) is GRANTED; 2) Petitioner's Motion to Amend 24 is MOOT in light of supplemental briefing; 3) Petitioner's sentence imposed by the United States District Court for the District of Minnesota in Case No. 04-C R-00398 is VACATED pending resentencing in the United States District Court for the District of Minnesota without the 18 U.S.C. § 924(e) enhancement; 4) As Petitioner's new sentence may not exceed 10 years, the Bureau of Prisons is ORD ERED to recalculate Petitioner's sentence as 120 months' imprisonment and, if the recalculation confirms that Petitioner has served a sentence of 120 months' imprisonment or longer, Respondent shall release him without delay fro m custody pursuant to the terms and conditions of his ordered supervised release imposed by the United States District Court for the District of Minnesota in Case No. 04-CR-00398; 5) The Clerk is DIRECTED to enter final judgment in favor of Petitioner; and 6) The Clerk is DIRECTED to send copies of this Order to the United States District Court for the District of Minnesota and the Clerk thereof for filing in Case No. 04-CR-00398. 7) This matter is now CLOSED. (TK, ilcd)

Date Filed

Document Text

November 8, 2019

Filing 53 ORDER AND OPINION Entered by Judge James E. Shadid on 11/8/19 granting 29 Petition for Writ of Habeas Corpus (2241 & 2254): Accordingly, it is ORDERED:1) Petitioner's Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 (D oc. 1, refiled as Doc. 29) is GRANTED; 2) Petitioner's Motion to Amend 24 is MOOT in light of supplemental briefing; 3) Petitioner's sentence imposed by the United States District Court for the District of Minnesota in Case No. 04-C R-00398 is VACATED pending resentencing in the United States District Court for the District of Minnesota without the 18 U.S.C. § 924(e) enhancement; 4) As Petitioner's new sentence may not exceed 10 years, the Bureau of Prisons is ORD ERED to recalculate Petitioner's sentence as 120 months' imprisonment and, if the recalculation confirms that Petitioner has served a sentence of 120 months' imprisonment or longer, Respondent shall release him without delay fro m custody pursuant to the terms and conditions of his ordered supervised release imposed by the United States District Court for the District of Minnesota in Case No. 04-CR-00398; 5) The Clerk is DIRECTED to enter final judgment in favor of Petitioner; and 6) The Clerk is DIRECTED to send copies of this Order to the United States District Court for the District of Minnesota and the Clerk thereof for filing in Case No. 04-CR-00398. 7) This matter is now CLOSED. (TK, ilcd)

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Petitioner: Michael Troy Olson
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Respondent: T J Watson
Represented By:	Segev Phillips(Designation Assistant US Attorney)
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