Carter v. United States of America

Carter v. United States of America

Petitioner:	Philip Carter
Respondent:	United States of America
Case Number:	2:2016cv02184
Filed:	June 21, 2016
Court:	US District Court for the Central District of Illinois
Office:	Urbana Office
County:	XX US, Outside State
Presiding Judge:	Sue E. Myerscough
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
August 29, 2019	Filing 13 OPINION: Petitioner Philip Carter's Motion to Correct, Set Aside or Vacate Sentence Under 28 U.S.C. § 2255 (Doc. 1 ) and Amended Motion (Doc. 6 ) are GRANTED. Petitioner's conviction and sentence for carrying a firearm during a cri me of violence in violation of 18 U.S.C § 924(c), Count 3 of the Superseding Indictment in Criminal Case 04-cr-20005, shall be VACATED. As vacating Carter's conviction on Count 3 may impact the sentencing guidelines calculation and the appr opriate sentence for Counts 1 and 2, the Court finds that a complete resentencing is appropriate. See United States v. Brazier, No. 16-4258, 2019 WL 3774126, at *4 (7th Cir. Aug. 12, 2019). Accordingly, a resentencing hearing in Criminal Case No. 0 4-cr-20005 is hereby set for October 7, 2019, at 2:30 p.m. Petitioner shall remain in the custody of the Bureau of Prisons while awaiting his resentencing hearing. This Case is CLOSED. SEE WRITTEN OPINION. Entered by Judge Sue E. Myerscough on 08/28/2019. (SKN, ilcd)

Date Filed

Document Text

August 29, 2019

Filing 13 OPINION: Petitioner Philip Carter's Motion to Correct, Set Aside or Vacate Sentence Under 28 U.S.C. § 2255 (Doc. 1 ) and Amended Motion (Doc. 6 ) are GRANTED. Petitioner's conviction and sentence for carrying a firearm during a cri me of violence in violation of 18 U.S.C § 924(c), Count 3 of the Superseding Indictment in Criminal Case 04-cr-20005, shall be VACATED. As vacating Carter's conviction on Count 3 may impact the sentencing guidelines calculation and the appr opriate sentence for Counts 1 and 2, the Court finds that a complete resentencing is appropriate. See United States v. Brazier, No. 16-4258, 2019 WL 3774126, at *4 (7th Cir. Aug. 12, 2019). Accordingly, a resentencing hearing in Criminal Case No. 0 4-cr-20005 is hereby set for October 7, 2019, at 2:30 p.m. Petitioner shall remain in the custody of the Bureau of Prisons while awaiting his resentencing hearing. This Case is CLOSED. SEE WRITTEN OPINION. Entered by Judge Sue E. Myerscough on 08/28/2019. (SKN, ilcd)

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Petitioner: Philip Carter
Represented By:	Thomas W Patton(Designation Public Defender or Community Defender Appointment)
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Respondent: United States of America
Represented By:	Eugene L Miller(Designation Assistant US Attorney)
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