Wilkins v. USA

Wilkins v. USA

Petitioner:	James Anthony Wilkins, Jr.
Respondent:	USA
Case Number:	1:2017cv00093
Filed:	May 30, 2017
Court:	US District Court for the Eastern District of Missouri
Office:	Cape Girardeau Office
County:	Cape Girardeau
Presiding Judge:	Stephen N. Limbaugh
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
November 2, 2018	Filing 15 MEMORANDUM AND ORDER re: 1 MOTION to Vacate, Set Aside or Correct Sentence filed by Petitioner James Anthony Wilkins, Jr., 12 MOTION to Compel filed by Petitioner James Anthony Wilkins, Jr. This matter is before the Court on a motion under 28 U.S.C. § 2255 to vacate, set aside or correct sentence by James Anthony Wilkins, a person in federal custody. On March 29, 2016, Wilkins pled guilty to the offense of Felon in Possession of a Firearm and, on June 16, 2016, this Court sentenced Wilkins to the Bureau of Prisons for a term of 57 months, a sentence within the sentencing guideline range. The Government has now conceded that the plea and sentence should be vacated and that the case should proceed anew. Specifically, the Governme nt agrees that defendant was not apprised of all the possible consequences of the plea agreement and sentence in that he was eventually acquitted of a pending assault charge in Mississippi that was used to enhance his sentencing guideline levels in t his case. As a result, the plea was not knowingly and voluntarily entered.Accordingly, the plea and sentence are vacated, and defendant shall be remanded to the custody of U. S. Marshal's Services for further proceedings before this Court. Signed by District Judge Stephen N. Limbaugh, Jr on 11/2/18. (CSG)

Date Filed

Document Text

November 2, 2018

Filing 15 MEMORANDUM AND ORDER re: 1 MOTION to Vacate, Set Aside or Correct Sentence filed by Petitioner James Anthony Wilkins, Jr., 12 MOTION to Compel filed by Petitioner James Anthony Wilkins, Jr. This matter is before the Court on a motion under 28 U.S.C. § 2255 to vacate, set aside or correct sentence by James Anthony Wilkins, a person in federal custody. On March 29, 2016, Wilkins pled guilty to the offense of Felon in Possession of a Firearm and, on June 16, 2016, this Court sentenced Wilkins to the Bureau of Prisons for a term of 57 months, a sentence within the sentencing guideline range. The Government has now conceded that the plea and sentence should be vacated and that the case should proceed anew. Specifically, the Governme nt agrees that defendant was not apprised of all the possible consequences of the plea agreement and sentence in that he was eventually acquitted of a pending assault charge in Mississippi that was used to enhance his sentencing guideline levels in t his case. As a result, the plea was not knowingly and voluntarily entered.Accordingly, the plea and sentence are vacated, and defendant shall be remanded to the custody of U. S. Marshal's Services for further proceedings before this Court. Signed by District Judge Stephen N. Limbaugh, Jr on 11/2/18. (CSG)

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Respondent: USA
Represented By:	Keith D. Sorrell(Designation Assistant US Attorney)
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Petitioner: James Anthony Wilkins, Jr.
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