McDonald v. USA
Matthew McDonald |
USA |
1:2017cv00329 |
July 31, 2018 |
US District Court for the District of New Hampshire |
Concord Office |
Steven J. McAuliffe |
Prisoner: Vacate Sentence |
28 U.S.C. ยง 2255 Motion to Vacate / Correct Illegal Sentence |
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Filing 27 ///ORDER re: 22 Motion to Vacate 924 (C) conviction. The jury instructions given with respect to the Section 924(c) counts, while retroactively rendered erroneous by the Davis decision, were nevertheless harmless, given that the conspiracy to rob and the substantive robbery counts (the potential predicates) were factually and pragmatically coextensive. The robbery offenses qualified as crimes of violence predicates, and the jurys verdict on the Section 924(c) counts remain valid. Judgment shall enter in accordance with this order. So Ordered by Judge Steven J. McAuliffe.(lw) |
Filing 21 /// ORDER granting McDonald's petition to vacate and correct his sentence imposed under the ACCA, and staying his motion to vacate his conviction under § 924(c) pending resolution of Rawnsley v. United States, No. 16-2321 (1st Cir. 2016) re: 1 Motion to Vacate Sentence - 2255. A revised judgment reflecting that modification shall issue. So Ordered by Judge Steven J. McAuliffe. (jbw) |
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Petitioner: Matthew McDonald | |
Represented By: | Donald A. Kennedy |
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Respondent: USA | |
Represented By: | Seth R. Aframe |
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