Buie v. United States of America
David Arthur Buie |
United States of America |
1:2015cv03945 |
April 28, 2015 |
US District Court for the Southern District of New York |
Foley Square Office |
XX Out of State |
J. Paul Oetken |
Motions to Vacate Sentence |
28 U.S.C. ยง 2255 |
None |
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Filing 22 OPINION AND ORDER: For the foregoing reasons, Defendant David Arthur Buie's motion for compassionate release pursuant to 18 U.S.C. § 3582(c)(1) is granted. Buie is hereby sentenced to time served. Buie's petition for relief on other grounds under 28 U.S.C. § 2255 is denied as moot. SO ORDERED. (Signed by Judge J. Paul Oetken on 12/21/2020) (jca) |
Filing 15 OPINION AND ORDER. For the foregoing reasons, it is hereby ORDERED: 1. Buie's Petition to Vacate, Set Aside, or Correct Sentence is GRANTED. 2. Buie's sentence of fifteen years imprisonment, imposed pursuant to the Armed Career Criminal Act , 18 U.S.C. § 924(e), is VACATED. 3. Buie is hereby resentenced to a term of ten years' imprisonment, which he has already served. 4. Buie shall be released from the custody of the Bureau of Prisons forthwith. 5. All other aspects of Buie 039;s original sentence, imposed on December 12, 2006, remain in effect, including the term of three years' supervised release, which shall begin upon his release and shall include the conditions set forth in his original sentence. 6. Buie shall report to the nearest Probation Office within 30 days of his release. 7. The Bureau of Prisons is ordered to allow Buie immediate telephone access in order to contact his counsel. SO ORDERED. (Signed by Judge J. Paul Oetken on 9/8/2017) (rjm) |
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