Kirkpatrick v. USA
| Michael Joseph Kirkpatrick |
| USA |
| 1:2020cv00333 |
| December 2, 2020 |
| US District Court for the Eastern District of Tennessee |
| Travis R McDonough |
| Christopher H Steger |
| Prisoner: Vacate Sentence |
| 28 U.S.C. ยง 2255 |
| None |
Docket Report
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| Document Text |
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Filing 6
ORDER granting #5 Motion for Reconsideration. The Court agrees that a correct sentence is one within the agreed guidelines range andhereby AMENDS its previous order to reflect a reduced sentence of 135 months imprisonment.A sentence at the bottom of the guidelines range is consistent with the 3553(a) factors for thesame reasons that the Court initially imposed a bottom-of-the-guidelines sentence. Additionally, the Court CLARIFIES that the five-year term of supervised release on Count 5 is VACATED.His term of supervised release is AMENDED to three years, which reflects the term initiallyimposed on the remaining, non-vacated counts of conviction.AN AMENDED JUDGMENT SHALL ENTER. Signed by District Judge Travis R McDonough on 1/6/2021. (DJH)
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| Filing 5 MOTION for Reconsideration re #4 Memorandum & Opinion,,, and/or for clarification by Michael Joseph Kirkpatrick. (Rust, Erin) |
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Filing 4
MEMORANDUM AND OPINION. The Court will ORDER that Petitioners sentence be CORRECTED to a term of time served. For the reasons stated herein: Petitioners expedited motion to vacate, set aside, or correct his sentence pursuant to28 U.S.C. 2255 (Doc. 169 in Case No. 1:96-cr-81; Doc. 7 in Case No. 1:20-cv-169; Doc. 1 in Case No. 1:20-cv-333) is GRANTED; Petitioners conviction and sentence on Count Five of the Superseding Indictment for using and carrying a firearm in relation to a crime of violence, in violation of 18 U.S.C. 924(c) is VACATED; Petitioners overall sentence is CORRECTED and REDUCED to a term of time served; The judgment dated April 29, 1997 (Doc. 90 in Case No. 1:96-cr-81) will be AMENDED to reflect this reduced sentence. Signed by District Judge Travis R McDonough on 12/14/2020. (BDG)
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| Filing 3 RESPONSE to 2255 re #1 Motion to Vacate/Set Aside/Correct Sentence (2255) filed by USA. (Attachments: #1 Exhibit Sentence Computation Data)(Breneman, Debra) |
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Filing 2
ORDER:Before the Court is Petitioner's expedited motion to vacate, set aside or correct his sentence pursuant to 28 U.S.C. 2255 (Doc. 169 in Case No. 1:96-cr-81; Doc. 7 in Case No. 1:20-cv-169; Doc. 1 in Case No. 1:20-cv-333). The Government is hereby ORDERED to file an expedited response to the motion as soon as possible but no later than December 10, 2020. Signed by Chief United States District Judge, Travis R. McDonough on 12/4/2020. (BJL) Modified on 12/4/2020, to update the signature judge. (SAC). Modified on 12/4/2020 to update Judge Association to Judge McDonough (BJL).
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| Magistrate Judge Christopher H Steger added. (AWS) |
| Filing 1 MOTION to Vacate, Set Aside or Correct Sentence (2255), filed by Michael Joseph Kirkpatrick.(AWS) |
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| Respondent: USA | |
| Represented By: | Luke A. McLaurin |
| Represented By: | Debra A Breneman |
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| Petitioner: Michael Joseph Kirkpatrick | |
| Represented By: | Erin Rust |
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