Ajan v. United States of America

Ajan v. United States of America

Case Number:	2:2006cv00024
Filed:	January 30, 2006
Court:	US District Court for the Eastern District of Tennessee
Office:	Greeneville Office
Presiding Judge:	J Ronnie Greer
Presiding Judge:	Dennis H Inman
Nature of Suit:	Prisoner: Vacate Sentence
Cause of Action:	28 U.S.C. § 2255 Motion to Vacate / Correct Illegal Sentenc
Jury Demanded By:	None

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Date Filed	Document Text
September 1, 2009	Filing 22 MEMORANDUM OPINION: For the reasons set forth herein and in the Courts May 20, 2009, memorandum opinion, the petitioners § 2255 motion lacks merit as to all issues raised therein, except for the issue raised pursuant to United States v. Combs, a nd his motion to vacate, set aside or correct sentence pursuant to 28 U.S.C. § 2255 will be DENIED IN PART and GRANTED IN PART. More specifically, the petition is DENIED as to all issues discussed in paragraphs IV(A)(H) in the Courts May 20, 200 9, memorandum opinion but is GRANTED as to the claim made by petitioner under United States v. Combs. Petitioners conviction on Count Ten of the indictment (aiding and abetting possession of a firearm in furtherance of kidnapping, a crime of violence ) is SET ASIDE and VACATED and an amended judgment will be entered in case No. 2:02-CR-71. A separate order and judgment will enter with respect to petitioners § 2255 petition and an amended judgment will be entered in case No. 2:02-CR-71, in accordance with the above opinion. So ordered. Signed by District Judge J Ronnie Greer on 9/1/2009. (c/m to petitioner)(RLC, )

Date Filed

Document Text

September 1, 2009

Filing 22 MEMORANDUM OPINION: For the reasons set forth herein and in the Courts May 20, 2009, memorandum opinion, the petitioners § 2255 motion lacks merit as to all issues raised therein, except for the issue raised pursuant to United States v. Combs, a nd his motion to vacate, set aside or correct sentence pursuant to 28 U.S.C. § 2255 will be DENIED IN PART and GRANTED IN PART. More specifically, the petition is DENIED as to all issues discussed in paragraphs IV(A)(H) in the Courts May 20, 200 9, memorandum opinion but is GRANTED as to the claim made by petitioner under United States v. Combs. Petitioners conviction on Count Ten of the indictment (aiding and abetting possession of a firearm in furtherance of kidnapping, a crime of violence ) is SET ASIDE and VACATED and an amended judgment will be entered in case No. 2:02-CR-71. A separate order and judgment will enter with respect to petitioners § 2255 petition and an amended judgment will be entered in case No. 2:02-CR-71, in accordance with the above opinion. So ordered. Signed by District Judge J Ronnie Greer on 9/1/2009. (c/m to petitioner)(RLC, )

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