Gholston v. USA

Gholston v. USA

Case Number:	2:2020cv00132
Filed:	February 27, 2023
Court:	US District Court for the Eastern District of Tennessee
Office:	Greeneville Office
Nature of Suit:	Prisoner: Vacate Sentence
Cause of Action:	28 U.S.C. § 2255 Motion to Vacate / Correct Illegal Sentenc

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Date Filed	Document Text
February 27, 2023	Filing 20 MEMORANDUM OPINION: His motion [Doc. 1] is therefore GRANTED only to the extent that he requests the vacatur of his conviction and sentence for Count Four and to the extent that the vacatur of his conviction and sentence for Count F our requires the vacatur of his sentences for Counts One and Three. His motion is DENIED in all other respects. His Amended Motion to Vacate, Set Aside, or Correct a Sentence by a Person in Federal Custody [Doc. 14] is likewise DENIED. This case is h ereby DISMISSED with prejudice, and the Court ORDERS as follows: 1. Mr. Gholston's conviction and sentence for Count Four of the Indictment [Doc. 3, 2:09-CR-00032-1-JRG-CRW], for using and carrying a firearm in relation to a crime of violence in violation of 18 U.S.C. § 924(c)(1)(A), are hereby VACATED. 2. Mr. Gholston's sentences, but not his convictions, for Counts One and Three of the Indictment are likewise VACATED, for the reasons that the Court has stated in this opinion. 3. Mr. Gholstons resentencing hearing is scheduled for Tuesday, May 16, 2023, at 9:00. 4. In the interests of justice, Wayne Stambaugh, Esq., a member of the CJA panel, is APPOINTED to represent Mr. Gholston at his resentencing hearing. 5. The United S tates Probation Office is DIRECTED to prepare and file a revised presentence investigation report, in which it applies the 2009 version of the United States Sentencing Guidelines Manual. See Memorandum for details. Signed by District Judge J Ronnie Greer on 2/27/2023.(Copy of Memorandum mailed to Ricky Gholston). (LCK)

Date Filed

Document Text

February 27, 2023

Filing 20 MEMORANDUM OPINION: His motion [Doc. 1] is therefore GRANTED only to the extent that he requests the vacatur of his conviction and sentence for Count Four and to the extent that the vacatur of his conviction and sentence for Count F our requires the vacatur of his sentences for Counts One and Three. His motion is DENIED in all other respects. His Amended Motion to Vacate, Set Aside, or Correct a Sentence by a Person in Federal Custody [Doc. 14] is likewise DENIED. This case is h ereby DISMISSED with prejudice, and the Court ORDERS as follows: 1. Mr. Gholston's conviction and sentence for Count Four of the Indictment [Doc. 3, 2:09-CR-00032-1-JRG-CRW], for using and carrying a firearm in relation to a crime of violence in violation of 18 U.S.C. § 924(c)(1)(A), are hereby VACATED. 2. Mr. Gholston's sentences, but not his convictions, for Counts One and Three of the Indictment are likewise VACATED, for the reasons that the Court has stated in this opinion. 3. Mr. Gholstons resentencing hearing is scheduled for Tuesday, May 16, 2023, at 9:00. 4. In the interests of justice, Wayne Stambaugh, Esq., a member of the CJA panel, is APPOINTED to represent Mr. Gholston at his resentencing hearing. 5. The United S tates Probation Office is DIRECTED to prepare and file a revised presentence investigation report, in which it applies the 2009 version of the United States Sentencing Guidelines Manual. See Memorandum for details. Signed by District Judge J Ronnie Greer on 2/27/2023.(Copy of Memorandum mailed to Ricky Gholston). (LCK)

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