Michael R. Merz
District Judge Walter Herbert Rice
Magistrate Judge Michael R. Merz
REPORT AND RECOMMENDATIONS
This case is before the Court on Defendant's Motion to Vacate pursuant to 28 U.S.C. § 2255 (Doc. No. 93). Represented by the Federal Public Defender, Defendant seeks application to his case of the decision of the United States Supreme Court in Dorsey v. United States, 132 S. Ct. 2321 (2012).
Order to answer the Motion, the United States has waived any procedural default resulting from not raising this claim on direct appeal or any issue regarding the timeliness of the Motion and agreed that Dorsey warrants the relief requested.
Accordingly, it is respectfully recommended that the Motion to vacate by granted and that Defendant be re-sentenced under the Fair Sentencing Act.
Michael R. Merz
United States Magistrate Judge
NOTICE REGARDING OBJECTIONS