By: Hon. Glen E. Conrad Chief United States District Judge
FINAL ORDER
In accordance with the accompanying memorandum opinion, it is hereby
ADJUDGED AND ORDERED
as follows:
1. Payne's motion pursuant to
28 U.S.C. § 2255 (ECF No. 54) is
GRANTED;
2. The government's motion to dismiss (ECF No. 62) is DENIED;
3. Payne must be resentenced. A resentencing hearing has been scheduled for April 10, 2017.
The Clerk is directed to send copies of this order and the accompanying memorandum opinion to the petitioner and all counsel of record. In addition, the Clerk is directed to close Civil Action No. 7:16CV81070 as all further action will occur in Payne's criminal case.
ENTER: This 3rd day of April, 2017.
/s/_________
Chief United States District Judge