United States v. Payne

By: Hon. Glen E. Conrad Chief United States District Judge

FINAL ORDER

In accordance with the accompanying memorandum opinion, it is hereby

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