United States v. Smith

Given Government Counsel's acknowledgment before the Fifth Circuit and recently before this District, and upon motion by Defense Counsel, Rec. Doc. Nos. 175-1, 190,

IT IS ORDERED that Defendant Leroy Smith's guilty plea and sentence are hereby vacated and the action shall be set for trial on the merits;

IT IS FURTHER ORDERED that any superseding indictment or information, as may be appropriate, shall be timely filed in view of the aforementioned acknowledgments and motion;

IT IS FURTHER ORDERED that a status conference shall be held on December 17, 2018, at 10:00 a.m. to select new pre-trial conference and trial dates; and

The hearing set for Wednesday, December 5, 2018 is hereby CANCELLED AS MOOT.

New Orleans, Louisiana, this 3rd day of December, 2018.

/s/_________

SENIOR UNITED STATES DISTRICT JUDGE