Replogle v. United States of America, No. 5:2009cv00417 - Document 18 (M.D. Fla. 2010)

Court Description: ORDER granting 1 Motion to vacate, set aside, or correct sentence (2255) as to Ground IV and DISMISSING without prejudice. The Clerk shall enter a judgment in the civil case granting in part and dismissing in part the petition. The judgment in t he criminal case (Cr-D-32) is VACATED. Defendant is resentenced to the same sentence as originally imposed in the Judgment in a Criminal Case (5:08-cr-13, D-32). The Clerk shall enter a new Judgment imposing the same terms as orginally imposed. De fendant has a right to appeal. The Clerk is directed to prepare and file a notice of appeal frm the judgment in the criminal case to be entered pursuant to this order. The Court finds that Defnedant is entitled to proceed in forma puperis on appeal and directs the Clerk of the Court to appoint attorney Anne Borghetti to represent Defendant on appeal. The Clerk shall file a copy of this Opinion and Order in the criminal case file, along with a certified copy of the civil judgment and close the civil file. Signed by Senior Judge William J. Castagna on 1/29/2010. (RT)