Lighty v. USA - 2255, No. 8:2012cv03065 - Document 6 (D. Md. 2023)
Court Description: MEMORANDUM OPINION. Signed by Judge Peter J. Messitte on 4/13/2023. (heps, Deputy Clerk)
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Lighty v. USA - 2255 Doc. 6 Case 8:12-cv-03065-PJM Document 6 Filed 04/13/23 Page 1 of 7 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND UNITED STATES OF AMERICA * * V. KENNETH JAMAL EIGHTY, * Grim. No.03-457-PJM * Civil No. 12-3065-PJM * k Defendant. * ME MOR ANDUM OP INION Kenneth J amal E ighty ("E ighty") has filed an Amended Motion to Vacate, S et Aside, or C orrect S entence and for a New Trial ("Motion to Vacate"), asking the C ourt to vacate his convictions pursuant to 18 U.S .C . ยง 924(c) and his sentence of death. E C F Nos. 451, 530. F or the reasons that follow, the C ourt GR ANTS E ighty's Motion to Vacate. I. BAC K G R OUND On J anuary 3, 2002, E ighty, along with co-defendants E orenzo Wilson and J ames F lood, abducted E ric Hayes fi-om Washington, D.C . and transported him to Temple Hills, Maryland, where they executed him. Indic't. Nearly four weeks later, on J anuary 30, 2002, E ighty acted as the driver.in a drive-by shooting that took place on Afton S treet in Temple Hills, Maryland and that resulted in the death of Antoine Newbill (the "Afton S treet S hooting"). United S tates v. Lighty^ 616 F .3d 321, 341 (4th C ir. 2010). The next day police were conducting a separate operation on E ast C apitol S treet in Washington, during which an officer approached a car in which E ighty was a passenger. The officer observed E ighty placing a .380 caliber handgun in his pants and arrested him. Id. at 342. S hell casings from the handgun seized fi*om E ighty appeared to show characteristics consistent with evidence found at Afton S treet. Dockets.Justia.com Case 8:12-cv-03065-PJM Document 6 Filed 04/13/23 Page 2 of 7 Case 8:12-cv-03065-PJM Document 6 Filed 04/13/23 Page 3 of 7 Case 8:12-cv-03065-PJM Document 6 Filed 04/13/23 Page 4 of 7 Case 8:12-cv-03065-PJM Document 6 Filed 04/13/23 Page 5 of 7 Case 8:12-cv-03065-PJM Document 6 Filed 04/13/23 Page 6 of 7 Case 8:12-cv-03065-PJM Document 6 Filed 04/13/23 Page 7 of 7
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