Johnson v. United States of America, No. 3:2005cv00487 - Document 98 (S.D.W. Va. 2010)
Court Description: ORDER Adopting proposed findings and Recommendation re: 96 Proposed Findings and Recommendations by Magistrate Judge,, 36 Motion / Application / Petition to Vacate, Set Aside or Correct Sentence (2255 filed by Jermaine Dwan Johnson ; re-sentencin g set for 09/07/10 at 2:00 p.m.; the Govt. to file a memorandum on or before 09/07/2010, to disclose any evidence and argument for application of the gun enhancement and its position on the applicability of Booker. Defendant is directed to respond on or before 09/14/2010. Signed by Judge Robert C. Chambers on 7/20/2010. (cc: attys; any unrepresented party) (dcm)
Download PDF
<![CDATA[
Johnson v. United States of America Doc. 98 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA HUNTINGTON DIVISION JERMAINE JOHNSON, Movant, v. CIVIL ACTION No. 3:05-0487 (CRIMINAL ACTION NO. 3:03-00213) UNITED STATES OF AMERICA, Respondent. ORDER This action was referred to the Honorable R. Clarke VanDervort, United States Magistrate Judge, for submission to this Court of proposed findings of fact and recommendation for disposition, pursuant to 28 U.S.C. § 636(b)(1)(B). The Magistrate Judge has submitted findings of fact and recommended that the District Court reopen this matter for further sentencing for the purpose of determining whether or not the enhancement of Movant’s sentence for his possession of a firearm was appropriate and for re-sentencing as may be appropriate under Booker . Neither party has filed objections to the Magistrate Judge’s findings and recommendation. Accordingly, the Court accepts and incorporates herein the findings and recommendation of the Magistrate Judge, consistent with the findings and recommendation. The Clerk is DIRECTED to re-open United States v. Johnson, Criminal No. 3:03-00213. The Court SCHEDULES a re-sentencing hearing for September 27, 2010, at 2:00 p.m. The Government is directed to file a memorandum on or before September 7, 2010, to disclose any Dockets.Justia.com evidence and argument for application of the gun enhancement and its position on the applicability of Booker. Defendant is directed to respond on or before September 14, 2010. The Court DIRECTS the Clerk to send a copy of this Order to the defendant and counsel, the United States Attorney, the United States Probation Office, and the United States Marshal. ENTER: July 20, 2010 ROBERT C. CHAMBERS UNITED STATES DISTRICT JUDGE -2-
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
