Crumby v. United States of America, No. 3:2006cv00918 - Document 66 (S.D.W. Va. 2010)
Court Description: MEMORANDUM OPINION AND ORDER as to David Lee Crumby. The Court accepts and incorporates herein the findings and recommendation of the Magistrate Judge re: 65 Proposed Findings and Recommendations by Magistrate Judge; and Grants 52 Motion / Applic ation / Petition to Vacate, Set Aside or Correct Sentence (2255), and Grants 62 Motion / Application / Petition to Vacate, Set Aside or Correct Sentence (2255) filed by David Lee Crumby; the Court further Orders as follows: having previously found the Defendant to be indigent and entitled to appointment of counsel under the Criminal Justice Act, the Court Directs the FPD to re-appoint Michael Frazier to represent the Defendant; re-sentencing will take place on 12/06/2010 at 1:30PM, the Court O rders the Probation Office submit a final revised presentence report no later than 11/22/3010; relief having been granted, this civil action shall be Dismissed. Signed by Judge Robert C. Chambers on 9/7/2010. (cc: attys; any unrepresented party, Rebecca Jarvis) (skm)
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Crumby v. United States of America Doc. 66 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA HUNTINGTON DIVISION DAVID LEE CRUMBY, Movant, Civil Action No. 3:06-00918 Criminal No. 3:05-cr-00144-01 UNITED STATES OF AMERICA, Respondent. MEMORANDUM OPINION AND ORDER This action was referred to the Honorable Mary E. Stanley, 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 Court grant Defendant’s §2255 motion. 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 and GRANTS Defendant’s §2255 motion, consistent with the findings and recommendation. Defendant’s previously imposed sentence is set aside. The Court further ORDERS as follows: 1). having previously found the defendant to be indigent and entitled to appointment of counsel under the Criminal Justice Act, the Court DIRECTS the Federal Public Defender to reappoint Michael Frazier to represent the defendant. Mr. Frazier will investigate and consider the matters summarized by the Proposed Findings and Recommendation prior to re-sentencing; Dockets.Justia.com 2). re-sentencing will take place on December 6, 2010, at 1:30 p.m. The Court ORDERS that the Probation Office prepare and forward a draft revised presentence report to the Government and counsel for the defendant no later than October 25, 2010, that the United States Attorney and counsel for the defendant file objections to the draft revised presentence report no later than November 8, 2010, and that the Probation Office submit a final revised presentence report to the Court no later than November 22, 2010. 3). relief having been granted, this civil action shall be DISMISSED. The Court DIRECTS the Clerk to send a copy of this Order to the defendant and counsel, Rebecca Jarvis in the Office of the Federal Public Defender, the United States Attorney, the United States Probation Office, and the United States Marshal. ENTER: September 7, 2010 ROBERT C. CHAMBERS UNITED STATES DISTRICT JUDGE -2-
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