United States v. Kennedy
Opinion
Lead Opinion
Lawrenceneill, J.
MEMORANDUM DECISION AND ORDER GRANTING PETITIONER’S § 2255 MOTION AND DENYING GOVERNMENT’S RENEWED MOTION TO STAY: TIME SENSITIVE ORDER
(ECF Nos. 23, 32)
I. INTRODUCTION
Before the Court is Petitioner Corbin James Kennedy’s (“Petitioner” or “Kennedy”) motion to vacate, set aside, or correct his sentence under 28 U.S.C. § 2255 , filed on June 21, 2016. ECF No. 23. On August 10, 2016, the Government filed a motion to stay 'Petitioner’s § 2255 motion. ECF No. 26. The Court initially granted the Government’s motion, but vacated the stay upon Petitioner’s motion for reconsideration. ECF No. 31. The Government filed its merits opposition, along with a renewed motion to stay, on September 30, 2016. ECF No. 37. Petitioner filed a merits reply on October 25, 2016. ECF No. 33. Having considered the parties’ briefing and the record in this case, the Court GRANTS Petitioner’s motion and DENIES AS MOOT the Government’s renewed motion to stay.
II. BACKGROUND
On May 13, 2013, Petitioner was sentenced to 63 months in prison after pleading guilty to being a felon in possession of a firearm in violation of 18 U.S.C. § 922 (g)(1). ECF Nos. 21, 22. At sentencing, he was found to qualify for a…