BEACH v. U.S.

No. CV16-855-RAJ.

SHAD BEACH, Petitioner, v. UNITED STATES OF AMERICA, Respondent.

United States District Court, W.D. Washington, Seattle.

Editors Note
Applicable Law: 28 U.S.C. § 2255
Cause: 28 U.S.C. § 2255 Motion to Vacate / Correct Illegal Sentence
Nature of Suit: 510 Prisoner: Vacate Sentence
Source: PACER


Attorney(s) appearing for the Case

Shad M. Beach, Petitioner, represented by Nancy Tenney , FEDERAL PUBLIC DEFENDER'S OFFICE.

United States of America, Respondent, represented by Stephen Paul Hobbs , US ATTORNEY'S OFFICE.


ORDER

RICHARD A. JONES, District Judge.

THIS MATTER comes before the Court on the government's motion for reconsideration of the Court's January 24, 2017, Order (Dkt. #33) in United States v. Shad M. Beach, Case No. CR12-56-RAJ, granting the Defendant's motion to vacate his sentence.

The Court, having considered the briefing of the parties, and finding that the government's motion is unopposed by the Defendant in light of the Supreme Court's decision in Beckles v. United States, 580 U.S. ____ (2017), enters the following order:

IT IS HEREBY ORDERED that the government's motion for reconsideration of the Court's January 24, 2017, Order granting the Defendant's motion to vacate his sentence in the case of in United States v. Shad M. Beach, Case No. CR12-56-RAJ, is GRANTED.

IT IS FURTHER ORDERED that the Court's January 24, 2017, Order (Dkt. #33) granting the Defendant's motion to vacate his sentence in the case of United States v. Shad M. Beach, Case No. CR12-56-RAJ, is VACATED.

IT IS FURTHER ORDERED that the judgment in United States v. Shad M. Beach, Case No. CR12-56-RAJ (Dkt. #25), is REINSTATED.

IT IS FURTHER ORDERED that the resentencing hearing in United States v. Shad M. Beach, Case No. CR12-56-RAJ, scheduled for March 17, 2017, at 9:00 AM, is STRICKEN.


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