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United States v. Josiah

United States District Court, D. Hawaii

October 6, 2016

UNITED STATES OF AMERICA, Plaintiff,
v.
WILLIAM P. JOSIAH, JR., Defendant. Civ. No. 16-cv-00080 HG-KSC

          ORDER CORRECTING SENTENCE FOR DEFENDANT WILLIAM P. JOSIAH, JR.

          Helen Gillmor United States District Judge.

         On August 8, 2016, the Court issued an ORDER GRANTING PETITIONER WILLIAM P. JOSIAH, JR.'S MOTION UNDER 28 U.S.C. § 2255 TO VACATE, SET ASIDE, OR CORRECT SENTENCE AND DIRECTING PARTIES TO CONFER REGARDING RE-SENTENCING. (ECF No. 69).

         Both Parties filed statements as to their positions regarding correcting the sentence of Defendant Josiah.

         The Court will issue an Amended Judgment correcting Defendant Josiah's sentence to a term of imprisonment of “time served” and a term of supervised release of 3 months.

         PROCEDURAL HISTORY

         On March 15, 2007, Defendant pled guilty, pursuant to a plea agreement, to the one count in the Indictment of being a convicted felon in possession of a firearm or ammunition in violation of 18 U.S.C. §§ 922(g)(1), 924(e)(1). (ECF Nos. 13, 33, 34).

         At Defendant's sentencing on November 8, 2007, the Court sentenced Defendant to 180 months imprisonment pursuant to the Armed Career Criminal Act (“ACCA”). (Judgment, ECF No. 40).

         On February 24, 2016, Defendant filed a MOTION UNDER 28 U.S.C. § 2255 TO VACATE, SET ASIDE, OR CORRECT SENTENCE BY A PERSON IN FEDERAL CUSTODY. (ECF No. 44).

         On the same date, Defendant filed a Motion for Release on Bail. (ECF No. 45).

         On March 23, 2016, the Court held a hearing on Defendant's Motion for Release on Bail. (ECF No. 56).

         On March 31, 2016, the Court held a further hearing on Defendant's Motion for Release on Bail. (ECF No. 60). The Court granted Defendant's Motion for Release on Bail at the hearing. (ECF No. 59).

         On April 5, 2016, the Court issued a written ORDER GRANTING DEFENDANT WILLIAM P. JOSIAH, JR.'S MOTION FOR RELEASE ON BAIL. (ECF No. 63).

         On July 12, 2016, Defendant filed a MOTION FOR A RULING ON THE MERITS as to his Section 2255 Motion. (ECF No. 65).

         On August 8, 2016, the Court issued an ORDER GRANTING PETITIONER WILLIAM P. JOSIAH, JR.'S MOTION UNDER 28 U.S.C. § 2255 TO VACATE, SET ASIDE, OR CORRECT SENTENCE AND DIRECTING ...


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