Summary
finding that the Government's response - which conceded that defendant's § 924(c) conviction was invalid after Taylor - waived any statute-of-limitations defense to defendant's § 2255 motion
Summary of this case from United States v. FenderOpinion
CV422-284 CR417-050-3
03-16-2023
VICTOR NATSON, Movant, v. UNITED STATES OF AMERICA, Respondent.
ORDER
H0N. LISA GODBEY WOOD, JUDGE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA
After a careful, de novo review of the file, the Court concurs with the Magistrate Judge's Report and Recommendation, to which no objections have been filed. CR417-050, doc. 347; CV422-284, doc. 11. Accordingly, the Report and Recommendation of the Magistrate Judge is ADOPTED as the opinion of the Court. Natson's 28 U.S.C. § 2255 Motion is GRANTED. CR417-050, doc. 336; CV422-284, doc. 1. The Clerk is DIRECTED to close civil case CV422-284.
It is further ORDERED that the United States Probation Office shall revise and update the Presentence Investigation Report as to Defendant and shall disclose the revised report to the parties for review and response in accordance with normal procedures and schedules. Upon receipt of a final revised Presentence Investigation Report, the Court will schedule a resentencing hearing.
SO ORDERED