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HOYER v. U.S.

United States District Court, S.D. Illinois


October 20, 2005.

LEONARD W. HOYER, Petitioner,
v.
UNITED STATES OF AMERICA, Respondent.

The opinion of the court was delivered by: J. GILBERT, District Judge

ORDER

This matter comes before the Court on petitioner Leonard W. Hoyer's ("Hoyer") third amended motion to vacate, set aside or correct his sentence pursuant to 28 U.S.C. § 2255 (Doc. 42). In a hearing held October 20, 2005, the parties stipulated that the motion should be granted. Accordingly, the Court GRANTS the third amended § 2255 motion (Doc. 42), VACATES the amended judgment in criminal case number 00-cr-40104-JPG entered against Hoyer (Crim. Doc. 19), including the convictions and sentence, and REINSTATES counts 1 through 6 of the indictment in criminal case number 00-cr-40104-JPG against Hoyer. The Court FURTHER DIRECTS the Clerk of Court to enter this order and the judgment in this case, civil case number 02-cv-4114-JPG, in criminal case number 00-cr-40104.

IT IS SO ORDERED.

20051020

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