United States District Court, S.D. Illinois
October 20, 2005.
LEONARD W. HOYER, Petitioner,
UNITED STATES OF AMERICA, Respondent.
The opinion of the court was delivered by: J. GILBERT, District Judge
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
IT IS SO ORDERED.
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