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THAYER v. U.S.

Civil Nos. 95-40436, 96-40031. Criminal No. 90-50016.

937 F.Supp. 662 (1996)

Gerald Allen THAYER and Dawn Marie Thayer, Petitioners, v. UNITED STATES of America, Defendant.

United States District Court, E.D. Michigan, Southern Division.

August 30, 1996.

Attorney(s) appearing for the Case

James L. Edmonds, Grand Blanc, MI, for Petitioners.

Mark C. Jones, U.S. Attorney's Office, Flint, MI, for the U.S.

ORDER GRANTING THE GOVERNMENT'S MOTION TO RESENTENCE

GADOLA, District Judge.

On April 4, 1996, this court entered an order setting aside the petitioners' convictions on count V of the indictment in criminal action number 90-50016, which alleged the use of firearms during and in relation to a felony under 18 U.S.C. § 924(c). The petitioners had each moved, pursuant to 28 U.S.C. § 2255, to vacate their convictions on the section 924(c) counts...

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