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U.S. v. SMITH

Nos. EDCR 96-031 RT, EDCV 04-006RT.

318 F.Supp.2d 875 (2004)

UNITED STATES of America, Respondent, v. Eric Roshawn SMITH Movant.

United States District Court, C.D. California.

March 18, 2004.

Attorney(s) appearing for the Case

Debra W. Yang, United States Attorney, Steve D. Clymer, Special Assistant U.S. Attorney, Chief, Criminal Division, Bruce Riordian, Assistant U.S. Attorney, Los Angeles, CA, for Respondent United States of America.

Eric Roshawn Smith, Federal Correctional Institution, Terminal Island, CA, for Petitioner Eric Roshawn Smith.

ORDER 1) GRANTING MOVANT ERIC ROSHAWN SMITH'S MOTION FOR CORRECTION OF SENTENCE, PURSUANT TO 28 U.S.C. § 2255, WHICH MOTION IS CONSTRUED TO BE A PETITION FOR A WRIT OF HABEAS CORPUS UNDER 28 U.S.C. § 2441; AND 2) DIRECTING THE UNITED STATES BUREAU OF PRISONS TO RECALCULATE HIS FEDERAL PRISON TERM

TIMLIN, District Judge.

The court, Judge Robert J. Timlin, has read and considered movant Eric Roshawn Smith ("Smith")'s motion to vacate, set aside,...

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