MEMORANDUM ORDER
REBECCA BEACH SMITH, Chief Judge.
This matter comes before the court on the timely motion to vacate, set aside, or correct a sentence pursuant to 28 U.S.C. § 2255 ("Motion") by the Petitioner, Marcus Dearborn Lawe ("Lawe"), filed on January 23, 2012, and the government's response ("Response"), filed on August 22, 2012. For the reasons set forth below, the court GRANTS the Petitioner's Motion.
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