MATHIS v. U.S.

Nos. 7:09-CR-139-1BO, 7:11-CV-266-BO

GARY DEAN MATHIS, Petitioner, v. UNITED STATES OF AMERICA, Respondent.

United States District Court, E.D. North Carolina, Southern Division.

April 5, 2012.


Attorney(s) appearing for the Case

USA, Plaintiff, represented by Gaston Williams , U.S. Attorney's Office.


ORDER

TERRENCE W. BOYLE, District Judge.

This matter is before the Court on Petitioner's Motion to Vacate, Set Aside, or Correct Sentence pursuant to 28 U.S.C. § 2255 [DE 30). For the reasons discussed below, Petitioner's Motion is granted.

BACKGROUND

On February 11, 2010, Petitioner pleaded guilty pursuant to a plea agreement to one count of possession with intent to distribute fifty grams or more of cocaine base in violation of 21...

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