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Anthos v. United States

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


April 7, 2009

EDWARD M. ANTHOS PETITIONER,
v.
UNITED STATES OF AMERICA, RESPONDENT.

ORDER

Petitioner has moved for a corrected judgment based on the United States Department of Justice's December 17, 2008 determination that the increased penalty provisions contained in 18 U.S.C. §§ 1028(b)(1) and (b)(2) do not apply as a matter of law to convictions under 18 U.S.C. §§ 1028(a)(4) and (a)(6). Having reviewed that determination and the applicable statutes, the Court concludes that the United States Department of Justice's determination is correct. Accordingly, the Court hereby

ORDERS that Petitioner's motion pursuant to 28 U.S.C. § 2255 is GRANTED; and the Court further

ORDERS that the Clerk of the Court shall file a corrected judgment reflecting that the conviction under 18 U.S.C. §§ 1028(a)(4) and/or (a)(6) is a misdemeanor.

IT IS SO ORDERED.

20090407

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