Branon v. United States ( 2020 )

1 NOT FOR PUBLICATION 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Mark David Branon, No. CV-16-04599-PHX-SRB (CDB) CR-02-00750-PHX-SRB 10 Movant, ORDER 11 v. 12 United States of America, 13 Respondent. 14 Movant Mark David Branon filed an Amended Motion to Vacate, Set Aside, or 15 16 Correct Sentence Under 28 U.S.C. § 2255 on June 21, 2016 (Doc. 7) arguing that his 17 § 924(c) conviction should be vacated. The matter was stayed pending the United States 18 Supreme Court’s decision in Sessions v. Dimaya, 138 S. Ct. 1204(2018) and the Ninth 19 20 Circuit Court of Appeals’ decision in United States v. Begay, 934 F.3d 1033 (9th Cir. 21 2019). After the stay was lifted, the Government responded to the § 2255 motion conceding 22 that Movant’s motion should be granted, his § 924(c) conviction vacated, and Movant 23 resentenced on the other four counts of his conviction. 24 25 The Magistrate Judge filed her Report and Recommendation on February 6, 2020 26 recommending that Movant's Motion to Vacate, Set Aside, or Correct Sentence be granted. 27 In the Report and Recommendation, the Magistrate Judge advised the parties that they had 28 || fourteen days from the date of service of a copy of the Report and Recommendation within 2 which to file specific written objections with the Court. The time to file such objections 3 4 has expired and no objections to the Report and Recommendation have been filed. 5 The Court finds itself in agreement with the Report and Recommendation of the 6 Magistrate Judge. 7 g IT IS ORDERED adopting the Report and Recommendation of the Magistrate || Judge as the Order of this Court. (Doc. 45) 10 IT IS FURTHER ORDERED granting Movant’s Motion to Vacate, Set Aside or 11 D Correct Sentence Under 28 U.S.C. § 2255. (Doc. 7) 13 IT IS FURTHER ORDERED vacating Movant’s conviction and sentence as to 14), Count Eight. 15 IT IS FURTHER ORDERED that re-sentencing will be set for Counts One, Two 16 7 Three, Five, Ten and Eleven. 18 Dated this 27th day of February, 2020. 19 20 21 2 © foblon. 23 Susan R. Bolton 54 United States District Judge 25 26 27 28 _2-