IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TENNESSEE EASTERN DIVISION

UNITED STATES OF AMERICA,

Plaintiff,

v. No. 1:08-cr-10102-JDB-1

MICHAEL R. LEMONS,

Defendant. ________________________________________________________________________

MICHAEL R. LEMONS,

Petitioner,

v. No. 1:16-cv-01158-JDB-egb

UNITED STATES OF AMERICA,

Respondent. ________________________________________________________________________

ORDER REINSTATING ORIGINAL SENTENCE ________________________________________________________________________

In an order entered August 3, 2017, this Court granted relief to Michael R. Lemons pursuant to

based on the decision rendered by the Sixth Circuit Court of Appeals in United States v. Stitt,

(6th Cir. 2017) (Stitt I). (Civ. No. 1:16-cv- 01158-JDB-egb, Docket Entry (“D.E”) 9.) An amended criminal judgment was entered on July 24, 2017, reducing Lemons’ sentence to time served (Crim. No. 1:08-cr-10102-JDB- 1, D.E. 63), and the Government appealed (Civ. No. 1:16-cv-01158-JDB-egb, D.E. 13; Crim. No. 1:08-cr-10102-JDB-1, D.E. 64.). Subsequently, in United States v. Stitt,

(2018) (Stitt II), the United States Supreme Court reversed the Sixth Circuit’s decision in Stitt I. On October 25, 2019, the Court of Appeals reversed the grant of relief

under § 2255 in light of Stitt II and remanded the case to this Court with instructions to reinstate the original sentence. Lemons v. United States, Nos. 17-5945/5947 (6th Cir. Oct. 25, 2019). The mandate has now issued and the Government has moved for an order consistent with the appellate court’s ruling. (Crim. No. 1:08-cr-10102-JDB-1, D.E. 71.) Because of the limited nature of the remand--solely for the purpose of reinstating

the original sentence--no hearing is necessary. A second amended criminal judgment will be entered in accordance with the order of the Court of Appeals, reinstating Lemons’ original sentence of 180 months in the custody of the Bureau of Prisons and a three-year term of supervised release. IT IS SO ORDERED this 23rd day of January 2020. . s/ J. DANIEL BREEN UNITED STATES DISTRICT JUDGE