IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION COBY COLE DITTO, § § Petitioner, § v. § Civil Action No. 3:19-CV-61-L-BK § Criminal No. 3:16-CR-116-L-3 UNITED STATES OF AMERICA, § § Respondent. § ORDER The Findings, Conclusions and Recommendation of the United States Magistrate Judge (“Report”) (Doc. 26) was entered on March 2, 2020, recommending, in light of the Supreme Court’s opinion in United States v. Davis,

(2019), that the court grant Petitioner’s Motion to Vacate, Set Aside, or Correct Sentence under

, vacate his conviction under

(c) (Count 2), and resentence him on the remaining count of conviction (Count 1: Conspiracy to Interfere with Commerce by Robbery in violation of

(a)). No objections to the Report were filed by either party. Having considered Petitioner’s motion, the file, record in this case, and Report, the court determines that the findings and conclusions of the magistrate judge are correct, and accepts them as those of the court. Accordingly, the court grants Petitioner’s Motion to Vacate, Set Aside, or Correct Sentence under

; and vacates his sentence with respect to Count Two of the Indictment, charging him with Using, Carrying, and Brandishing a Firearm During and In Relation To a Crime of Violence, in violation of

(c)(1)(A)(ii). By separate order, the court will schedule a sentencing hearing to resentence Petitioner on the remaining count of Order – Page 1 conviction (Count 1: Conspiracy to Interfere with Commerce by Robbery in violation of

(a)). It is so ordered this 16th day of June, 2020.

— Sam A. Lindsay United States District Judge

Order — Page 2