Schoenauer v. United States

ORDER

ROBERT W. PRATT, Chief Judge.

Before the Court is Russell Schoenauer’s motion to vacate, set aside, or correct his sentence, filed pursuant to 28 U.S.C. § 2255. Schoenauer is represented by counsel. The Court held a hearing on the motion on July 14, 2010. The parties submitted post hearing briefs on August 12, 2010, and August 19, 2010. The matter is now fully submitted.

For the following reasons, the Court grants Schoenauer’s 28 U.S.C. § 2255 motion.

I. Background

A jury convicted Schoenauer of conspiracy to distribute fifty to five hundred grams of methamphetamine and one hundred to one…