Simard v. United States

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF VERMONT UNITED STATES OF AMERICA ) ) v. ) Case No. 2:10-cr-47 ) SHAWN SIMARD ) OPINION AND ORDER Defendant Shawn Simard, through counsel, has moved pursuant to

28 U.S.C. § 2255

to set aside the judgment in this case and correct his sentence. Simard requests re-sentencing because the prior state court conviction used to enhance his federal sentence has since been vacated. The government does not contest the substance of Simard’s request, but opposes the motion as untimely and for lack of due diligence in pursuing post-conviction relief in state…