Ristagno v. United States

MEMORANDUM AND ORDER

CONABOY, District Judge.

Pending before the Court is a motion for habeas corpus relief filed by Petitioner pursuant to 28 U.S.C. § 2255 and a “Memorandum of Law” in support of his motion to vacate his sentence. (Doc. 71). The Government filed a response to the Petitioner’s petition on August 13, 1997. (Doc. 79). Ristagno filed a traverse to the governments response on September 2, 1997. (Doc. 80). For the reasons set forth infra, we shall grant the Petitioner’s habeas corpus motion to the extent that we vacate the sentence. 1 However, the Petitioner’s same sentence will be…