United States v. Lattanzio

MEMORANDUM AND ORDER REGARDING DEFENDANT’S MOTION TO CORRECT SENTENCE UNDER 28 U.S.C. § 2255

PONSOR, United States District Judge.

I. INTRODUCTION

Defendant Vincent Lattanzio has brought this petition pursuant to 28 U.S.C. § 2255, seeking to vacate his sentence based on his incorrect designation as an armed career criminal. The government opposes. For the reasons that follow, the court will allow Defendant’s motion.

II. BACKGROUND

On April 21, 1995, the late Judge Frank H. Freedman sentenced Defendant to an aggregate term of 353 months for robbing an armored car, being a felon in possession of a…