United States v. Welch

MEMORANDUM OF DECISION AND ORDER GRANTING § 2255 PETITION TO VACATE CONVICTIONS ON COUNTS IV & V

GENE CARTER, Chief Judge.

This case is before the Court on Robert F. Welch’s section 2255 petition to vacate his convictions on the last two counts of a five-count indictment and to resentence him accordingly on the grounds that these counts did not state a crime. Defendant Welch’s Section 2255 Motion (Docket No. 77). The Government does not oppose this motion, conceding that the fourth and fifth counts of the indictment to which Petitioner entered a guilty plea, do not, in light of the Court of…