UNITED STATES DISTRICT COURT DISTRICT OF SOUTH DAKOTA SOUTHERN DIVISION
September 6, 2012
UNITED STATES OF AMERICA,
TONY DAY, A/K/A "50 CENT," A/K/A "50," DEFENDANT.
The opinion of the court was delivered by: Karen E. Schreier Chief Judge
ORDER GRANTING MOTION FOR RECONSIDERATION
Defendant, Tony Day, moves the court to reconsider its April 13, 2012, order denying defendant sentencing relief. The court relied on United States v. Sidney, 648 F.3d 904 (8th Cir. 2011), when it previously denied relief to Day. Sidney has now been abrogated by the United States Supreme Court's ruling in Dorsey v. United States, 132 S. Ct. 2321 (June 21, 2012). As a result, the government does not object to Day's motion for reconsideration and waives any procedural defenses it may have. As a result, it is
ORDERED that Day's motion for reconsideration (Docket 412) is granted. Day's motion for a further reduction of sentence is granted. The U.S. Probation Office is directed to prepare a Second Amended judgment setting forth a sentence of time served followed by three years of supervised release.
BY THE COURT:
Karen E. Schreier
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