Opinion
No. 5:09-CR-338-D No. 5:11-CV-106-D
12-30-2011
LAYT KHALIL MOHAMMAD YOUNIS, Petitioner, v. UNITED STATES OF AMERICA, Respondent.
ORDER
This court has reviewed the affidavit filed on July 27, 2011 [D.E. 50]. In light of the affidavit, the court hereby re-enters a new judgment identical in all respects to the judgment entered onJuly7,2010[D.E.37]. See United States v. Mongold. 259 F. App'x 539.540-41 (4th Cir. 2007) (per curiam) (unpublished). Defendant may file a notice of appeal within 14 days of the date of this new judgment, and the United States may assert its rights under the appellate waiver in the plea agreement [D.E. 3 3 ]. The Federal Public Defender is appointed to represent defendant, if he wishes to file a notice of appeal. The section 2255 petition is DISMISSED without prejudice.
SO ORDERED. This 30 day of December 2011.
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JAMES C. DEVER III
Chief United States District Judge