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Joshua Richard Ackerland v. United States of America

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Submitted: December 15, 2010

Before WOLLMAN, MURPHY, and COLLOTON, Circuit Judges.

Joshua Richard Ackerland pled guilty to conspiracy to distribute and to possess with intent to distribute 500 grams or more of methamphetamine. The district court sentenced Ackerland to 96 months’ imprisonment. The court later granted Ackerland’s motion to vacate his sentence, pursuant to 28 U.S.C. § 2255, concluding that it incorrectly calculated Ackerland’s criminal history score under the sentencing guidelines at sentencing. The government filed a motion to reconsider, which the district court denied. The government appeals the district court’s orders. We vacate the order vacating Ackerland’s sentence and remand for further proceedings.

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