This order grants a defendant's motion under 28 U.S.C. § 2255 to vacate his conviction and sentence. The defendant had pled guilty to misprision of felony visa fraud and was sentenced to probation and restitution. He sought relief based on evidence discovered during a related trial, which the government did not oppose. The court granted the motion and vacated the conviction and sentence, directing that restitution payments be returned. As relief was granted on the first ground, the court did not consider the defendant's ineffective counsel argument.

1. Case 1:11-cv-00586-SOM -BMK Document 3 Filed 10/04/11 Page 1 of 2 PageID #: 105
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF HAWAII
UNITED STATES OF AMERICA, ) CR. NO. 09-00338 SOM
) CV. No. 11-00586 SOM/BMK
Plaintiff, )
) ORDER GRANTING MOTION UNDER
vs. ) 28 U.S.C. § 2255 TO VACATE,
) SET ASIDE, OR CORRECT
MATEE CHOWSANITPHON, ) SENTENCE BY A PERSON IN
) FEDERAL CUSTODY
Defendant. )
_____________________________ )
ORDER GRANTING MOTION UNDER 28 U.S.C. § 2255 TO VACATE, SET
ASIDE, OR CORRECT SENTENCE BY A PERSON IN FEDERAL CUSTODY
Defendant Matee Chowsanitphon moves under 28 U.S.C.
§ 2255 to vacate his conviction and sentence. Defendant pled
guilty to misprision of felony visa fraud pursuant to a plea
agreement. On June 28, 2010, he was sentenced to five years of
probation and to payment of $48,000 in restitution. He now seeks
relief on two grounds.
First, Defendant relies on evidence discovered during
the trial of a related case in August 2011. Defendant was a
witness in that trial and says that, in the course of testifying,
he became aware of matters that undermine his conviction. The
Government does not oppose the granting of the motion on this
ground. This court grants Defendant's motion based on this first
ground.
Second, Defendant relies on the argument that his
counsel was ineffective. The court does not reach this ground,
given its ruling based on the first ground.

2. Case 1:11-cv-00586-SOM -BMK Document 3 Filed 10/04/11 Page 2 of 2 PageID #: 106
Defendant's conviction and sentence are vacated. The
Clerk of Court is directed to return to Defendant all restitution
payments made by Defendant and still held by the Clerk of Court.
Defense counsel shall provide the Clerk of Court with any
information requested to accomplish the prompt return of
restitution payments.
IT IS SO ORDERED.
DATED: Honolulu, Hawaii, October 4, 2011.
/s/ Susan Oki Mollway
Susan Oki Mollway
Chief United States District Judge
United States v. Matee Chowsanitphon; Cr. No. 09-00338 SOM; CV.
No. 11-00586 SOM/BMK; ORDER GRANTING MOTION UNDER 28 U.S.C.
§ 2255 TO VACATE, SET ASIDE, OR CORRECT SENTENCE BY A PERSON IN
FEDERAL CUSTODY
2