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Miller v. United States, 14-00054-CG-B (2019)

Court: District Court, S.D. Alabama Number: infdco20190927955 Visitors: 7
Filed: Sep. 26, 2019
Latest Update: Sep. 26, 2019
Summary: ORDER CALLIE V.S. GRANADE , Senior District Judge . After due and proper consideration of all portions of this file deemed relevant to the issues raised, and there having been no objections filed, the Report and Recommendation of the Magistrate Judge made under 28 U.S.C. 636(b)(1)(B) and dated June 13, 2019 (Doc. 415) is ADOPTED as the opinion of this Court. It is ORDERED that Petitioner Adrianne Davis Miller's Motion to Vacate, Set Aside, or Correct Sentence under 28 U.S.C. 2255,
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ORDER

After due and proper consideration of all portions of this file deemed relevant to the issues raised, and there having been no objections filed, the Report and Recommendation of the Magistrate Judge made under 28 U.S.C. § 636(b)(1)(B) and dated June 13, 2019 (Doc. 415) is ADOPTED as the opinion of this Court.

It is ORDERED that Petitioner Adrianne Davis Miller's Motion to Vacate, Set Aside, or Correct Sentence under 28 U.S.C. § 2255, including all addendums thereto (Docs. 351, 352, 354, 359), is GRANTED as to the out-of-time appeal, and DISMISSED without prejudice as to all other claims. Petitioner's amended judgment in the underlying criminal case (1:14-cr-00054-CG-B-4, Doc. 256) is VACATED. Simultaneous with the entry of this Order, the Court is entering a new judgment that reimposes the same sentence, identical in all respects to the amended judgment (id.), save only for the date of entry.

Petitioner is HEREBY ADVISED that with the entry of the new judgment, she shall have all the rights associated with an appeal from any criminal sentence, and that, if she cannot afford a lawyer to represent her on appeal, one will be appointed for her. The Court also specifically advises Petitioner that the entry of the new judgment creates a fourteen-day period within which Petitioner may prosecute a direct appeal of her criminal conviction or sentence. Thus, Petitioner shall have fourteen (14) days from the date of entry of the new judgment to file a notice of appeal.

Finally, the Clerk of Court is DIRECTED to CLOSE this civil action and ENTER an appropriate final judgment in this civil case in favor of Petitioner.

DONE and ORDERED.

Source:  Leagle

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