Filed: Mar. 22, 2018
Latest Update: Mar. 22, 2018
Summary: ORDER ACCEPTING REPORT AND RECOMMENDATION MARK E. WALKER , District Judge . This Court has considered, without hearing, the Magistrate Judge's Report and Recommendation, ECF No. 716, and has also reviewed de novo Petitioner's objections to the report and recommendation, ECF No. 717. Accordingly, IT IS ORDERED: The report and recommendation is accepted and adopted, over Petitioner's objections, as this Court's opinion. This Court emphasizes that its predecessor specifically told Peti
Summary: ORDER ACCEPTING REPORT AND RECOMMENDATION MARK E. WALKER , District Judge . This Court has considered, without hearing, the Magistrate Judge's Report and Recommendation, ECF No. 716, and has also reviewed de novo Petitioner's objections to the report and recommendation, ECF No. 717. Accordingly, IT IS ORDERED: The report and recommendation is accepted and adopted, over Petitioner's objections, as this Court's opinion. This Court emphasizes that its predecessor specifically told Petit..
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ORDER ACCEPTING REPORT AND RECOMMENDATION
MARK E. WALKER, District Judge.
This Court has considered, without hearing, the Magistrate Judge's Report and Recommendation, ECF No. 716, and has also reviewed de novo Petitioner's objections to the report and recommendation, ECF No. 717. Accordingly,
IT IS ORDERED:
The report and recommendation is accepted and adopted, over Petitioner's objections, as this Court's opinion. This Court emphasizes that its predecessor specifically told Petitioner that neither his lawyer "nor the U.S. Attorney knows how I may interpret and apply the sentencing guidelines and the sentencing statutes in your case. So if my sentence turns out to be different than what your lawyer predicted, do you understand that you cannot take back your guilty plea?" ECF No. 492 at 13. In short, this Court's predecessor informed Petitioner that the sentencing judge was not bound by his lawyer's prediction, if any. And, Petitioner acknowledged he understood. ECF No. 492 at 13. The Clerk shall enter judgment stating, "The Motion under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence, ECF No. 597, is DENIED. A Certificate of Appealability is DENIED." The Clerk shall close the file.
SO ORDERED.
