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U.S. v. Vega-Cervantes, 1:14-CR-234-TWT. (2019)

Court: District Court, N.D. Georgia Number: infdco20190321b67 Visitors: 5
Filed: Mar. 19, 2019
Latest Update: Mar. 19, 2019
Summary: ORDER THOMAS W. THRASH, JR. , District Judge . This is a criminal action. It is before the Court on the Report and Recommendation [Doc. 160] of the Magistrate Judge recommending that the Defendant's pro se Motion to Vacate Sentence [Doc. 153] be denied as untimely. The Defendant objects to the Report and Recommendation and argues that the Court's failure to give him a Castro warning when he filed a Motion to Appoint Counsel made his motion timely. Allowing the Defendant to withdraw the Moti
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ORDER

This is a criminal action. It is before the Court on the Report and Recommendation [Doc. 160] of the Magistrate Judge recommending that the Defendant's pro se Motion to Vacate Sentence [Doc. 153] be denied as untimely. The Defendant objects to the Report and Recommendation and argues that the Court's failure to give him a Castro warning when he filed a Motion to Appoint Counsel made his motion timely. Allowing the Defendant to withdraw the Motion to Appoint Counsel would have had no effect upon the timeliness of the current motion. The Court approves and adopts the Report and Recommendation as the judgment of the Court. The Defendant's pro se Motion to Vacate Sentence [Doc. 153] is DENIED as untimely.

SO ORDERED.

Source:  Leagle

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