MONROE v. U.S., 1:03CR329-1 (2013)
Court: District Court, E.D. North Carolina
Number: infdco20130819930
Visitors: 7
Filed: Aug. 16, 2013
Latest Update: Aug. 16, 2013
Summary: ORDER N. CARLTON TILLEY, Jr., Senior District Judge. On July 5, 2013, the United States Magistrate Judge's Recommendation was filed and notice was served on the parties pursuant to 28 U.S.C. 636. Petitioner and Respondent have both stipulated that no objections to the Recommendation will be filed. ( See Notice [Doc. #72] and July 11, 2013 docket entry.) Therefore, the Court need not make a de novo review and the Magistrate Judge's Recommendation [Doc. #70] is hereby adopted. IT IS THEREF
Summary: ORDER N. CARLTON TILLEY, Jr., Senior District Judge. On July 5, 2013, the United States Magistrate Judge's Recommendation was filed and notice was served on the parties pursuant to 28 U.S.C. 636. Petitioner and Respondent have both stipulated that no objections to the Recommendation will be filed. ( See Notice [Doc. #72] and July 11, 2013 docket entry.) Therefore, the Court need not make a de novo review and the Magistrate Judge's Recommendation [Doc. #70] is hereby adopted. IT IS THEREFO..
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ORDER
N. CARLTON TILLEY, Jr., Senior District Judge.
On July 5, 2013, the United States Magistrate Judge's Recommendation was filed and notice was served on the parties pursuant to 28 U.S.C. § 636. Petitioner and Respondent have both stipulated that no objections to the Recommendation will be filed. (See Notice [Doc. #72] and July 11, 2013 docket entry.) Therefore, the Court need not make a de novo review and the Magistrate Judge's Recommendation [Doc. #70] is hereby adopted.
IT IS THEREFORE ORDERED that Petitioner's Motion to Vacate, Set Aside or Correct Sentence [Doc. #39] is GRANTED, and Petitioner's sentence set out in the Judgment [Doc. # 27] is VACATED. The Clerk is directed to set this matter for resentencing. Petitioner remains in custody, and the United States Attorney is directed to produce Petitioner for the resentencing hearing. The Probation Office is directed to prepare a Supplement to the Presentence Investigation Report in advance of the hearing. Counsel will be appointed to represent Petitioner at the resentencing hearing.
Source: Leagle
