U.S. v. COLEMAN, 5:12-cr-5-RS-EMT-11 (2015)
Court: District Court, N.D. Florida
Number: infdco20150417b37
Visitors: 13
Filed: Apr. 16, 2015
Latest Update: Apr. 16, 2015
Summary: ORDER RICHARD SMOAK , District Judge . Before me is the Magistrate Judge's Report and Recommendation (Doc. 727). I have reviewed the report and recommendation de novo. No objections were filed; however, Defendant filed a Notice to the Court (Doc. 743) in which he preserved as objections all of his original arguments submitted to the Magistrate Judge. IT IS ORDERED: 1. The Magistrate Judge's Report and Recommendation is approved and incorporated in this Order. 2. The relief requested
Summary: ORDER RICHARD SMOAK , District Judge . Before me is the Magistrate Judge's Report and Recommendation (Doc. 727). I have reviewed the report and recommendation de novo. No objections were filed; however, Defendant filed a Notice to the Court (Doc. 743) in which he preserved as objections all of his original arguments submitted to the Magistrate Judge. IT IS ORDERED: 1. The Magistrate Judge's Report and Recommendation is approved and incorporated in this Order. 2. The relief requested i..
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ORDER
RICHARD SMOAK, District Judge.
Before me is the Magistrate Judge's Report and Recommendation (Doc. 727). I have reviewed the report and recommendation de novo. No objections were filed; however, Defendant filed a Notice to the Court (Doc. 743) in which he preserved as objections all of his original arguments submitted to the Magistrate Judge.
IT IS ORDERED:
1. The Magistrate Judge's Report and Recommendation is approved and incorporated in this Order.
2. The relief requested in Defendant's Amended Motion to Vacate, Set Aside, or Correct Sentence Under 28 U.S.C. § 2255 (Doc. 642) is GRANTED with respect to the portion of Ground Two of Defendant's claim that counsel was constitutionally ineffective for his failure to file an appeal; the remaining claims are DENIED WITHOUT PREJUDICE.
3. The November 9, 2012, Judgment (Doc. 421) is VACATED.
4. A Judgment containing the identical terms set forth in the November 9, 2012, Judgment (Doc. 421) is imposed as of the date of this Order.
5. CJA Panel Attorney Barbara Sanders is appointed to represent Defendant for the purpose of appealing the renewed judgment.
ORDERED.
Source: Leagle
