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Miller v. U.S., infdco20180709995 (2018)

Court: District Court, N.D. Florida Number: infdco20180709995 Visitors: 21
Filed: Jul. 06, 2018
Latest Update: Jul. 06, 2018
Summary: ORDER ADOPTING MAGISTRATE JUDGE WHITE'S REPORT AND RECOMMENDATION DISMISSING THE MOTION TO VACATE SENTENCE FEDERICO A. MORENO , District Judge . THE MATTER was referred to the Honorable Patrick A. White, United States Magistrate Judge, for a Report and Recommendation on Prisoner's Motion to Vacate his Sentence as an Armed Career Criminal Under 28 U.S.C. 2255, filed on February 19, 2016. The Magistrate Judge filed a Report and Recommendation (D.E. 25) on June 20, 2018. The Court
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ORDER ADOPTING MAGISTRATE JUDGE WHITE'S REPORT AND RECOMMENDATION DISMISSING THE MOTION TO VACATE SENTENCE

THE MATTER was referred to the Honorable Patrick A. White, United States Magistrate Judge, for a Report and Recommendation on Prisoner's Motion to Vacate his Sentence as an Armed Career Criminal Under 28 U.S.C. § 2255, filed on February 19, 2016. The Magistrate Judge filed a Report and Recommendation (D.E. 25) on June 20, 2018. The Court has reviewed the entire file and record. The Court has made a de novo review of the issues that the objections to the Magistrate Judge's Report and Recommendation present, and being otherwise fully advised in the premises, it is

ADJUDGED that Magistrate Judge White's Report and Recommendation is AFFIRMED and ADOPTED. Accordingly, it is

ADJUDGED that Motion to Vacate Sentence Under 28 U.S.C. § 2255 is DENIED. The objections filed by the Movant recognize that Eleventh Circuit law binds this Court. Therefore, the Court is bound to follow United States v. Seabrooks, 839 F.3d 1326 (11th Cir. 2016), United States v. Fritts, 841 F.3d 937 (I lth Cir. 2016), United States v. Hill, 799 F.3d 1318 (11th Cir. 2015), and Turner v. Warden Coleman FCI, 709 F.3d 1328 (11th Cir. 2013). It is further

ADJUDGED that no certificate of appealability issue.

DONE AND ORDERED.

Source:  Leagle

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