OSEQUERA-ALANIS v. U.S., 1:05-CR-067-1-CC (2014)
Court: District Court, N.D. Georgia
Number: infdco20140408795
Visitors: 10
Filed: Apr. 07, 2014
Latest Update: Apr. 07, 2014
Summary: ORDER CLARENCE COOPER, Senior District Judge. This matter is before the Court on the Final Report and Recommendation [Doc. No. 205] issued by Magistrate Judge Gerrilyn G. Brill on March 7, 2014. Magistrate Judge Brill recommends that Movant Ramon Oseguera-Alanis's motion to vacate sentence be denied and that the Court likewise deny the issuance of a certificate of appealability. The record reflects that no objections to the Final Report and Recommendation have been filed and that the time per
Summary: ORDER CLARENCE COOPER, Senior District Judge. This matter is before the Court on the Final Report and Recommendation [Doc. No. 205] issued by Magistrate Judge Gerrilyn G. Brill on March 7, 2014. Magistrate Judge Brill recommends that Movant Ramon Oseguera-Alanis's motion to vacate sentence be denied and that the Court likewise deny the issuance of a certificate of appealability. The record reflects that no objections to the Final Report and Recommendation have been filed and that the time peri..
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ORDER
CLARENCE COOPER, Senior District Judge.
This matter is before the Court on the Final Report and Recommendation [Doc. No. 205] issued by Magistrate Judge Gerrilyn G. Brill on March 7, 2014. Magistrate Judge Brill recommends that Movant Ramon Oseguera-Alanis's motion to vacate sentence be denied and that the Court likewise deny the issuance of a certificate of appealability. The record reflects that no objections to the Final Report and Recommendation have been filed and that the time period permitted for filing any such objections has elapsed.
Having reviewed the Final Report and Recommendation for plain error in accordance with United States v. Slay, 714 F.2d 1093, 1095 (11th Cir. 1983), the Court finds that the Final Report and Recommendation is correct both in fact and in law. Accordingly, the Court ADOPTS the Final Report and Recommendation as the opinion of this Court and hereby ORDERS that Movant Ramon Oseguera-Alanis's motion to vacate sentence is DENIED. Further, insofar as reasonable jurists would not find debatable or wrong the determination that Movant waived his right to collaterally attack his sentence and that his claims, in any event, are without merit, no certificate of appealability shall issue.
SO ORDERED.
Source: Leagle
