U.S. v. Thornton, 1:13-CR-466-AT-1. (2019)
Court: District Court, N.D. Georgia
Number: infdco20190108888
Visitors: 23
Filed: Jan. 07, 2019
Latest Update: Jan. 07, 2019
Summary: ORDER AMY TOTENBERG , District Judge . Presently before the Court is the Magistrate Judge's Report and Recommendation ("R&R") [Doc. 130] recommending that Movant's motion [Doc. 113] to vacate, set aside, or correct his federal sentence be DENIED. Movant has not filed any objections to the R&R. A district judge has broad discretion to accept, reject, or modify a magistrate judge's proposed findings and recommendations. United States v. Raddatz , 447 U.S. 667 , 680 (1980). Pursuant to 28
Summary: ORDER AMY TOTENBERG , District Judge . Presently before the Court is the Magistrate Judge's Report and Recommendation ("R&R") [Doc. 130] recommending that Movant's motion [Doc. 113] to vacate, set aside, or correct his federal sentence be DENIED. Movant has not filed any objections to the R&R. A district judge has broad discretion to accept, reject, or modify a magistrate judge's proposed findings and recommendations. United States v. Raddatz , 447 U.S. 667 , 680 (1980). Pursuant to 28 U..
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ORDER
AMY TOTENBERG, District Judge.
Presently before the Court is the Magistrate Judge's Report and Recommendation ("R&R") [Doc. 130] recommending that Movant's motion [Doc. 113] to vacate, set aside, or correct his federal sentence be DENIED. Movant has not filed any objections to the R&R.
A district judge has broad discretion to accept, reject, or modify a magistrate judge's proposed findings and recommendations. United States v. Raddatz, 447 U.S. 667, 680 (1980). Pursuant to 28 U.S.C. § 636(b)(1), the Court reviews any portion of the R&R that is the subject of a proper objection on a de nova basis and any non-objected portion on a "clearly erroneous" standard. Accordingly, the Court has reviewed the record in this case on a "clearly erroneous" basis.
After an independent review of the record, the Court finds that the R&R is correct. Accordingly, the Court ADOPTS the Magistrate Judge's R&R [Doc. 130]; and DENIES Defendant's Motion to Vacate, Set Aside, or Correct [Doc. 113]. A certificate of appealability (COA) is DENIED.
Source: Leagle
