JONES v. U.S., 1:06CR451-1 (2014)
Court: District Court, E.D. North Carolina
Number: infdco20140414919
Visitors: 4
Filed: Apr. 11, 2014
Latest Update: Apr. 11, 2014
Summary: ORDER JAMES A. BEATY, Jr., District Judge. On March 12, 2014, the United States Magistrate Judge's Recommendation was filed and notice was served on the parties pursuant to 28 U.S.C. 636. No objections to the Recommendation have been filed. Therefore, the Court need not make a de novo review and the Magistrate Judge's Recommendation [Doc. #71] is hereby adopted. IT IS THEREFORE ORDERED that Respondent's Motion to Dismiss [Doc. #57] is deemed withdrawn, that Petitioner's Motion to Vacate,
Summary: ORDER JAMES A. BEATY, Jr., District Judge. On March 12, 2014, the United States Magistrate Judge's Recommendation was filed and notice was served on the parties pursuant to 28 U.S.C. 636. No objections to the Recommendation have been filed. Therefore, the Court need not make a de novo review and the Magistrate Judge's Recommendation [Doc. #71] is hereby adopted. IT IS THEREFORE ORDERED that Respondent's Motion to Dismiss [Doc. #57] is deemed withdrawn, that Petitioner's Motion to Vacate, S..
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ORDER
JAMES A. BEATY, Jr., District Judge.
On March 12, 2014, the United States Magistrate Judge's Recommendation was filed and notice was served on the parties pursuant to 28 U.S.C. § 636. No objections to the Recommendation have been filed. Therefore, the Court need not make a de novo review and the Magistrate Judge's Recommendation [Doc. #71] is hereby adopted.
IT IS THEREFORE ORDERED that Respondent's Motion to Dismiss [Doc. #57] is deemed withdrawn, that Petitioner's Motion to Vacate, Set Aside or Correct Sentence [Doc. #45] is granted as to his claims under Simmons, that the sentence set out in the Judgment [Doc. #21] is vacated, and that Count Three of the Indictment is dismissed. The Clerk is directed to set this matter for resentencing as to Count One of the Indictment. 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
