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U.S. v. PACHECO, CR 4-1746 KG. (2016)

Court: District Court, D. New Mexico Number: infdco20160419677 Visitors: 18
Filed: Mar. 24, 2016
Latest Update: Mar. 24, 2016
Summary: ORDER ADOPTING MAGISTRATE JUDGE'S PROPOSED FINDINGS AND RECOMMENDED DISPOSITION KENNETH J. GONZALES , District Judge . This matter is before the Court on the Magistrate Judge's Proposed Findings and Recommended Disposition (PFRD), filed March 23, 2016. (CV Doc. 7; CR Doc. 47.) The parties filed a Notice of Joint Wavier of Objection Deadline on March 23, 2016. (CV Doc. 9; CR Doc. 49.) IT IS THEREFORE ORDERED that: 1) the PFRD is adopted as an order of the Court; 2) Pacheco's motion under
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ORDER ADOPTING MAGISTRATE JUDGE'S PROPOSED FINDINGS AND RECOMMENDED DISPOSITION

This matter is before the Court on the Magistrate Judge's Proposed Findings and Recommended Disposition (PFRD), filed March 23, 2016. (CV Doc. 7; CR Doc. 47.) The parties filed a Notice of Joint Wavier of Objection Deadline on March 23, 2016. (CV Doc. 9; CR Doc. 49.)

IT IS THEREFORE ORDERED that:

1) the PFRD is adopted as an order of the Court;

2) Pacheco's motion under 28 U.S.C. § 2255 (CV Doc. 1; CR Doc. 40) is granted with respect to his claim under Johnson v. United States, ___ U.S. ___, 135 S.Ct. 2251, 2563 (2015);

3) the Court will order an expedited new Presentence Report; and

4) this case will be set for resentencing in a forthcoming Order.

Source:  Leagle

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