Opinion
CASE NO. 2:07-CV-994, CRIM. NO. 2:05-CR-213.
January 13, 2009
OPINION AND ORDER
On December 5, 2008, the Magistrate Judge issued a Report and Recommendation recommending that the instant motion to vacate, set aside, or correct sentence pursuant to 28 U.S.C. § 2255 be dismissed. Petitioner has filed objections to the Magistrate Judge's Report and Recommendation. Petitioner again raises all of the same arguments that he previously presented. Additionally, petitioner now asserts that his attorney improperly failed to object to errors in the PreSentence Investigation Report, and failed to request that the government file a motion for reduction of petitioner's sentence based upon substantial assistance under United States Sentencing Guideline § 5K1.1. However, petitioner failed to raise such claims of ineffective assistance of counsel in his § 2255 petition filed on September 28, 2007. These claims are therefore not properly before this Court and they will not be considered for the first time in the context of objections to the Report and Recommendation.
Pursuant to 28 U.S.C. § 636(b)(1), the Court has conducted a de novo review of the Magistrate Judge's Report and Recommendation. For the reasons detailed therein, petitioner's objections are OVERRULED. The Report and Recommendation is ADOPTED and AFFIRMED. This action hereby is DISMISSED.
The Clerk shall enter FINAL JUDGMENT in this case.