Opinion
Criminal Action No. 3:01-CR-197-L, Civil Action No. 3:03-CV-904-L.
July 19, 2005
ORDER
Before the court in this closed case is a letter dated March 26, 2005, wherein Defendant Sergio Osorio-Sanchez, appearing pro se, seeks permission to file a second or successive motion pursuant to 28 U.S.C. § 2255 in light of United States v. Booker, ___ U.S. ___, 125 S.Ct. 738 (2005). Pursuant to 28 U.S.C. § 636(b), and an order of the court in implementation thereof, this request was referred to the United States magistrate judge for proposed findings and recommendation. On June 27, 2005, the Findings and Recommendation of the United States Magistrate Judge were filed. No objections have been filed. Having reviewed the pleadings, file and record in this case, and the findings and recommendation of the magistrate judge, the court determines that the findings and recommendation are correct. The magistrate judge's findings are accepted as those of the court. Accordingly, Petitioner's request to file a second or successive motion pursuant to 28 U.S.C. § 2255 is denied. Defendant may file the appropriate motion for leave with the Fifth Circuit Court of Appeals.