Summary
finding counsel's performance deficient for not objecting to an error in Guidelines calculation
Summary of this case from United States v. BlountOpinion
CIVIL ACTION NO. 3:06-CV-0201-G, CRIMINAL ACTION NO 3:04-CR-321-G ECF.
July 17, 2008
ORDER
After reviewing all relevant matters of record in this case, including the findings, conclusions, and recommendation of the United States Magistrate Judge and any objections thereto, in accordance with 28 U.S.C. § 636(b)(1), the undersigned district judge is of the opinion that the findings and conclusions of the magistrate judge are correct and they are ACCEPTED as the findings and conclusions of the court.
For the reasons stated in the findings, conclusions, and recommendation, the court DENIES as moot movant's motion for summary judgment and GRANTS the motion to vacate on one claim of ineffective assistance of counsel. The court VACATES petitioner's sentence and will resentence him by separate order in light of the accurately calculated guidelines range.