Opinion
Case No. 3:09-cr-121
08-14-2013
District Judge Thomas M. Rose
Magistrate Judge Michael R. Merz
ORDER ADOPTING REPORT AND RECOMMENDATIONS
The Court has reviewed the Report and Recommendations of United States Magistrate Judge Michael R. Merz (Doc. #72), to whom this case was referred pursuant to 28 U.S.C. § 636(b), and noting that no objections have been filed thereto and that the time for filing such objections under Fed. R. Civ. P. 72(b) has expired, hereby ADOPTS said Report and Recommendations.
Accordingly, it is hereby ORDERED that the Motion to Vacate under 28 U.S.C. § 2255 (Doc. #66) be GRANTED. The Court will set this case for re-sentencing under the Fair Sentencing Act.
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Thomas M. Rose
United States District Judge