Summary
holding ineligibility was proper where PSR indicated prisoner possessed loaded gun at time of arrest for § 1956 charge even where firearm possession did not result in either separate conviction or sentence enhancement
Summary of this case from Canty v. QuintanaOpinion
Case No. 3:05cv246/LAC/EMT.
January 27, 2006
ORDER
This cause comes on for consideration upon the magistrate judge's report and recommendation dated December 23, 2005. Petitioner has been furnished a copy of the report and recommendation and has been afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b)(1). I have made a de novo determination of objections filed, if any.
Having considered the report and recommendation, and any objections thereto, I have determined that the report and recommendation should be adopted.
Accordingly, it is now ORDERED as follows:
1. The magistrate judge's report and recommendation is adopted and incorporated by reference in this order.
2. The amended petition for writ of habeas corpus (Doc. 4) is DENIED with prejudice.