Opinion
Civil No. 04-1114 (PG), [Cr. No. 99-307 (PG)].
July 21, 2005
ORDER
Upon careful review of the Magistrate Judge's Report and Recommendation (Docket No. 15), to which no objections were filed, the applicable case law, and the record of this case, the Magistrate Judge's Report and Recommendation is hereby APPROVED AND ADOPTED. As such, petitioner's 28 U.S.C. § 2255 motion is GRANTED on procedural grounds and his sentence is VACATED, with a resentencing hearing to be scheduled. Petitioner's motion is otherwise DENIED.