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Cantrell v. United States

United States District Court, W.D. Texas, Austin Division
Jan 9, 2024
1:21-CR-48(25) (W.D. Tex. Jan. 9, 2024)

Opinion

1:21-CR-48(25) 1:22-CV-1286-RP

01-09-2024

LEONARD CANTRELL, Petitioner, v. UNITED STATES OF AMERICA, Respondent.


ORDER

ROBERT PITMAN, UNITED STATES DISTRICT JUDGE.

Before the Court is Petitioner Cantrell's (“Cantrell”) Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside or Correct Sentence by a Person in Federal Custody. (Dkt. 1347). Cantrell filed his motion on November 30, 2022. (Id.). The case was referred to United States Magistrate Judge Mark Lane for findings and recommendations, pursuant to 28 U.S.C. § 636(b). Judge Lane filed his report and recommendation on October 17, 2023. (Dkt. 1424). In his report and recommendation, Judge Lane recommends that the Court deny Cantrell's motion. (Id. at 1). Cantrell filed objections to the report and recommendation. (Dkt. 1445).

A party may serve and file specific, written objections to a magistrate judge's findings and recommendations within fourteen days after being served with a copy of the report and recommendation and, in doing so, secure de novo review by the district court. 28 U.S.C. § 636(b)(1)(C). Because Cantrell objected to each portion of the report and recommendation, the Court reviews the report and recommendation de novo. Having done so and for the reasons given in the report and recommendation, the Court overrules Cantrell's objections and adopts the report and recommendation as its own order.

Accordingly, IT IS ORDERED that the report and recommendation of United States Magistrate Judge Mark Lane, (Dkt. 1424), is ADOPTED. Cantrell's Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside or Correct Sentence by a Person in Federal Custody, (Dkt. 1347), is DENIED.

It is FURTHER ORDERED that a certificate of appealability is DENIED.


Summaries of

Cantrell v. United States

United States District Court, W.D. Texas, Austin Division
Jan 9, 2024
1:21-CR-48(25) (W.D. Tex. Jan. 9, 2024)
Case details for

Cantrell v. United States

Case Details

Full title:LEONARD CANTRELL, Petitioner, v. UNITED STATES OF AMERICA, Respondent.

Court:United States District Court, W.D. Texas, Austin Division

Date published: Jan 9, 2024

Citations

1:21-CR-48(25) (W.D. Tex. Jan. 9, 2024)