Opinion
CASE NO. 4:08cv7-SPM/WCS.
March 25, 2008
ORDER
THIS CAUSE comes before the Court upon the Magistrate Judge's report and recommendation (doc. 5) dated February 29, 2008. Petitioner was furnished a copy and she filed an objection (doc. 6). Pursuant to Title 28, United States Code, Section 636(b)(1), I find that the report and recommendation should be adopted. Petitioner is not entitled to relief under the Apprendi line of cases because they do not apply retroactively to cases on collateral review. McCoy v. United States, 266 F.3d 1245, 1247-48 (11th Cir. 2001); Varela v. United States, 400 F.3d 864, 867-68 (11th Cir. 2005). Accordingly, it is
ORDERED AND ADJUDGED:
1. The report and recommendation (doc. 5) is adopted and incorporated by reference in this order.
2. Petitioner's § 2241 petition (doc. 1) is summarily dismissed.
DONE AND ORDERED.