Garland v. U.S.

Full title: GENE IRVING GARLAND Petitioner v. UNITED STATES OF AMERICA Respondent

Court: United States District Court, N.D. Texas, Dallas Division

Date published: Jul 26, 2004

Nos. CA-3:04-CV-1465-H, CR-3:00-CR-197-H(01) (N.D. Tex. Jul. 26, 2004)

Opinion

Nos. CA-3:04-CV-1465-H, CR-3:00-CR-197-H(01).

July 26, 2004

ORDER

BAREFOOT SANDERS, Senior District Judge

Before the Court are the Findings and Recommendation of the United States Magistrate Judge, filed July 15, 2004, and an Amended Petition for Habeas Corpus under 28 U.S.C. § 2241, et seq., filed July 21, 2004.

The Court has made the required independent review of the pleadings, files, and records in this case; and the Findings and Recommendation of the United States Magistrate Judge in accordance with 28 U.S.C. § 636(b)(1), and is of the opinion that the Findings and Recommendation of the Magistrate Judge are correct and they are hereby accepted as the Findings of the Court.

In his Amended Petition, filed July 21, 2004, Petitioner asserts that recent Supreme Court ruling in Blakely v. Washington, 124 S.Ct. 2531 (June 24, 2004), entitles him to relief. However, the United States Court of Appeals for the Fifth Circuit has ruled that the Blakely decision does not affect the U.S. Sentencing Guidelines. See United States v. Pineiro, No. 03-30437, ___ F.3d ___, 2004 WL 1543170, (5^th Cir. July 12, 2004).

The July 15 Findings and Recommendation of the Magistrate Judge are ADOPTED as the Findings of the Court. Petitioner's Amended Petition and Memorandum, filed July 21, 2004, is DENIED.

SO ORDERED.