Opinion
3:06-CR-33 (CAR)
07-13-2012
TOREY GARTRELL, Petitioner, v. UNITED STATES OF AMERICA, Respondent.
HABEAS CORPUS 28 U.S.C. '2255
ORDER ON THE RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
Before the Court is the Report and Recommendation [Doc. 220] from United States Magistrate Judge Charles H. Weigle, that recommends denying Petitioners Motion to Vacate, Set Aside, or Correct his Sentence Pursuant to 28 U.S.C. ' 2255 [Doc. 205]. Petitioner, proceeding pro se, has subsequently filed an Objection to the Recommendation [Doc. 221]. Pursuant to 28 U.S.C. ' 636(b)(1), the Court has thoroughly considered Petitioner's Objection, has made a de novo determination of the portions of the Recommendation to which Petitioner objects, and finds the Objection to be without merit.
In his Objection, Petitioner simply restates the arguments he made in his original petition which, despite Petitioner's contentions otherwise, have been fully addressed in the Recommendation. Petitioner's Objection centers around his argument that the trial record lacks sufficient evidence to support his conspiracy conviction. As thoroughly explained by the Magistrate Judge, however, Petitioners claims are without merit. This Court agrees with the Magistrate Judge=s reasoning and conclusions as set forth in the Report and Recommendation. Accordingly, the Report and Recommendation [Doc. 220] is ADOPTED and MADE THE ORDER OF THIS COURT, and Petitioner's Motion to Vacate, Set Aside, or Correct his Sentence Pursuant to 28 U.S.C. ' 2255 [Doc. 205] is DENIED.
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C. ASHLEY ROYAL
UNITED STATES DISTRICT JUDGE
SSH