Graddy v. U.S.

Full title: KRISTOFFER GRADDY, Petitioner, v. UNITED STATES OF AMERICA, Respondent

Court: United States District Court, E.D. Michigan, Southern Division

Date published: May 2, 2006

Civil Number: 06-CV-10256, Criminal Number: 03-80047-01 (E.D. Mich. May. 2, 2006)

Opinion

Civil Number: 06-CV-10256, Criminal Number: 03-80047-01.

May 2, 2006

ORDER ADOPTING REPORT AND RECOMMENDATION AND DENYING MOTION UNDER 28 U.S.C. § 2255

AVERN COHN, District Judge

This is a habeas case under 28 U.S.C. § 2255. Petitioner Kristoffer Graddy, a federal prisoner convicted of distribution of cocaine and serving 70 months imprisonment, claims he is incarcerated in violation of his constitutional rights. Petitioner specifically claims that his sentence violates the Supreme Court's holding in United States v. Booker, 543 U.S. 220 (2005). The matter was referred to a magistrate judge for a report and recommendation (MJRR). The magistrate judge recommends that the motion be denied because Petitioner failed to comply with the one-year statute of limitations. Petitioner has not filed objections to the MJRR.

Accordingly, the findings and conclusions of the MJRR are adopted as the findings and conclusions of the Court. Petitioner's motion under § 2255 is DENIED.

SO ORDERED.