HA v. U.S.

Full title: KHANH DUY HA Petitioner v. UNITED STATES OF AMERICA

Court: United States District Court, S.D. Texas, Houston Division

Date published: Apr 16, 2009

CRIMINAL ACTION NO. H-03-169, CIVIL ACTION NO. H-07-844 (S.D. Tex. Apr. 16, 2009)

Opinion

CRIMINAL ACTION NO. H-03-169, CIVIL ACTION NO. H-07-844.

April 16, 2009

OPINION ORDER

MELINDA HARMON, District Judge

Presently before the Court are Movant Khanh Duy Ha's Motion to Vacate, Set Aside or Correct Sentence pursuant to 28 U.S.C. § 2255 (Doc. 129); the Government's Answer and Motion to Dismiss (Doc. 137); and the Magistrate Judge's Memorandum and Recommendation (Doc. 138), recommending that the Movant's Motion to Vacate, Set Aside or Correct Sentence be denied and the Government's Motion to Dismiss be granted. No objections have been filed to the Magistrate Judge's Memorandum and Recommendation. After carefully considering the record and the applicable law, the Court ORDERS that Movant's Motion to Vacate, Set Aside or Correct Sentence pursuant to 28 U.S.C. § 2255 is DENIED and that the Government's Motion to Dismiss is GRANTED. The Court adopts the Magistrate Judge's Memorandum and Recommendation in full.