Opinion
No. CV 01-5655-GHK(CW)
August 16, 2002
ORDER ACCEPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE
Pursuant to 28 U.S.C. § 636(b)(1)(C), the court has reviewed the entire record in this action, as well as the Report and Recommendation of the United States Magistrate Judge and all objections thereto. The court has made a de novo determination with respect to those portions of the Report and Recommendation as to which objection has been made.
IT IS ORDERED (1) that the Report and Recommendation of the United States Magistrate Judge be accepted; and (2) that judgment be entered denying relief as to petitioner's underlying conviction, but conditionally granting the petition for writ of habeas corpus if, within sixty days from the date the judgment becomes final, the state court has not resentenced petitioner in light of the decision herein.
The Clerk of the Court shall serve this Order and the Judgment herein on the parties.
JUDGMENT
Pursuant to the court's Order Accepting Report and Recommendation of United States Magistrate Judge, IT IS ADJUDGED that the petition for writ of habeas corpus is DENIED as to petitioner's underlying conviction, and conditionally GRANTED as to petitioner's sentence if, within sixty days from the date this judgment becomes final, the state court has not resentenced petitioner in light of the decision herein.