Opinion
CIVIL ACTION NO. 4:17-CV-719 CRIMINAL ACTION NO. 4:12CR00252-007
11-15-2018
ANTONIO NAVAREZ REYES, #20582-078 v. UNITED STATES OF AMERICA
MEMORANDUM ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION
The above-entitled and numbered civil action was referred to United States Magistrate Judge Christine A. Nowak, who issued a Report and Recommendation concluding that Movant Antonio Navarez Reyes' Motion to Vacate, Set Aside or Correct Sentence by a Person in Federal Custody (#1) pursuant to 28 U.S.C. § 2255 should be granted. The Report and Recommendation of the Magistrate Judge, which contains proposed findings of fact and recommendations for the disposition of such action, has been presented for consideration, and no objections thereto having been timely filed, the Court is of the opinion that the findings and conclusions of the Magistrate Judge are correct, and adopts same as the findings and conclusions of the Court.
It is accordingly ORDERED that Movant Antonio Navarez Reyes' Motion to Vacate, Set Aside or Correct Sentence by a Person in Federal Custody (#1) pursuant to 28 U.S.C. § 2255 is GRANTED to the extent that the sentence imposed in Criminal Number 4:12CR00252-007 is VACATED, and Movant shall be resentenced.
It is further ORDERED that the United States Probation Office shall prepare a new Presentence Investigation Report reflecting Movant's objection to the previous Presentence Investigation Report and the correct calculation.
It is finally ORDERED that all other motions by either party not previously ruled on are DENIED.
SIGNED at Beaumont, Texas, this 15th day of November, 2018.
/s/_________
MARCIA A. CRONE
UNITED STATES DISTRICT JUDGE