Opinion
CIVIL 23-357 (JRT/DJF)
07-24-2023
DARRELL D. SMITH, Petitioner, v. WARDEN B. EISCHEN, Respondent.
Wayne Langston, Reg. No. 21919-040, FPC Duluth, P.O. Box 1000, Duluth, MN 55814, pro se petitioner. Ana H Voss, Kristen Rau, Assistant United States Attorneys, UNITED STATES ATTORNEY'S OFFICE, 300 South 4th Street, Suite 600, Minneapolis, MN 55415, for respondent.
Wayne Langston, Reg. No. 21919-040, FPC Duluth, P.O. Box 1000, Duluth, MN 55814, pro se petitioner.
Ana H Voss, Kristen Rau, Assistant United States Attorneys, UNITED STATES ATTORNEY'S OFFICE, 300 South 4th Street, Suite 600, Minneapolis, MN 55415, for respondent.
ORDER
John R. Tunheim United States District Court
United States Magistrate Judge Dulce J. Foster filed a Report and Recommendation (ECF No. 4). No objections have been filed in the time permitted.
Based on the R&R and all the files, records, and proceedings herein, IT IS HEREBY ORDERED that:
1. The Report and Recommendation (ECF No. 4]) is ADOPTED; and
2. Petitioner's Petition for a Writ of Habeas Corpus (ECF No. 1) is DISMISSED IN PART as follows:
a. Grounds 1, 2, and 4 should be DISMISSED in their entirety; and
b. Ground 3 should be DISMISSED to the extent that it challenges Petitioner's conviction in United States v. Less or the imposition of his sentence or consecutive sentences in United States v. Smith.