Thompson v. United States

Full title: ROGER THOMPSON, Petitioner, v. UNITED STATES OF AMERICA Defendant.

Court: UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA LAKE CHARLES DIVISION

Date published: Dec 4, 2014

CIVIL ACTION NO. 2:13-cv-2841 (W.D. La. Dec. 4, 2014)

Opinion

CIVIL ACTION NO. 2:13-cv-2841

12-04-2014

ROGER THOMPSON, Petitioner, v. UNITED STATES OF AMERICA Defendant.

JUDGE MINALDI

MAGISTRATE JUDGE KAY

JUDGMENT

Before the court is the Report and Recommendation [Doc. 5] of the Magistrate Judge previously filed herein, to which the petitioner has filed an Objection [Doc. 6]. The court notes that at the time the petitioner filed his petition for writ of habeas corpus [Doc. 1] that the issue of whether Alleyne v. United States was retroactive had been decided by the Fifth Circuit, and thus, that issue was foreclosed by circuit law. In re Kemper, 735 F.3d 211 (5th Cir. 2013).

Therefore, for the reasons stated in the Report and Recommendation [Doc. 5] of the Magistrate Judge previously filed herein, after an independent review of the record, a de novo determination of the issues, and having determined that the findings are correct under applicable law,

IT IS ORDERED the petitioner's petition for writ of habeas corpus [Doc. 1], as amended by his petition for writ of habeas corpus [Doc. 4], be and hereby is DISMISSED, WITH PREJUDICE.

Lake Charles, Louisiana, this 4 day of December, 2014.

/s/_________

PATRICIA MINALDI

UNITED STATES DISTRICT JUDGE