Opinion
1:12CV933 1:09CR151-1
03-19-2013
LENDRELL ANTHONY THOMPSON, Petitioner, v. UNITED STATES OF AMERICA, Respondent.
ORDER
On February 6, 2013, the United States Magistrate Judge's Recommendation was filed and notice was served on the parties pursuant to 28 U.S.C. § 636. No objections to the Recommendation have been filed. Therefore, the Court need not make a de novo review and the Magistrate Judge's Recommendation [Doc. #25] is hereby adopted.
IT IS THEREFORE ORDERED that Petitioner's Motion to Vacate, Set Aside or Correct Sentence [Doc. #16] is GRANTED under § 2255, that the Judgment [Doc. #15] is VACATED as to Count Three, that Count Three of the Indictment [Doc. #1] is DISMISSED, and that a corrected Judgment shall be entered reflecting a total sentence of 60 months as to Count Two, followed by three years of supervised release, rather than the combined 117-month sentence for Counts Two and Three that was contained in the original Judgment.
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United States District Judge