Summary
noting that the Fifth Circuit has not addressed the issue of whether Descamps is retroactively applicable to cases on collateral review
Summary of this case from United States v. MorganOpinion
CRIMINAL 7-20052(02)
02-25-2015
MAGISTRATE JUDGE HANNA
JUDGMENT
The petitioner's motions, brought pursuant to 28 USC section 2255 to vacate, set aside, or correct his sentence (Doc. #492), the related request for an evidentiary hearing (Doc. #532), and the request for appointment of counsel (Doc. #556) were referred to United States Magistrate Judge Patrick J. Hanna for report and recommendation. After an independent review of the record, and consideration of the objections filed, this Court concludes that the Magistrate Judge's report and recommendation is correct and adopts the findings and conclusions therein as its own. Accordingly, Petitioner's motion to vacate, set aside or correct his sentence under 28 USC section 2255 (Doc. #492) is hereby DENIED and DISMISSED with prejudice.
Petitioner's requests for an evidentiary hearing (Doc. #532) and for appomtment of counsel (Doc. #556) are also DENIED.
THUS DONE and SIGNED on this 25th day of February, 2015.
/s/ _________
RICHARD T. HAIK, SR., DISTRICT JUDGE
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA