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United States v. Birtha

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA LAFAYETTE DIVISION
Feb 25, 2015
CRIMINAL 7-20052(02) (W.D. La. Feb. 25, 2015)

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. Morgan

Opinion

CRIMINAL 7-20052(02)

02-25-2015

UNITED STATES OF AMERICA v. ANTHONY ANTOINE BIRTHA


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


Summaries of

United States v. Birtha

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA LAFAYETTE DIVISION
Feb 25, 2015
CRIMINAL 7-20052(02) (W.D. La. Feb. 25, 2015)

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. Morgan
Case details for

United States v. Birtha

Case Details

Full title:UNITED STATES OF AMERICA v. ANTHONY ANTOINE BIRTHA

Court:UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA LAFAYETTE DIVISION

Date published: Feb 25, 2015

Citations

CRIMINAL 7-20052(02) (W.D. La. Feb. 25, 2015)

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