Opinion
CASE NO. 1:02cr45-MP-GRJ-3
06-05-2012
ORDER
This cause comes on for consideration upon the magistrate judge's Report and Recommendation dated May 2, 2012. (Doc. 203). The parties have been furnished a copy of the Report and Recommendation and have been afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b)(1). I have made a de novo determination of any timely filed objections.
Having considered the Report and Recommendation, and any objections thereto timely filed, I have determined that the Report and Recommendation should be adopted.
Accordingly, it is now ORDERED as follows:
1. The magistrate judge's Report and Recommendation is adopted and incorporated by reference in this order.
2. Defendant's Motion for Relief from Judgment or Order (doc. 193) is GRANTED.
3. The Second Amended Judgment (doc. 178) is VACATED, and a Third Amended Judgment will be entered separately, reimposing the same sentence.
4. Defendant is advised that he has fourteen days from the date of the reimposed sentence in which to file a notice of appeal.
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M. CASEY RODGERS
CHIEF UNITED STATES DISTRICT JUDGE