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United States v. Caballero

United States District Court, Ninth Circuit, California, E.D. California
Mar 12, 2015
2:07-cr-0088 KJM DAD P (E.D. Cal. Mar. 12, 2015)

Opinion


UNITED STATES OF AMERICA, Respondent, v. MARGARITO RAMIREZ CABALLERO, Movant. No. 2:07-cr-0088 KJM DAD P United States District Court, E.D. California. March 12, 2015

          ORDER

          KIMBERLY J. MUELLER, District Judge.

         Movant, a federal prisoner proceeding pro se, has filed a motion to vacate, set aside, or correct his sentence under 28 U.S.C. § 2255. The matter was referred to a United States Magistrate Judge as provided by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

         On November 24, 2014, the magistrate judge filed findings and recommendations, which were served on all parties and which contained notice to all parties that any objections to the findings and recommendations were to be filed within fourteen days. Movant has filed objections to the findings and recommendations.

Movant, through his objections, seeks a reduction of his sentence pursuant to Amendment 782 to the United States Sentencing Guidelines. See ECF No. 375 at 2. Movant's objections are not the proper vehicle for presenting this request to the court. Such a request should be made, if at all, by a motion to reduce sentence pursuant to 18 U.S.C. § 3582(c). The court makes no ruling at this time on whether movant is entitled to a reduction of his sentence under Amendment 782.

         In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this court has conducted a de novo review of this case. Having carefully reviewed the file, the court finds the findings and recommendations to be supported by the record and by proper analysis. The court corrects a typographical error at page 14, line 21, changing the word desparate to disparate.

         Accordingly, IT IS HEREBY ORDERED that:

         1. With the correction noted in this order, the findings and recommendations filed November 24, 2014, are adopted in full;

         2. Movant's motion pursuant to 28 U.S.C. § 2255 is denied;

         3. The court declines to issue the certificate of appealability referenced in 28 U.S.C. § 253; and

         4. The Clerk of the Court is directed to close the companion civil case, No. 2:13-cv-1231 KJM DAD P.


Summaries of

United States v. Caballero

United States District Court, Ninth Circuit, California, E.D. California
Mar 12, 2015
2:07-cr-0088 KJM DAD P (E.D. Cal. Mar. 12, 2015)
Case details for

United States v. Caballero

Case Details

Full title:UNITED STATES OF AMERICA, Respondent, v. MARGARITO RAMIREZ CABALLERO…

Court:United States District Court, Ninth Circuit, California, E.D. California

Date published: Mar 12, 2015

Citations

2:07-cr-0088 KJM DAD P (E.D. Cal. Mar. 12, 2015)