Opinion
3:12-CR-179
06-16-2022
UNITED STATES OF AMERICA, v. EDWARD MCLAUGHLIN, Defendant.
ORDER
ROBERT D. MARIANI, UNITED STATES DISTRICT JUDGE
AND NOW, THIS 16Th DAY OF JUNE 2022, for the reasons set forth in this Court's accompanying Memorandum Opinion, upon de novo review of Magistrate Judge Arbuckie's Report and Recommendation (Doc. 466), McLaughlin's objections thereto (Doc. 469), McLaughlin's Motion to Vacate, Set Aside, or Correct Sentence Pursuant to 28 U.S.C. § 2255 (Doc. 418) and all other relevant documents, IT IS HEREBY ORDERED THAT:
1. The Report and Recommendation of Magistrate Judge William I. Arbuckle (Doc. 466) is ADOPTED.
2. McLaughlin's objections to the Report and Recommendation are OVERRULED.
3. All pro se Motions to Vacate shall be DENIED AS MOOT.
4. McLaughlin's Motion to Vacate, Set Aside, or Correct Sentence Pursuant to 28 U.S.C. § 2255 (Doc. 418) is DENIED IN PART AND GRANTED IN PART as follows:
a. McLaughlin's petition to vacate his conviction and sentence under Count One and Count Five of the Third Superseding Indictment is DENIED.
b. McLaughlin's petition for an evidentiary hearing is DENIED.
c. McLaughlin's petition to vacate his conviction and sentence under Count Three of the Third Superseding Indictment is GRANTED. 5. A certificate of appealability SHALL NOT ISSUE.