Opinion
CIVIL ACTION NO. H-15-0290 CRIMINAL ACTION NO. H-11-783
04-07-2017
UNITED STATES OF AMERICA, Plaintiff-Respondent, v. FRANCISCO MORALES, Defendant-Movant.
ORDER ADOPTING MEMORANDUM AND RECOMMENDATION
Pending is Movant/Defendant Francisco Morales's § 2255 Motion to Vacate, set Aside or Correct Sentence (Document No. 245). The Court has received from the Magistrate Judge a Memorandum and Recommendation recommending that § 2255 Movant Morales be afforded an evidentiary hearing on his claim that counsel was ineffective for failing to move for and secure dismissal of the charges based on a pre-indictment proffer agreement. No objections have been filed to the Memorandum and Recommendation.
The Court, after having conducted a de novo review of the claims and the evidence currently in the record, is of the opinion that the findings and recommendations of the Magistrate Judge are correct and should be and hereby are accepted by the Court. Accordingly, it is
ORDERED, for the reasons set forth in the Memorandum and Recommendation of the Magistrate Judge signed on February 14, 2017, and entered on February 15, 2017, that § 2255 Movant Francisco Morales shall be afforded an evidentiary hearing on his claim that counsel was ineffective for failing to move for and secure dismissal of the charges based on a pre-indictment proffer agreement. It is further
ORDERED that the case is REFERRED to the Magistrate Judge to appoint counsel for Movant, schedule and conduct an evidentiary hearing, and make recommendations as to the merits of Morales's claims.
The Clerk will enter this Order and send copies to all parties of record.
Signed at Houston, Texas this 7TH day of April, 2017.
/s/_________
EWING WERLEIN, JR.
UNITED STATES DISTRICT JUDGE