Opinion
CV 15-1183 KG/WPL CR 4-1746 KG
03-24-2016
UNITED STATES OF AMERICA, Plaintiff/Respondent, v. PATRICK JAMES PACHECO, Defendant/Movant.
ORDER ADOPTING MAGISTRATE JUDGE'S PROPOSED FINDINGS AND RECOMMENDED DISPOSITION
This matter is before the Court on the Magistrate Judge's Proposed Findings and Recommended Disposition (PFRD), filed March 23, 2016. (CV Doc. 7; CR Doc. 47.) The parties filed a Notice of Joint Wavier of Objection Deadline on March 23, 2016. (CV Doc. 9; CR Doc. 49.)
IT IS THEREFORE ORDERED that:
1) the PFRD is adopted as an order of the Court;
2) Pacheco's motion under 28 U.S.C. § 2255 (CV Doc. 1; CR Doc. 40) is granted with respect to his claim under Johnson v. United States, --- U.S. ---, 135 S. Ct. 2251, 2563 (2015);
3) the Court will order an expedited new Presentence Report; and
4) this case will be set for resentencing in a forthcoming Order.
/s/ _________
UNITED STATES DISTRICT JUDGE