Opinion
CRIMINAL ACTION 4:19-cr-004 73-1 CIVIL ACTION 4:21-CV-03415
11-22-2022
United States of America, Plaintiff-Respondent, v. Julian Antonio Reyes-Guerrero, Defendant-Movant.
ORDER ADOPTING RECOMMENDATION OF THE MAGISTRATE JUDGE
EWING WERLEIN, JR., DISTRICT JUDGE
Pending are Defendant-Movant Julian Antonio Reyes-Guerrero's motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. § 2255 (Crim. Document No. 40; Civ. Document No. 1) and Plaintiff-Respondent the United States of America's motion to dismiss (Crim. Document No. 50; Civ. Document No. 5) . The Court has received from the Magistrate Judge a Memorandum and Recommendation recommending that Plaintiff-Respondent's motion to dismiss be GRANTED and that Defendant-Movant's motion under § 2255 be DENIED (Crim. Document No. 51; Civ. Document No. 6) . The deadline for objections has passed, and no objections have been filed.
The Court, after having made a de novo determination of the parties' motions and the Memorandum and Recommendation, 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 in their entirety. Accordingly, It is ORDERED and ADJUDGED for the reasons set forth in the Memorandum and Recommendation of the of the United States Magistrate Judge signed and filed on October 14, 2022, which is adopted in its entirety as the opinion of this Court, that Plaintiff-Respondent's motion to dismiss (Crim. Document No. 50; Civ. Document No. 5) is GRANTED and that Defendant-Movant's motion to vacate, set aside, or correct his sentence under § 2255 (Crim. Document No. 40; Civ. Document No. 1) is DENIED.
The Clerk will enter this Order and send copies to all parties of record.