Summary
concluding § 2255 motion was untimely because Descamps is not retroactive to cases on collateral review
Summary of this case from Johnson v. United StatesOpinion
CASE NO. 4:02cr3-MW/CAS CASE NO. 4:14cv278-MW/CAS
07-09-2014
UNITED STATES OF AMERICA, v. DANIEL JUNIOR UPSHAW, Defendant.
ORDER ACCEPTING
REPORT AND RECOMMENDATION
This Court has considered the Magistrate's Report and Recommendation, ECF No.52, filed June 19, 2014, and has also reviewed de novo Defendant's objections to the report and recommendation, ECF No. 53, filed July 7, 2014. Accordingly,
IT IS ORDERED:
The report and recommendation is accepted and adopted, over Defendant's objections, as this Court's opinion. The Clerk shall enter judgment stating, "The motion to vacate, set aside, or correct sentence, ECF No. 51, is DENIED and DISMISSED as untimely. A certificate of appealability is DENIED." The Clerk shall close the file.
Mark E. Walker
United States District Judge