U.S. v. Anthony

Full title: UNITED STATES OF AMERICA, v. KENTE AMIN ANTHONY

Court: United States District Court, S.D. Texas, Galveston Division

Date published: Oct 23, 2006

Criminal No. G-05-07, Civil Action No. G-06-324 (S.D. Tex. Oct. 23, 2006)

Opinion

Criminal No. G-05-07, Civil Action No. G-06-324.

October 23, 2006

OPINION AND ORDER

SAMUEL KENT, District Judge

Before the Court is a Report and Recommendation from the United States Magistrate Judge which recommends that the "Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody" filed by Kente Amin Anthony, the named Defendant in the above-styled and numbered cause, be dismissed in its entirety. Anthony has filed objections to the Report and Recommendation.

Upon de novo review, pursuant to 28 U.S.C. § 636(b)(1)(C), this Court agrees with the Magistrate Judge and FINDS that Anthony voluntarily waived his right to file a Motion under § 2255 as part of his Plea Agreement with the Government and further FINDS, in the alternative, that Anthony's asserted grounds for relief are without merit. The Report and Recommendation is, therefore, ACCEPTED by this Court in its entirety and incorporated by reference herein.

Accordingly, it is the ORDER of this Court that the "Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody" (Instrument no. 43) of Kente Amin Anthony is DISMISSED in its entirety.