Opinion
Case Nos. 4:98cr44-RH/WCS, 4:06cv35-RH/WCS.
July 28, 2006
ORDER DENYING SECOND § 2255 MOTION
This matter is before the court on the magistrate judge's report and recommendation (document 310), to which no objections have been filed. Upon consideration,
IT IS ORDERED:
The report and recommendation is ACCEPTED and adopted as the opinion of the court. Defendant's "Ex Parte Notice of Booker's violations and preservation of issues" (document 309) is deemed a second or successive motion for relief under 28 U.S.C. § 2255 and is DENIED.
SO ORDERED.