Summary
In Cruz-Barcena, the defendant accepted a plea agreement in which he consented to plead guilty to Illegal Re-entry, in violation of 8 U.S.C. § 1326, to admit that he had been previously deported from the United States after being convicted of an aggravated felony, and to acknowledge that no one could predict what guideline range would apply to his offense until after a presentence investigation had been conducted.
Summary of this case from Espino-Guerrero v. U.S.Opinion
2:03-CR-0044 (01).
August 10, 2005
ORDER ADOPTING REPORT AND RECOMMENDATION and DENYING MOTION TO VACATE, SET ASIDE OR CORRECT SENTENCE
Defendant has filed a motion to vacate, set aside or correct sentence by a person in federal custody. A Report and Recommendation was issued by the United States Magistrate Judge and filed on July 21, 2005. No objections to the Report and Recommendation have been filed of record as of this date.
The United States District Judge has made an independent examination of the record in this case and has examined the Report and Recommendation of the Magistrate Judge. The District Judge is of the opinion the Magistrate Judge's Report and Recommendation should be, and hereby is, ADOPTED. It is the further ORDER of the Court that this motion to vacate, set aside or correct sentence is, in all things, DENIED.
IT IS SO ORDERED.