Opinion
Case Nos. 03-CR-90022, 05-CV-72492-DT.
December 16, 2005
Defendant/Movant Nuo Nuculovic was convicted in this Court on September 23, 2003, pursuant to his guilty plea for possession with intent to distribute marijuana. On April 29, 2004, Nuculovic was sentenced to a term of forty-eight months' incarceration. The sentence was below the applicable guideline range. He did not appeal his conviction or sentence. On June 15, 2005, Nuculovic, through counsel, filed this motion to vacate his sentence under 28 U.S.C. § 2255, challenging the constitutionality of his sentence, in light of the recent United States Supreme Court's decision in United States v. Booker, 125 S.Ct. 738 (2005).
On November 21, 2005, Magistrate Judge Paul J. Komives issued a Report and Recommendation (R R) denying the relief sought. Nuculovic has filed no objections to Magistrate Judge Komives' Report and Recommendation and has thereby waived his right to object to the Report and Recommendation pursuant to 28 U.S.C. § 636(b)(1) and E.D. Mich. LR 72.1 (d)(2).
Accordingly, this Court adopts Magistrate Judge Komives' Report and Recommendation in its entirety, and DENIES defendant/movant's motion to vacate, set aside, or correct his sentence.
IT IS SO ORDERED.