U.S. v. Zazueta

Full title: United States of America, Plaintiff/Respondent, v. Guadalupe Arrendondo…

Court: United States District Court, D. Arizona

Date published: May 22, 2006

Nos. CR 04-328-3 PHX NVW, CV 05-2472 PHX NVW (MEA) (D. Ariz. May. 22, 2006)

Opinion

Nos. CR 04-328-3 PHX NVW, CV 05-2472 PHX NVW (MEA).

May 22, 2006

ORDER

NEIL WAKE, District Judge

Before the Court are Defendant's Motion to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody pursuant to 28 U.S.C. § 2255 (doc. # 193) and the government's Response (doc. # 198). On April 25, 2006, United States Magistrate Judge Mark E. Aspey issued a Report and Recommendation ("R R") (doc. # 199) recommending that the Defendant's Motion to Vacate, Set Aside, or Correct Sentence be denied and dismissed with prejudice. No objections to the R R were filed.

The Court has reviewed the R R and agrees with the magistrate judge's determinations. Accordingly, the Court will accept the R R and dismiss the Motion to Vacate, Set Aside or Correct Sentence. See 28 U.S.C. § 636(b)(1) (stating that the district court "may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge").

IT IS THEREFORE ORDERED accepting the Report and Recommendation of Magistrate Judge Aspey (doc. # 199).

IT IS FURTHER ORDERED that Defendant's Motion to Vacate, Set Aside, or Correct Sentence pursuant to 28 U.S.C. Section 2255 (doc. # 193) is denied and dismissed with prejudice.

IT IS FURTHER ORDERED that the Clerk of the Court shall enter judgment accordingly and terminate this action.