Luna-Lara v. USA

Filing 38

ORDER ADOPTING REPORT AND RECOMMENDATION 33 . The Motion to Vacate, Set Aside, or Correct Sentence Under 28 U.S.C. § 2255 is GRANTED. Petitioner's conviction and sentence are VACATED with the original charges in the indictment reinstated. The Clerk of Court shall enter judgment in CV-16-1532-PHX-ROS accordingly. Signed by Senior Judge Roslyn O Silver on 3/10/20. (GMP)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Francis Luna-Lara,
Petitioner,

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v.

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CR-03-1097-PHX-ROS

United States of America,

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No. CV-16-01532-PHX-ROS

Respondent.

ORDER

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Magistrate Judge Michelle H. Burns issued a Report and Recommendation (“R&R”)

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recommending Petitioner’s motion under 28 U.S.C. § 2255 be granted.

(Doc. 33).

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Pursuant to the parties’ status report and the proceedings scheduled in CR-03-1097-PHX-

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ROS, the R&R will now be adopted.

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Accordingly,

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IT IS ORDERED the Report and Recommendation (Doc. 33) is ADOPTED. The

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Motion to Vacate, Set Aside, or Correct Sentence Under 28 U.S.C.. § 2255 is GRANTED.

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Petitioner’s conviction and sentence are VACATED with the original charges in the

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indictment reinstated. The Clerk of Court shall enter judgment in CV-16-1532-PHX-ROS

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accordingly.

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Dated this 10th day of March, 2020.

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Honorable Roslyn O. Silver
Senior United States District Judge