Sanchez-Garcia v. Outlaw

Filing 11

ORDER ADOPTING 9 Report and Recommendations of Magistrate Judge, as its opinion with an addition. The decision in Chaidez v. United States will not affect this case. Signed by Judge D. P. Marshall Jr. on 10/18/2012. (mcz)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS EASTERN DIVISION ARIEL SANCHEZ-GARCIA Reg. # 23245-047 v. PETITIONER No. 2:12-cv-25-DPM-JTR T.C. OUTLAW, Warden, FCI-Forrest City RESPONDENT ORDER The Court has considered Magistrate Judge J. Thomas Ray's recommended disposition, Document No. 9, and Sanchez-Garcia's objection, Document No. 10. After de novo review, the Court adopts the recommendation as its opinion with an additional word. FED. R. CIV. P. 72(b)(3). Sanchez-Garcia requests only that the Court defer ruling until the Supreme Court decides in Chaidez v. United States, 655 F.3d 684 (7th Cir. 2011), cert. granted, 132 S. Ct. 2101 (2012), whether its ruling in Padilla v. Kentucky, 130 S. Ct. 1473 (2010), applies retroactively. The Court declines to do so; Padilla came down five weeks before Sanchez-Garcia pleaded guilty, so the decision in Chaidez will not affect his case. So Ordered. ~ยท D.P. Marshall Jr. United States District Judge -2-

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