Mason v. Outlaw

Filing 13

ORDER adopting Judge Kearney's well-reasoned 11 Partial Report and Recommendations as the Court's own opinion. The 1 Petition for Writ of Habeas Corpus is dismissed without prejudice. Signed by Judge D. P. Marshall Jr. on 3/13/2013. (dmn)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS EASTERN DIVISION PETITIONER JAMES MASON v. No. 2:12-cv-37-DPM-JTK T.C. OUTLAW, Warden, F.C.C. Forrest City RESPONDENT ORDER Mason has filed a petition for a writ of habeas corpus, arguing that his 1999 Controlled Substances Act sentence was unlawfully enhanced when the sentencing judge counted a five-month CSA sentence imposed in 1995 as a prior felony drug conviction. Mason has objected to Magistrate Judge Jerome T. Kearney's recommendation, Document No. 11, that the Court dismiss Mason's petition. On de novo review, FED. R. CN. P. 72(b)(3), the Court adopts Judge Kearney's well-reasoned opinion as its own Order. A felony charge begets a felony conviction even if the sentence imposed is less than one year. If Mason's petition were properly before the Court, it would fail on the merits. The petition is dismissed without prejudice. So Ordered. D.P. Marshall Jr. (I United States District Judge -2-

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