Smith v. United States of America

Filing 22

ORDER adopting 21 --REPORT AND RECOMMENDATION; denying 1 --motion to vacate, set aside or correct sentence (2255) Criminal Case No. 8:05-cr-527-T-23MAP filed by Bryan Timothyleenard Smith; directing the Clerk to ENTER A JUDGMENT and CLOSE the case. Signed by Judge Steven D. Merryday on 3/20/2012. (BK)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
UNITED STATES OF AMERICA
v.

CASE NO.: 8:05-cr-527-T-23AEP
8:08-cv-1086-T-23AEP

BRYAN TIMOTHYLEENARD SMITH
/

ORDER
Smith moved (Doc. 1) to vacate his sentence under 28 U.S.C. § 2255. The
court referred (Doc. 12) the matter to Magistrate Judge Anthony E. Porcelli, who
conducted a hearing to determine whether Smith’s counsel rendered ineffective
assistance (1) by not moving to suppress Smith’s statements and (2) by not
investigating Smith’s alibi claim. The Magistrate Judge issued his report (Doc. 21)
recommending denial of the motion to vacate. Neither party objected to the report
and recommendation.
Upon consideration, the court adopts the report and recommendation. Smith’s
motion to vacate sentence (Doc. 1) is DENIED. The clerk shall enter a judgment
and close this case.
ORDERED in Tampa, Florida, on March 20, 2012.

Steven D. Merryday 

STEVEN D. MERRYDAY
UNITED STATES DISTRICT JUDGE