Green v. United States of America

Filing 8

ORDER ADOPTING REPORT AND RECOMMENDATIONS, DENYING CERTIFICATE OF APPEALABILITY AND CLOSING CASE. The Report and Recommendation DE 7 is AFFIRMED and ADOPTED. Movant's Motion to Vacate Pursuant to 28 U.S.C. § 2255 DE 1 is DENIED. All pending motions not otherwise ruled upon in this Order are DENIED AS MOOT. Certificate of Appealability: DENIED. This case is CLOSED. Signed by Senior Judge Patricia A. Seitz on 10/2/2017. (mc) NOTICE: If there are sealed documents in this case, they may be unsealed after 1 year or as directed by Court Order, unless they have been designated to be permanently sealed. See Local Rule 5.4 and Administrative Order 2014-69.

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 16-22536-CIV-SEITZ
IRVIN GREEN,
Movant,
vs.
UNITED STATES OF AMERICA,
Respondent.

__________________________/
ORDER ADOPTING REPORT. DENYING CERTIFICATE OF APPEALABILITY,
AND CLOSING CASE
THIS CAUSE is before the Court on the Report and Recommendation [DE-7] of
Magistrate Judge Turnoff, in which he recommends that Movant's Motion to Vacate Pursuant to
28 U.S.C. § 2255 be denied and that Movant's reply brief [DE-6] be stricken. Movant sought to
set aside his conviction and sentence. Movant maintains that he is actually innocent of the
crimes of which he was convicted because Hobbs Act Robbery no longer qualifies as a predicate
"crime ofviolence" under 18 U.S.C. § 924(c). The Report and Recommendation (the Report)
recommends that the Motion be denied because the Eleventh Circuit has held that Hobbs Act
robbery qualifies as a "crime of violence" under§ 924(c)(3)(A). Neither side has filed any
objections to the Report and Recommendation. Thus, having carefully reviewed, de novo,
Magistrate Judge Turnoffs Report, the record, and given that Movant does not object, it is
ORDERED that:
(1) The above-mentioned Report and Recommendation [DE-7] is AFFIRMED and

ADOPTED, and incorporated by reference into this Court's Order.
(2) Movant's Motion to Vacate Pursuant to 28 U.S.C. § 2255 [DE-l] is DENIED.

(3) All pending motions not otherwise ruled upon in this Order are DENIED AS MOOT.
(4) The Court will not issue a Certificate of Appealability.

PATRICIA A. S ITZ
UNITED STATES DISTRICT JUDGE

cc:

All counsel of record

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