Guarduno-Rivera v. United States of America

Filing 18

ORDER ADOPTING 12 Report and Recommendations. The Court grants the §2255 motion as to the out-of-time appeal and dismisses without prejudice all other claims raised in the motion. The Court vacates Petitioner's Judgment in CR116-034 and reimposes the same sentence, identical in all respects to the original Judgment, save for the date of entry. This civil action stands closed. Signed by Chief Judge J. Randal Hall on 8/30/2018. (pts)

FILED

U.S. DISTRICT COURT

IN THE UNITED STATES DISTRICT COURT

A11^ n s A n i V

'"
2018AUG3O PH2--09

FOR THE SOUTHERN DISTRICT OF GEORGIA
AUGUSTA DIVISION

SO.OiST. Of GA.

ABIZAHI GUARDUNO-RIVERA,

Petitioner,
CV 118-040

V.

(Formerly CR 116-034)
UNITED STATES OF AMERICA,
Respondent.

ORDER

After a careful, de novo review of the file, the Court concurs with the Magistrate

Judge's Report and Recommendation, to which no objections have been filed. Accordingly,
the Court ADOPTS the Report and Recommendation of the Magistrate Judge as its opinion.
Therefore, the Court GRANTS Petitioner's § 2255 motion as to the out-of-time appeal and
DISMISSES without prejudice all other claims raised in the § 2255 motion. The Court
VACATES Petitioner's judgment in the underlying criminal case. CR 116-034, doc. no. 55.
Simultaneous with the entry of this Order, the Court is entering a new Judgment in a
Criminal Case that reimposes the same sentence, identical in all respects to the original
Judgment, save only for the date of entry.
The Court HEREBY ADVISES Petitioner that with the entry of the new Judgment,

he shall have all the rights associated with an appeal from any criminal sentence. The Court
also specifically advises Petitioner the entry of the new Judgment creates a fourteen-day

period within which Petitioner may prosecute a direct appeal of his criminal conviction.
Thus, Petitioner shall have fourteen days from the date of entry of the Judgment to file a

notice of appeal. Attorney Wendell E. Johnston, Jr., has been appointed to represent
Petitioner on direct appeal.

CR 116-034, doc. no. 80.

Finally, the Court DIRECTS the Clerk to CLOSE this civil action and ENTER an
appropriate final judgment in this civil case in favor ofPetitioner.

SO ORDERED this

day of August, 2018, at Augusta, Georgia.

J. RANDAIJ HALL,CHIEF JUDGE

UNITEDJJATES DISTRICT COURT
SOUTHfi^ DISTRICT OF GEORGIA