Newham v. United States Of America

Filing 21

ORDER ADOPTING the Magistrate Judge's 19 Report and Recommendation as the opinion of the Court. The Court DENIES in part and DISMISSES without prejudice in part Newham's Motion to Vacate, Set Aside, or Correct his sentence. The Court DENIES Newham in forma pauperis status on appeal and a Certificate of Appealability. The Court DIRECTS the Clerk of Court to CLOSE this case and to enter the appropriate judgment of dismissal. Signed by Judge Lisa G. Wood on 6/13/2017. (csr)

3i^n t|ie ?Hntteb ^tatesf Btsttrict Court
:Jfor t^e ^ont^iem Btotrtct of (f^eorgta
ilirunsittiick Btbtoton
NATHAN P. NEWHAM,
Petitioner,

CIVIL ACTION NO.: 2:16-cv-9

V.

(CaseNo.:2:14-cr-12)

UNITED STATES OF AMERICA,

Respondent.

ORDER

After an independent and de novo review of the entire

record, the undersigned concurs with the Magistrate Judge's
Report and Recommendation,

dkt.

("Newham") filed Objections.^

no.

19,

to which Nathan Newham

Accordingly, the Court ADOPTS the

Magistrate Judge's Report and Recommendation as the opinion of
the Court.

The Court DENIES in part and DISMISSES without

prejudice in part Newham's Motion to Vacate, Set Aside, or
Correct his Sentence,

filed pursuant to 28 U.S.C. § 2255.

^ In his Objections, Newham requests that the Court consider his claim
for a downward departure pursuant to Amendment 794, which applies
retroactively.
Dkt. No. 20, p. 4.
While this Amendment to the United

States Sentencing Guidelines is retroactively applicable, it offers
Newham no relief.
See United States v. Donis-Galan, 646 F. App'x 867
(11th Cir. 2016). Regardless of the retroactive application of this
Amendment, Newham fails to overcome the appeal and collateral attack
waivers contained in his plea agreement or to otherwise establish that
his trial counsel rendered ineffective assistance.

The Court DENIES Newham in forma pauperis status on appeal
and a Certificate of Appealability.

The Court DIRECTS the Clerk

of Court to CLOSE this case and to enter the appropriate
judgment of dismissal.

SO ORDERED, this I ^

dav of

HON. jLISA ^DBEXWOOD^-JUDGE

UNITED ST^ES DISITTCCT COURT
SOUTHERN/DISTRICT OF GEORGIA

A0 72A

(Rev. 8/82)

, 2017.